Regulation (EU) No 500/2012 of the European Parliament and of the Council

of 13 June 2012

amending Council Regulation (EC) No 302/2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean

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,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee1,
Acting in accordance with the ordinary legislative procedure2,

Whereas:

(1)

The Union is a Party to the International Convention for the Conservation of Atlantic Tunas (hereinafter ‘the Convention’).

(2)
At its 16th Special Meeting in 2008, the International Commission for the Conservation of Atlantic Tunas (hereinafter ‘ICCAT’), established by the Convention, adopted Recommendation 08-05 to establish a new recovery plan for bluefin tuna in the eastern Atlantic and in the Mediterranean, replacing the previous recovery plan adopted in 2006. In anticipation of Recommendation 08-05 becoming effective, Council Regulation (EC) No 302/2009 was adopted3.
(3)

At its 17th Special Meeting in 2010, ICCAT adopted Recommendation 10-04 amending the multiannual recovery plan for bluefin tuna. In order to rebuild the stock, Recommendation 10-04 provides for a further reduction of the total allowable catch, for the strengthening of measures to reduce the fishing capacity and for the reinforcement of the control measures, in particular concerning the transfer and the caging operations, and foresees additional advice by the Standing Committee on Research and Statistics (SCRS) in 2012 on the identification of spawning grounds and on the creation of sanctuaries.

(4)

Recommendation 10-04 is binding on the Union.

(5)
In addition, certain provisions of Regulation (EC) No 302/2009 have become obsolete and should be deleted. Other provisions should be updated in order to reflect changes in legislation, in particular those resulting from the adoption of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy4.
(6)
In order to provide for uniform conditions pertaining to transfer operations, caging operations and recording and reporting of tuna trap activities, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers5.
(7)

The term ‘Community’ used in the enacting terms of Regulation (EC) No 302/2009 should be changed in order to take into account the entry into force, on 1 December 2009, of the Treaty of Lisbon.

(8)

Recommendation 10-04 became effective on 13 August 2011. However, all Contracting Parties to the Convention, including the Union, agreed to apply those of its provisions applicable to the observer coverage, in the case of the Union to be ensured by the Member States, from 1 January 2011. Consequently, it is appropriate for the corresponding provisions of this Regulation to apply retroactively from 1 January 2011.

(9)

Regulation (EC) No 302/2009 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION: