Search Legislation

Advanced Search

Regulation (EU) No 640/2010 of the European Parliament and of the CouncilShow full title

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

Help about what version

What Version

Help about advanced features

Advanced Features

Help about UK-EU Regulation

Legislation originating from the EU

When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Close

This item of legislation originated from the EU

Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).

Changes to legislation:

There are currently no known outstanding effects by UK legislation for Regulation (EU) No 640/2010 of the European Parliament and of the Council. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and Social Committee(1),

Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(1) The Union is a Contracting Party to the United Nations Convention of 10 December 1982 on the Law of the Sea approved by Council Decision 98/392/EC(3), to the Agreement on the implementation of the provisions of that Convention relating to the conservation and management of straddling stocks and highly migratory fish stocks ratified by Council Decision 98/414/EC(4) and to the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas accepted by Council Decision 96/428/EC(5). In the framework of those international obligations, the Union participates in efforts made to ensure sustainable management of highly migratory fish stocks.

(2) The Union is a Contracting Party to the International Convention for the Conservation of Atlantic Tunas pursuant to Council Decision 86/238/EEC(6) (ICCAT Convention). The ICCAT Convention provides for a framework for regional cooperation on the conservation and management of tuna and tuna-like species in the Atlantic Ocean and adjacent seas through an International Commission for the Conservation of Atlantic Tunas (ICCAT), and for the adoption of recommendations applicable in the ICCAT Convention area which become binding on the Contracting Parties, cooperating non-contracting Parties, entities and fishing entities (CPCs).

(3) ICCAT Recommendations 1992-01, 1993-03, 1996-10, 1997-04, 1998-12, 03-19 and 06-15 and Resolutions 1993-02, 1994-04 and 1994-05 on a statistical document programme for bluefin tuna have been implemented by 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 Community(7).

(4) As part of the measures to regulate stocks of bluefin tuna, to improve the quality and reliability of statistical data and in order to prevent, deter and eliminate illegal fishing, ICCAT adopted at its annual meeting in Recife (Brazil), on 15 November 2009, Recommendation 09-11 amending Recommendation 08-12 on an ICCAT bluefin tuna catch documentation programme. That Recommendation entered into force on 1 June 2010 and needs to be implemented by the Union.

(5) In order to ensure that the provisions on an ICCAT bluefin tuna catch documentation programme are easily readable and applied uniformly, the relevant provisions of Regulation (EC) No 1984/2003 related to the ICCAT bluefin tuna statistical document and re-export certificate should be deleted. Therefore, Regulation (EC) No 1984/2003 should be amended accordingly.

(6) The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of the transposition of new conservation measures adopted by ICCAT, thus updating and supplementing the Annexes to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level,

HAVE ADOPTED THIS REGULATION:

Modifications etc. (not altering text)

CHAPTER IU.K.GENERAL PROVISIONS

Article 1U.K.Subject matter and scope

[F1(1)]This Regulation establishes a F2... bluefin tuna catch documentation programme in order to support the implementation of conservation and management measures adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT), incorporating the provisions of the ICCAT bluefin tuna catch documentation programme with a view to identifying the origin of all bluefin tuna.

[F32.This Regulation does not apply to

(a)the domestic trade, import, export or re-export of bluefin 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)bluefin tuna caught by recreational fishing boats where sale of the fish is prohibited.]

Textual Amendments

Article 2U.K.Definitions

For the purpose of this Regulation, the following definitions shall apply:

(a)

‘[F4bluefin] tuna’ means fish of the species Thunnus thynnus[F5and any reference to bluefin tuna in this Regulation means such fish, or parts of such fish, falling within any of the commodity codes of the customs tariff of the United Kingdom as] listed in Annex I;

(aa)

[F6‘bluefin tuna catch document’ means an electronic bluefin tuna catch document unless Article 5A applies, in which case it means a paper bluefin tuna catch document;

(ab)

‘catch quota’ has the same meaning as in section 52 of the Fisheries Act 2020 but where the term is used in relation to a specific UK fishing boat it is to be interpreted as a reference to the particular amount of catch quota available for use by that fishing boat either as a result of the distribution of catch quota to a specific fishing boat by the boat’s licensing authority or as a result of catch quota being available to a particular group of fishing boats or to fishing boats fishing with particular gear;

(ac)

‘designated port’ means a port or place close to the shore designated under Article 30(1) of Regulation 2016/1627 or designated by a contracting party, or a non-contracting cooperating party, to the International Convention for the Conservation of Atlantic Tunas, where landing or transhipping operations of bluefin tuna are permitted;]

(b)

[F7[F8‘domestic trade’ or ‘trade domestically’] means trade in Great Britain in bluefin tuna caught in the ICCAT Convention [F9area] by a [F10UK fishing boat], which is landed in Great Britain, [F11and ‘trade’ in this context includes placing on the market or offering for sale];]

(ba)

[F12‘electronic bluefin tuna catch document’ means an entry on the electronic catch document system which is completed with the information, where relevant, specified in Annex 2 and otherwise conforms to the requirements of this Regulation;

(bb)

‘electronic catch document system’ means the system adopted by ICCAT for electronically recording bluefin tuna catch information;

(bc)

‘enactment’ has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018;]

(c)

[F13‘export’ means, in relation to bluefin tuna caught in the ICCAT Convention area by a UK fishing boat and—

(i)

landed into Great Britain, the subsequent movement of that bluefin tuna outside Great Britain, or

(ii)

not landed into Great Britain, the landing of that bluefin tuna into Northern Ireland or the territory of any other State;

(ca)

‘fishing boat’ has the same meaning as in section 52 of the Fisheries Act 2020;

(cb)

‘Great Britain zone’ means the sea within British fishery limits but excluding any waters within—

(i)

12 miles of the baselines from which the breadth of the territorial sea adjacent to the Isle of Man is measured, and

(ii)

the Northern Ireland zone;

(cc)

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

(cd)

‘ICCAT Convention area’ means the area covered by the International Convention for the Conservation of Atlantic Tunas;

(d)

‘import’ means the movement of bluefin tuna caught in the ICCAT Convention area by any fishing boat, or by a trap, into Great Britain and includes such movement into Great Britain or the Great Britain zone for transhipment purposes but the term does not include the landing of bluefin tuna into Great Britain by UK fishing boats;

(da)

‘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,

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;

(db)

‘lot’ means a quantity of bluefin tuna products of the same presentation all of which originated from the same fishing grounds and a particular fishing boat, or group of fishing boats involved in the same fishing operation, or from the same trap;

(dc)

‘Northern Ireland zone’ has the same meaning as in section 52 of the Fisheries Act 2020;

(db)

‘paper bluefin tuna catch document’ means a catch document, other than an electronic bluefin tuna catch document, which is completed with the information, where relevant, specified in Annex 2, is in the form required by Article 5A and otherwise conforms to the requirements of this Regulation;]

(e)

‘[F14re-export]’ means any movement from [F15Great Britain] of bluefin tuna which had been previously imported into [F15Great Britain];

(ea)

[F16‘recreational fishing boat’ means a fishing boat used wholly for the purpose of conveying persons wishing to fish for pleasure;

(eb)

‘Regulation 2016/1627’ means Regulation (EU) 2016/1627 of the European Parliament and of the Council on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean;

(ec)

‘trap’ means fixed gear anchored to the seabed, usually containing a guide net that leads bluefin tuna into an enclosure or series of enclosures where it is kept prior to harvesting;

(ed)

‘UK fishing boat’ has the same meaning as in section 52 of the Fisheries Act 2020.]

(f)

F17...

(g)

F17...

(h)

F17...

(i)

F17...

(j)

F17...

(k)

F17...

(l)

F17...

(m)

F17...

Textual Amendments

CHAPTER IIU.K.BLUEFIN TUNA CATCH DOCUMENT

[F18Article 3U.K.Bluefin tuna catch document: prohibitions

1.Subject to paragraphs 2, 3 and 4, it is prohibited—

(a)to land or tranship any quantity of bluefin tuna at a designated port in Great Britain or in the Great Britain zone without a completed and validated bluefin tuna catch document for each fish;

(b)for a UK fishing boat to land or tranship any quantity of bluefin tuna at a designated port outside of Great Britain or the Great Britain zone without a completed and validated bluefin tuna catch document for each fish;

(c)for a person to trade domestically, import into, export from, or re-export from, Great Britain any quantity of bluefin tuna without a completed and validated bluefin tuna catch document for the lot.

2.The bluefin tuna catch document referred to in paragraph 1 does not require validation where Article 4(5) applies.

3.Where the total quantity of bluefin tuna landed by a UK fishing boat into a designated port in Great Britain or in the Great Britain zone is—

(a)less than one metric tonne, or

(b)no more than three fish,

the boat’s fishing logbook or the sales note for the fish may be used as a temporary catch document pending validation of the bluefin tuna catch document for up to seven days but this temporary catch document may not be used for export of the fish.

4.Where a fishing boat is required to land any bluefin tuna caught as by-catch, the prohibition on landing the fish without a bluefin tuna catch document in paragraph 1(a) and (b) does not apply where sale of the fish is prohibited and the fish is subject to confiscation on landing.

5.Where paragraph 1(a) applies to a fishing boat and the boat is also landing or transhipping tuna of the species Thunnus orientalis (“Pacific tuna”), the requirement for a completed and validated bluefin tuna catch document also applies to each Pacific tuna landed or transhipped.

6.Where—

(a)a fishing boat lands or tranships in contravention of a prohibition in paragraph 1(a) or (b), the master, the owner and the charterer (if any) are each guilty of an offence;

(b)a person contravenes a prohibition in paragraph 1(c), the person is guilty of an offence.

Textual Amendments

Article 3AU.K.Bluefin tuna catch document

1.Each licensing authority must seek to restrict any access it facilitates to the electronic catch document system, for the purpose of entering information—

(a)only to UK fishing boats that the authority has licensed;

(b)so that each electronic bluefin tuna catch document will be uniquely identifiable and unique to the UK fishing boat to which the catch relates.

2.Each licensing authority must seek to ensure that paper bluefin tuna catch documents—

(a)are only used where Article 5A applies;

(b)are only given to UK fishing boats that the authority has licensed;

(c)contain unique document identification numbers which are uniquely identifiable, unique to the UK fishing boat in question and non-transferrable.

Textual Amendments

Article 4U.K.Bluefin tuna catch document: validation

1.On each occasion where a UK fishing boat lands (except where Article 3(4) applies) or tranships any quantity of bluefin tuna, the master of the boat must complete a bluefin tuna catch document and, subject to paragraph 5, request its validation by the boat’s licensing authority.

2.Upon a request made under paragraph 1, the licensing authority must not validate the bluefin tuna catch document unless the authority is satisfied—

(a)where appropriate following an inspection of the bluefin tuna landed, that all the information contained in the catch document has been established to be accurate;

(b)that the total quantity of bluefin tuna covered by the validation request is within the United Kingdom’s catch quota and the catch quota for the fishing boat in question;

(c)that the catching and landing of the bluefin tuna in question was carried out in full compliance with all relevant requirements placed on the fishing boat in question via any other enactment or via conditions attached to the boat’s licence under paragraph 1 of Schedule 3 to the Fisheries Act 2020.

3.On each occasion where a person trades domestically or exports any quantity of bluefin tuna, the person must, subject to paragraphs 5 and 6, request validation of the bluefin tuna catch document applicable to the lot by the licensing authority of the fishing boat which completed the catch document or by the licensing authority for the area from which the person is trading or exporting the fish.

4.Upon a request made under paragraph 3, the licensing authority must not validate the bluefin tuna catch document unless the authority is satisfied, following verification of information and, where appropriate, inspection of the lot, that the information contained in the catch document is accurate.

5.Validation of the bluefin tuna catch document is not required where the fish to which the catch document relates is tagged in accordance with Article 5.

6.Where the first domestic trade of a bluefin tuna lot is facilitated by a completed and validated electronic bluefin catch document, that catch document may be used for all subsequent domestic trade of that lot and no further entry on the electronic catch document system is required.

Textual Amendments

Article 5U.K.Tagging

A licensing authority may require any fishing boat that it has licensed to affix a tag to each bluefin tuna caught by the boat in the ICCAT Convention area. Where this requirement is imposed, the tag must—

(a)be affixed to the fish prior to landing,

(b)be tamper-proof, and

(c)contain the following minimum information—

(i)a unique tag number which is linked to the bluefin tuna catch document;

(ii)information identifying the fishing boat that caught the tuna;

(iii)date of capture or landing;

(iv)the area in which the fish was caught;

(v)the gear used to catch the fish;

(vi)the type of product and the individual weight of the fish;

(vii)where applicable, the importer or exporter’s details;

(viii)where applicable, the point of export.

Textual Amendments

Article 5AU.K.Paper bluefin tuna catch documents

1.A paper bluefin tuna catch document may be used only in accordance with this Article.

2.Where the total quantity of bluefin tuna landed by a boat is—

(a)less than one metric tonne, or

(b)no more than three fish,

a paper bluefin tuna catch document may be used for up to seven days pending conversion of the catch document into an electronic bluefin tuna catch document, but the paper catch document may not be used for export of the fish.

3.A paper bluefin tuna catch document may be used for the import or domestic trade of bluefin tuna caught prior to 1st January 2017.

4.A paper bluefin tuna catch document may be used in the event that technical problems arise with the electronic catch document system which prevent the completion or validation of the relevant electronic bluefin tuna catch document provided—

(a)the technical problems which prevent the completion or validation of the catch document arise with the electronic catch document system itself and not with a system used by the master of the fishing boat, the licensing authority or the relevant authority of the boat’s flag State, to access the electronic catch document system,

(b)the relevant procedures specified by ICCAT to be followed in the event of technical problems with the electronic catch document system have been followed and the technical problem has not been resolved, and

(c)the paper catch document is not used for any longer than necessary once the technical problems have been resolved so as to allow the paper catch document to be converted into an electronic bluefin tuna catch document.

5.A paper bluefin tuna catch document may be used for tuna of the species Thunnus orientalis (“Pacific tuna”) to comply with the requirement in Article 3(5).

6.A paper bluefin tuna catch document may be used for import from, or export to, another State that is not a contracting party, or a non-contracting cooperating party, to the International Convention for the Conservation of Atlantic Tunas where the State in question does not have access to the electronic catch document system and it is not reasonably practicable in the circumstances to facilitate the use of an electronic bluefin tuna catch document through ICCAT.

7.Where a paper bluefin tuna catch document is used it must—

(a)either be in the format set out in Annex 3 or be a printout of a completed electronic bluefin tuna catch document,

(b)be completed with the information, where relevant, specified in Annex 2, and

(c)be issued, numbered, completed and validated in accordance with the instructions set out in Annex 4.

8.Each licensing authority must retain a copy of each paper bluefin tuna catch document it has validated or received for a minimum period of two years.]

Textual Amendments

CHAPTER IIIU.K.BLUEFIN TUNA RE-EXPORT CERTIFICATE

[F19Article 6U.K.Re-export certificate

1.It is prohibited for a person to re-export any quantity of bluefin tuna without a completed and validated bluefin tuna re-export certificate for the lot.

2.On each occasion where a person re-exports any quantity of bluefin tuna, the person must—

(a)complete a re-export certificate for the lot,

(b)request its validation by the licensing authority for the area from which the lot is being re-exported, and

(c)ensure the completed re-export certificate is accompanied by a copy of the validated bluefin tuna catch document(s) relating to the lot.

3.In this Article “re-export certificate” means—

(a)a certificate in the form of an entry on the electronic catch document system linked to the catch document for the lot which is completed with the information, where relevant, specified in Annex 5, or

(b)where the provisions in Article 5A apply in relation to a paper bluefin tuna catch document for the lot or in relation to technical problems with the electronic catch document system which prevent the completion or validation of a bluefin tuna re-export certificate, a certificate in the form required by Annex 5 and completed with the information, where relevant, specified in that Annex.

4.Where a person contravenes the prohibition in paragraph 1, the person is guilty of an offence.]

Textual Amendments

Article 7U.K.Re-export validation

F201.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.[F21Upon a request made under Article 6(2)(b), the licensing authority must not validate the re-export certificate unless the authority is satisfied—]

(a)all the information contained in the re-export certificate has been established to be accurate,

(b)the validated catch document(s) submitted in support of the re-export certificate had been accepted for the importation of the products declared on the re-export certificate,

(c)the products to be re-exported are wholly or partly the same products appearing on the validated catch document(s), and

(d)a copy of the catch document(s) is attached to the validated re-export certificate.

F223.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F234.Each licensing authority must—

(a)promptly send a copy of any re-export certificate it has validated to the competent authorities of the State where the bluefin tuna is due to be imported and to the ICCAT Secretariat;

(b)retain a copy of each re-export certificate it has validated or received for a minimum period of two years.]

Textual Amendments

CHAPTER IVU.K.F24... VERIFICATION [F25, ENFORCEMENT AND OFFENCES]

F26Article 8U.K.Communication and conservation of validated documents

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 9U.K.Verification

1.[F27The licensing authorities must ensure that appropriate measures are put in place to attempt to] identify each lot of bluefin tuna landed in, transhipped in, domestically traded in, imported into or exported or re-exported from [F28Great Britain][F29and, where identified, that] the validated catch document(s) and related documentation of each lot of bluefin tuna [F30are requested and examined]. F31...

2.[F32Where appropriate, the examination referred to in paragraph 1 may include an examination of] the content of the lot to verify the information contained in the [F33bluefin tuna] catch document and in related documents and, where necessary, F34... verifications with the operators concerned.

3.If, as a result of examinations or verifications carried out pursuant to paragraphs 1 and 2, a doubt arises regarding the information contained in a [F35bluefin tuna] catch document, [F36the licensing authority][F37must][F38communicate with the relevant authority] which validated the catch document(s) or re-export certificate(s) to resolve such doubts.

[F394.If a [F40licensing authority] identifies a lot with no [F41bluefin tuna] catch document, it must notify its findings to [F42—

(a)the relevant authority for the exporting State, where the exporting State is a contracting party, or a non-contracting cooperating party, to the International Convention for the Conservation of Atlantic Tunas, and

(b)where known, the relevant authority for the flag State of the fishing boat, where the flag State is a contracting party, or a non-contracting cooperating party, to the Convention.]]

5.Pending the examinations or verifications under paragraphs 1 and 2, [F43[F44the licensing authority] must] not release the lot for domestic trade, import or export F45....

6.Where [F46the licensing authority], as a result of examinations or verifications pursuant to [F47this Article] and in cooperation with the validating authorities concerned, determines that a [F48bluefin tuna] catch document or re-export certificate is invalid, the domestic trade, import, export or re-export of the lot of bluefin tuna concerned [F49must] be prohibited.

[F507.In paragraph 1 “the licensing authorities” means the Marine Management Organisation, the Scottish Ministers and the Welsh Ministers.]

Textual Amendments

[F51Article 9AU.K.Penalties for offences

1.A person who commits an offence under Article 3(6) or 6(4) of this Regulation is liable—

(a)on summary conviction in England and Wales, to a fine;

(b)on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c)on conviction on indictment, to a fine.

2.The court by or before which a person is convicted of an offence under this Regulation may order the forfeiture of any fish in respect of which the offence was committed and any fishing gear used in committing the offence.

3.Where the court does not order the forfeiture of fish under paragraph 2, the court may instead impose a fine on the person not exceeding the value of the fish in respect of which the offence was committed. Any fine to which a person is liable under this paragraph is in addition to any other penalty (whether pecuniary or otherwise) to which the person is liable in respect of that offence under this Regulation or under any other enactment.

Textual Amendments

Article 9BU.K.Offences by bodies corporate etc

1.Where an offence under this Regulation is committed by a body corporate and it is proved that the offence—

(a)was committed with the consent or connivance of a person falling within paragraph 2, or

(b)is attributable to any neglect on the part of such a person,

that person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

2.The persons are—

(a)a director, manager, secretary or similar officer of the body corporate;

(b)any person purporting to act in such a capacity.

3.Where the affairs of a body corporate are managed by its members, paragraph 1 applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.

4.Where an offence under this Regulation has been committed by a Scottish partnership and it is proved that the offence—

(a)has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or

(b)is attributable to any neglect on the part of such a person,

that person (as well as the partnership) is guilty of an offence and liable to be proceeded against and punished accordingly.

Textual Amendments

Article 9CU.K.Enforcement

1.A British sea-fishery officer may seize any fish in respect of which an offence has been committed under this Regulation where the fish are on the fishing boat on which the offence has been or is being committed or are in the ownership or custody of, or under the control of, the owner, the master or the charterer (if any) of the fishing boat.

2.For the purpose of enforcing the provisions of this Regulation, section 8 of the Sea Fisheries Act 1968 (general powers of British sea-fishery officers) has effect as it has effect in relation to the provisions mentioned in subsection (1) of that section.

3.A marine enforcement officer has an enforcement function in relation to any offence or suspected offence by any person under this Regulation.

4.Section 238 of the Marine and Coastal Access Act 2009 (enforcement of the fisheries legislation) applies in relation to the enforcement function conferred by paragraph 3 as it applies in relation to the enforcement of “the fisheries legislation” (as defined in that section).

5.In this Article—

  • ‘British sea-fishery officer’ means any person who by virtue of section 7 of the Sea Fisheries Act 1968 is a British sea-fishery officer;

  • ‘marine enforcement officer’ has the same meaning as in section 235(1) of the Marine and Coastal Access Act 2009.]

Textual Amendments

Textual Amendments

F52CHAPTER VU.K.TRANSMISSION OF DATA

F52Article 10U.K.Information concerning validation and points of contact

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Article 11U.K.Annual programme report

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53CHAPTER VIU.K.FINAL PROVISIONS

F54Article 12U.K.Amendment of Annexes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54Article 13U.K.Exercise of the delegation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54Article 14U.K.Revocation of the delegation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54Article 15U.K.Objections to delegated acts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53Article 16U.K.Amendments to Regulation (EC) No 1984/2003

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55Article 17U.K.Review

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56Article 18U.K.Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

Done at Strasbourg, 7 July 2010.

For the European Parliament

The President

J. Buzek

For the Council

The President

O. Chastel

[F57ANNEX IU.K.

Textual Amendments

BLUEFIN TUNA

For the purposes of the definition of bluefin tuna in Article 2(a), the commodity codes in the first column of the following table apply. The descriptions in the second column of the table are for information purposes only.

Commodity CodeDescription
0301 9410 00Live Atlantic bluefin tuna (Thunnus thynnus)
0302 3511 00Fresh or chilled Atlantic bluefin tuna (Thunnus thynnus), excluding fillets and other meat for the industrial manufacture of prepared or preserved fish
0302 3519 00Fresh or chilled Atlantic bluefin tuna (Thunnus thynnus), excluding fillets and other meat
0303 4512 00Frozen Atlantic bluefin tuna (Thunnus thynnus), excluding fillets and other meat for the industrial manufacture of prepared or preserved fish
0303 4518 00Frozen Atlantic bluefin tuna (Thunnus thynnus), excluding fillets and other meat
0304 4990 30Fresh or chilled fillets of Atlantic bluefin tuna (Thunnus thynnus)
0304 5990 15Other Atlantic bluefin tuna (Thunnus thynnus) meat, fresh or chilled
0304 8700 10Frozen fillets of Atlantic bluefin tuna (Thunnus thynnus)
0304 9999 40Other Atlantic bluefin tuna (Thunnus thynnus) meat, frozen
0305 2000 18Atlantic bluefin tuna (Thunnus thynnus), other, salted or in brine
0305 2000 74Atlantic bluefin tuna (Thunnus thynnus), other, smoked
0305 2000 75Atlantic bluefin tuna (Thunnus thynnus), other, dried
0305 3990 30Fillets of Atlantic bluefin tuna (Thunnus thynnus), dried, salted or in brine, but not smoked
0305 4980 10Smoked Atlantic bluefin tuna (Thunnus thynnus), including fillets, other than edible fish offal
0305 5985 40Dried Atlantic bluefin tuna (Thunnus thynnus), other than edible fish offal, whether or not salted but not smoked
0305 6980 30Salted Atlantic bluefin tuna (Thunnus thynnus) but not dried or smoked and Atlantic bluefin tuna in brine, other than edible fish offal
1604 1441 10Atlantic bluefin tuna (Thunnus thynnus) whole or in pieces but not minced, prepared or preserved in vegetable oil
1604 1446 11Atlantic bluefin tuna (Thunnus thynnus) for processing, whole or in pieces but not minced, prepared or preserved other than in vegetable oil and fillets knowns as loins
1604 1446 19Atlantic bluefin tuna (Thunnus thynnus) whole or in pieces but not minced, prepared or preserved other than in vegetable oil and fillets knowns as loins
1604 1448 10Atlantic bluefin tuna (Thunnus thynnus) whole or in pieces but not minced, prepared or preserved other than in vegetable oil and other than fillets knowns as loins
1604 2070 30Atlantic bluefin tuna (Thunnus thynnus) other than whole or in pieces but not minced, preserved
1604 2070 35Atlantic bluefin tuna (Thunnus thynnus) other than whole or in pieces but not minced, other than preserved]

ANNEX IIU.K. DATA TO BE INCLUDED IN THE BLUEFIN TUNA CATCH DOCUMENT

1. ICCAT bluefin tuna catch document number U.K.

2. Catch information U.K.

Vessel or trap description U.K.

Catching vessel or trap name

Flag or trap State

ICCAT Record No of vessels or traps (if applicable)

Catch description U.K.

Date, area of catch and gear used

Number of fish, total round weight, and average weight(8)

Tag No. (if applicable)

ICCAT Record No of joint fishing operations (if applicable)

Government validation U.K.

Name of authority and signatory, title, signature, seal and date

3. Trade information for live fish trade U.K.

Product description U.K.

Total live weight, number of fish, area of catch

Exporter/seller information U.K.

Point of export or departure

Export company name, address, signature and date

Farm (name and ICCAT No.) and State of destination

Description of transportation (relevant documentation to be attached)

Importer/buyer information U.K.

Point of import or destination

Import company name, address, signature and date of signature

Government validation U.K.

Name of authority and signatory, title, signature, seal and date

4. Transfer information U.K.

Towing vessel description U.K.

ICCAT transfer declaration No.

Vessel name, flag

ICCAT Record No. and towing cage number (if applicable)

Number of fish dead during transfer, total weight

5. Transhipment information U.K.

Carrier vessel description U.K.

Name

Flag State

ICCAT Record No.

Date

Port (name and country or position)

Product description U.K.

(F/FR; RD/GG/DR/FL/OT)

Total weight (NET)

Government validation U.K.

Name of authority and signatory, title, signature, seal and date

6. Farming information U.K.

Farming facility description U.K.

Name, Farm Member State

ICCAT FFB No. and location of farm

Participation in national sampling programme (yes or no)

Cage description

Date of caging, cage number

Fish description U.K.

Estimates of number of fish, total weight, and average weight(9)

ICCAT Regional Observer information U.K.

Name, ICCAT number, signature

Estimated size composition (< 8 kg, 8-30 kg, > 30 kg)

Government validation U.K.

Name of authority and signatory, title, signature, seal and date

7. Harvesting information U.K.

Harvesting description U.K.

Date of harvest

Number of fish, total round weight, and average weight

Tag numbers (if applicable)

ICCAT Regional Observer information U.K.

Name, ICCAT number, signature

Government validation U.K.

Name of authority and signatory, title, signature, seal and date

8. Trade information U.K.

Product description U.K.

F/FR; RD/GG/DR/FL/OT (when different type of products are recorded in this section, the weight shall be recorded by each product type)

Total weight (NET)

Exporter/Seller information U.K.

Point of export or departure

Export company name, address, signature and date

State of destination

Description of transportation (relevant documentation to be attached)

Government validation U.K.

Name of authority and signatory, title, signature, seal and date

Importer/buyer information U.K.

Point of import or destination

Import company name, address, signature and date of signature

ANNEX IIIU.K. ICCAT BLUEFIN TUNA CATCH DOCUMENT MODEL

ANNEX IVU.K.Instructions for the issuing, numbering, completion and validation of the catch document

1.GENERAL PRINCIPLESU.K.

(1)LanguageU.K.

If a language other than an official ICCAT language (English, French and Spanish) is used in completing the catch document, the English translation must be attached to it.

(2)NumberingU.K.

[F58Each licensing authority] must develop unique numbering systems for catch documents using their ISO 2-alpha country code in combination with a number consisting of at least eight digits, of which at least two digits should indicate the year of catch.

Textual Amendments

Example: FR-09-123456 (where FR stands for France)

In the case of split lots or processed products, copies of the original catch document must be numbered by supplementing the number of the original catch documents with a 2-digit number.

Example: FR-09-123456-01, FR-09-123456-02, FR-09-123456-03, etc.

The numbering must be sequential and preferably printed. The serial numbers of blank catch documents issued shall be recorded according to the name of the recipient.

(3)ValidationU.K.

The catch document model shall not be a substitute for the prior transfer authorisation or the caging authorisation.

2.CATCH INFORMATIONU.K.

(1)CompletionU.K.

(a)General principlesU.K.

This section is applicable to all catches of bluefin tuna.

F59...

Textual Amendments

The CATCH INFORMATION section must be completed at the latest by the end of the F60... transhipment or landing operation.

Textual Amendments

NB: in case of joint fishing operations, the master of each catching vessel involved in the joint fishing operation must complete a catch document for each catch.U.K.

(b)Specific instructionsU.K.
F61...

:

F61...

‘ICCAT Record No’

:

indicate the ICCAT number of the catching vessel or trap authorised to fish bluefin tuna in the ICCAT Convention area. This information is not applicable to catching vessels which fish bluefin tuna as by-catch.

‘GEAR’

:

indicate the fishing gear using the following codes

BB

Baitboat

GILL

Gillnet

HAND

Handline

HARP

Harpoon

LL

Longline

MWT

Mid-water trawl

PS

Purse seine

RR

Rod and reel

SURF

Surface fisheries unclassified

TL

Tended line

TRAP

Trap

TROL

Troll

UNCL

Unspecified methods

OT

Other

‘TOTAL WEIGHT’

:

indicate the round weight in kilograms. If round weight is not used at the time of catch, indicate the type of product (e.g. GG). In case of joint fishing operations, the quantity reported must correspond to the allocation key defined for each catching vessel.

‘ZONE’

:

indicate Mediterranean, western Atlantic or eastern Atlantic.

‘TAGS No (if applicable)’

:

additional lines may be added to allow the listing of each tag number by individual fish.

Textual Amendments

(2)ValidationU.K.

F62...

Textual Amendments

For landed or transhipped fish, validation must take place at the latest by the end of the transhipment or landing operation.

F62...

F633.TRADE INFORMATION FOR LIVE FISH TRADEU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F644.TRANSFER INFORMATIONU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

5.TRANSHIPMENT INFORMATIONU.K.

(1)CompletionU.K.

(a)General principles:U.K.

F65...

Textual Amendments

F65...

The TRANShipment INFORMATION section must be completed at the latest by the end of the transhipment operation.

(b)Specific instructions:U.K.
‘DATE’

:

indicate the date of the transhipment.

‘PORT NAME’

:

indicate the designated port of transhipment.

‘PORT STATE’

:

indicate the F66... CPC of the designated port of transhipment.

Textual Amendments

(2)ValidationU.K.

[F67A [F68licensing authority]] must not validate catch documents where the CATCH INFORMATION section has not been completed and, where applicable, validated.

Textual Amendments

Validation must take place at the latest by the end of the transhipment operation.

F696.FARMING INFORMATIONU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F707.HARVESTING INFORMATIONU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

8.TRADE INFORMATIONU.K.

(1)CompletionU.K.

(a)General principles:U.K.

This section is applicable to domestic trade or export of dead bluefin tuna.

F71...

Textual Amendments

The TRADE INFORMATION section, except the subsection IMPORTER/BUYER, must be completed prior to the fish being domestically traded or exported.

In case of domestic trade, the subsection IMPORTER/BUYER must be completed by the domestic buyer after the fish have been domestically traded.

In case of international trade, the subsection IMPORTER/BUYER must be completed by the importer.

(b)Specific instructions:U.K.
‘TRANSPORTATION DESCRIPTION’

:

attach any relevant document certifying the trade.

(2)ValidationU.K.

The [F72relevant licensing authority] of the seller/exporter is responsible for the validation of the TRADE INFORMATION (except the subsection IMPORTER/BUYER) section unless bluefin tuna are tagged in accordance with Article 5 of this Regulation.

Textual Amendments

NB: in cases where more than one domestic trade or export results from a single catch document, a copy of the original catch document must be validated by the [F73relevant licensing authority] of the domestic seller or exporter and must be used and accepted as an original catch document. Validation of the copy guarantees that it is a true copy and has been recorded by [F73the authorities] concerned. Without such validation, any catch document copy will be null and void.

Textual Amendments

NB: In cases of re-export, the RE-EXPORT CERTIFICATE must be used to track further movements, which must relate to the catch information of the original catch document via the original catch document number.

When bluefin tuna are caught by a catching vessel F74...using the tagging system, then exported dead and re-exported, the catch document accompanying the RE-EXPORT CERTIFICATE does not have to be validated. However, the RE-EXPORT CERTIFICATE must be validated.

Textual Amendments

After import, a bluefin tuna may be divided into several pieces, which then may be subsequently exported. In this case, the [F75the] [F76licensing authority] must confirm that the re-exported piece is part of the original fish accompanied by the catch document.

Textual Amendments

ANNEX VU.K.DATA TO BE INCLUDED IN THE ICCAT BLUEFIN TUNA RE-EXPORT CERTIFICATE

1.Document number of the re-export certificateU.K.

2.Re-export sectionU.K.

F77...

Textual Amendments

Point of re-export

3.Description of imported bluefin tunaU.K.

Product type F/FR RD/GG/DR/FL/OT (when different type of products are recorded in this section, the weight shall be recorded by each product type)

Net weight (kg)

Catch document number(s) and date(s) of importation

Flag(s) of fishing vessel(s) or State of establishment of the trap, where appropriate

4.Description of bluefin tuna to be re-exportedU.K.

Product type F/FR RD/GG/DR/FL/OT (when different type of products are recorded in this section, the weight shall be recorded by each product type)

Net weight (kg)

Corresponding catch document number(s) from section 3

State of destination

5.Statement of re-exporterU.K.

Name

Address

Signature

Date

6.Validation by authoritiesU.K.

Name and address of the authority

Name and position of the official

Signature

Date

Government seal

7.Import sectionU.K.

Statement by the importer F78...

Textual Amendments

Name and address of the importer

Name and signature of the importer’s representative and date

Point of import: City and [F79State]

Textual Amendments

Note – Copies of the catch document(s) and transport document(s) shall be attached

NOTE: IF A LANGUAGE OTHER THAN ENGLISH IS USED IN COMPLETING THIS FORM, PLEASE ATTACH THE ENGLISH TRANSLATION TO THIS DOCUMENT.U.K.

Note: Valid transport document and copies of the BCDs shall be attached.U.K.

F80ANNEX VIU.K.REPORT ON THE IMPLEMENTATION OF THE ICCAT BLUEFIN TUNA CATCH DOCUMENTATION PROGRAMME

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

(1)

Opinion of 17 March 2010 (not yet published in the Official Journal).

(2)

Position of the European Parliament of 17 June 2010 (not yet published in the Official Journal) and Council Decision of 29 June 2010.

(8)

Weight shall be reported by round weight where available. If round weight is not used, specify the type of product (e.g., GG) in the ‘Total Weight’ and ‘Average Weight’ section of the form.

(9)

Weight shall be reported by round weight where available. If round weight is not used, specify the type of product (e.g., GG) in the ‘Total Weight’ and ‘Average Weight’ section of the form.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: