| 62 |
2009/0116(COD)
2010/03/15
PECH
62 amendments...
Proposal for a regulation
Article 13 b (new) Article 13b Objections to delegated acts 1. The European Parliament or the Council may enter objections to a delegated act within four months of the date of notification. By initiative of the European Parliament or the Council, this period may be extended by a further two months. 2. If on the expiration of the above period neither the European Parliament nor the Council has entered objections to the delegated act, it shall enter into force on the date established in the text. Should Parliament or the Council enter objections to a delegated act, that act may not enter into force.
Proposal for a regulation
Article 14 a (new) Article 14a Review of the Regulation The Commission shall review this Regulation following the updated scientific opinions on stock size which will be submitted at the forthcoming meetings of the ICCAT and shall put forward any amendments that are necessary.
Proposal for a regulation
Article 14 a (new) Article 14a Review of the Regulation The Commission shall review this Regulation following the biennial meetings of CITES and the annual meeting of the ICCAT and propose any necessary amendments.
Proposal for a regulation
Annex II - paragraph 2 - line 7 Number of fish, total round weight, and average weight1 ____________________ 1 Weight must, if possible, be reported as live weight. If live weight is not used, specify the type of product (e.g. GG) in the 'Total Weight' and 'Average Weight' sections of the form.
Proposal for a regulation
Annex II - paragraph 2 - line 7 Number of fish, total round weight, and average weight 1 ____________________ 1 Weight must 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.
Proposal for a regulation
Annex II - paragraph 2 - line 7 Number of fish, total round weight, and average weight (if live weight cannot be indicated, product type shall be specified.)
Proposal for a regulation
Annexe II - paragraph 2 - line 8 Tag No. (if applicable(Does not affect English version.)
Proposal for a regulation
Annex II - paragraph 2 - line 11 Name of authority and signatory, title, official electronic address, signature, seal and date
Proposal for a regulation
Annex II - paragraph 3 - line 4 Point of export or departure (if offshore, specify the fishery zone where bluefin tuna were caught should also be specified )
Proposal for a regulation
Annex II - paragraph 3 - line 12 Name of authority and signatory, title, official electronic address, signature, seal and date
Proposal for a regulation
Annex II - paragraph 5 - line 11 Name of authority and signatory, title, official electronic address, signature, seal and date
Proposal for a regulation
Annex II - paragraph 6 - line 8 Estimates of number of fish, total weight, and average weight 1 ____________________ 1 Weight must, if possible, be reported as live weighte. If live weight is not used, specify the type of product (e.g. GG) in the 'Total Weight' and 'Average Weight' sections of the form.
Proposal for a regulation
Annex II - paragraph 6 - line 8 Estimates of number of fish, total weight, and average weight1 ____________________ 1 Weight must 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.
Proposal for a regulation
Annex II - paragraph 6 - line 9 ICCAT Regional Observer information
Proposal for a regulation
Annex II - paragraph 6 - line 9 ICCAT Regional Observer information.
Proposal for a regulation
Annex II - paragraph 6 - line 10 Name, titleICCAT number, signature
Proposal for a regulation
Annex II - paragraph 6 - line 10 Name, title, ICCAT number, signature
Proposal for a regulation
Annex II - paragraph 6 - line 10 Name, titleICCAT number, signature
Proposal for a regulation
Annex II - paragraph 6 - line 12 Name of authority and signatory, title, address, signature, seal and date.
Proposal for a regulation
Annex II - paragraph 7 7. Harvest from farms information Harvesting description Date of harvest Number of fish, total (round) weight, and average weight Tag numbers (if applicable) ICCAT Regional Observer information Name, title, ICCAT number, signature Estimated size composition (<8 kg, 8-30 kg, >30 kg) Government validation Name of authority and signatory, title, official electronic address, signature, seal and date
Proposal for a regulation
Annex II - paragraph 7 7. Harvest from farms information Harvesting description Date of harvest Number of fish, total (round) weight, and average weight Tag numbers (if applicable) ICCAT Regional Observer information Name, ICCAT number, signature Estimated size composition (<8 kg, 8-30 kg, >30 kg) Government validation Name of authority and signatory, title, address, signature, seal and date
Proposal for a regulation
Annexe II - paragraph 7 - line 4 Tag numbers (if applicable(Does not affect English version.)
Proposal for a regulation
Annex II - paragraph 8 - line 10 Name of authority and signatory, title, official electronic address, signature, seal and date
Proposal for a regulation
Annex III a (new) Annex III a Instructions for the issuing, numbering, completion and validation of the catch document 1. GENERAL PRINCIPLES (1) Language 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) Numbering Member States must develop unique numbering systems for catch documents using their NUTS 2-alpha country code in combination with a number consisting of at least 8 digits, of which at least two digits should indicate the year of catch. 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. 2. CATCH INFORMATION (1) Completion (a) General principles This section is applicable to all catches of bluefin tunas. The master of the catching vessel or the trap operator or their authorised representative or the authorised representative of the flag or trap Member State is responsible for the completion and the request for validation of the CATCH INFORMATION section. The CATCH INFORMATION section must be completed at the latest by the end of the first transfer into towed cages, transhipment or landing operation. NB: in the case of joint fishing operations as defined by Article 2(g) of Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean, amending Regulation (EC) No 43/2009 and repealing Regulation (EC) No1559/2007 1 , the master of each catching vessel involved in the joint fishing operation must complete a catch document for each catch. (b) Specific instructions "FLAG": indicate the flag or trap Member State. "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 type ____________________ 1 OJ L 96, 15.4.2009, p. 2 "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 the case of joint fishing operations, the quantity reported must correspond to the allocation key defined for each catching vessel. "AREA": indicate the relevant geographical area of catch as defined by Article 4.30 of Council Regulation (EC) No1224 2009 by reference to an FAO sub- area and an ICES statistical rectangle or a GFCM geographical sub-area. "TAGS No (if applicable)": additional lines may be added to allow the listing of each tag number by individual fish. (2) Validation The flag or trap Member State is responsible for the validation of the CATCH INFORMATION section unless bluefin tuna are tagged in accordance with Article 5 of this Regulation. For landed or transhipped fish, validation must take place at the latest by the end of the transhipment or landing operation. For live transferred fish, validation may take place at the time of the first transfer into towed cages, but must take place in any event at the latest by the end of the caging operation. 3. TRADE INFORMATION FOR LIVE FISH TRADE (1) Completion (a) General principles: This section is only applicable to domestic trade in or the export of live bluefin tunas. The master of the catching vessel or his authorised representative or the authorised representative of the flag Member State is responsible for the completion and the request for validation of the TRADE INFORMATION FOR LIVE FISH TRADE section. The TRADE INFORMATION FOR LIVE FISH TRADE section must be completed at the latest by the end of the first transfer into towed cages. NB: where a quantity of fish die during the transfer operation and are domestically traded or exported, the original catch document (CATCH INFORMATION section completed and, where applicable, validated) must be copied, and the TRADE INFORMATION section of the copied catch document must be completed by the master of the catching vessel or his authorised representative or the authorised representative of the flag Member State and transmitted to the domestic buyer/importer. Validation of the copy guarantees that it is a true copy and has been recorded by the authorities of the Member State concerned. Without such validation, any catch document copy will be null and void. (b) Specific instructions: "ZONE": indicate the area of transfer, Mediterranean, western Atlantic or eastern Atlantic. "POINT OF EXPORT/DEPARTURE": indicate the Member State or CPC name of the fishery zone where the bluefin tuna were transferred or indicate "high seas" otherwise. "TRANSPORTATION DESCRIPTION": attach any relevant document certifying the trade. (2) Validation The flag Member State must not validate catch documents where the CATCH INFORMATION section has not been completed and, where applicable, validated. Validation may take place at the time of the first transfer into towed cages, but must in any event take place at the latest by the end of the caging operation. 4. TRANSFER INFORMATION (1) Completion (a) General principles: This section is only applicable to live bluefin tunas. The master of the catching vessel or his authorised representative or the authorised representative of the flag Member State is responsible for the completion of the TRANSFER INFORMATION section. The TRANSFER INFORMATION section must be completed at the latest by the end of the first transfer operation. At the end of the first transfer operation, the master of the catching vessel must provide the catch document (CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE and TRANSFER INFORMATION sections completed and, where applicable, validated) to the master of the tug vessel. The completed and, where applicable, validated catch document must accompany the transfer of fish during transport to farm, including transfer of live bluefin tuna from the transport cage to another transport cage or transfer of dead bluefin tuna from the transport cage to an auxiliary vessel. NB: where some fish die during the transfer operation, the original catch document (CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE and TRANSFER INFORMATION sections completed and, where applicable, validated) must be copied, and the TRADE INFORMATION section of the copied catch document must be completed by the domestic seller/exporter or his authorised representative or the authorised representative of the flag Member State and transmitted to the domestic buyer/importer. Validation of the copy guarantees that it is a true copy and has been recorded by authorities of the Member State concerned. Without such validation, any catch document copy will be null and void. (b) Specific instructions: "No. OF FISH DEAD DURING TRANSFER" and "TOTAL WEIGHT OF DEAD FISH": information completed (if applicable) by the master of the tug vessel. "CAGE No.": indicate each number of cages in the case of a tug vessel having more than one cage. (2) Validation Validation of this section is not required. 5. TRANSHIPMENT INFORMATION (1) Completion (a) General principles: This section is only applicable to dead bluefin tunas. The master of the transhipping fishing vessel or his authorised representative or the authorised representative of the flag State is responsible for the completion and the request for validation of the TRANSHIPMENT INFORMATION section. The TRANSHIPMENT INFORMATION section must be completed at the latest by the end of the transhipment operation. (b) Specific instructions: "DATE": indicate the date of the transhipment. "PORT NAME": indicate the designated port of transhipment. "PORT STATE": indicate the Member State or CPC of the designated port of transhipment. (2) Validation The flag Member State must not validate catch documents where the CATCH INFORMATION section has not been completed and, where applicable, validated. Validation must take place at the latest by the end of the transhipment operation. 6. FARMING INFORMATION (1) Completion (a) General principles: This section is only applicable to live caged tunas. The master of the tug vessel must provide the catch document (CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE and TRANSFER INFORMATION sections completed and, where applicable, validated) to the farm operator at the time of caging. The farm operator or his authorised representative or an authorized representative of the farm Member State is responsible for the completion and the request for validation of the FARM INFORMATION section. The FARM INFORMATION section must be completed at the latest by the end of the caging operation. (b) Specific instructions: "CAGE No": indicate each number of cage. "ICCAT Regional Observer Information": indicate name, ICCAT number and signature. (2) Validation The farm Member State is responsible for the validation of the FARM INFORMATION section. The farm Member State must not validate catch documents where the CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE and TRANSFER INFORMATION sections have not been completed and, where applicable, validated. Validation must take place at the latest by the end of the caging operation. 7. HARVESTING INFORMATION (1) Completion (a) General principles: This section is only applicable to dead farmed tunas. The farm operator or his authorised representative or an authorized representative of the farm Member State is responsible for the completion and the request for validation of the HARVEST FROM FARM INFORMATION section. The HARVESTING INFORMATION section must be completed at the latest by the end of the harvesting operation. (b) Specific instructions: "TAGS No (if applicable)": additional lines may be added to allow the listing of each tag number by individual fish. "ICCAT Regional Observer Information": indicate name, ICCAT number and signature. (2) Validation The farm Member State is responsible for the validation of the HARVESTING INFORMATION section. The farm Member State must not validate catch documents where the CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE, TRANSFER INFORMATION and FARMING INFORMATION sections have not been completed and, where applicable, validated. Validation must take place at the latest by the end of the harvesting operation. 8. TRADE INFORMATION (1) Completion (a) General principles: This section is applicable to domestic trade or export of dead bluefin tunas. The domestic seller or exporter or their authorised representative or an authorized representative of the Member State of the seller/exporter is responsible for the completion and the request for validation of the TRADE INFORMATION section, except the IMPORTER/BUYER subsection. The TRADE INFORMATION section, except the IMPORTER/BUYER subsection, must be completed prior to the fish being domestically traded or exported. In the case of domestic trade, the IMPORTER/BUYER subsection must be completed by the domestic buyer after the fish have been domestically traded. In the case of international trade, the IMPORTER/BUYER subsection must be completed by the importer. (b) Specific instructions: "TRANSPORTATION DESCRIPTION": attach any relevant document certifying the trade. (2) Validation The Member State of the seller/exporter is responsible for the validation of the TRADE INFORMATION (except the IMPORTER/BUYER subsection) section unless bluefin tuna are tagged in accordance with Article 5 of this Regulation. NB: 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 Member State 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 the authorities of the Member State concerned. Without such validation, any catch document copy will be null and void. 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 is caught by a catching vessel or trap flagged or established in a Member State or CPC 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. After import, a bluefin tuna may be divided into several pieces, which then may be subsequently exported. In such a case, the re-exporting Member State or CPC must confirm that the re-exported piece is part of the original fish accompanied by the catch document.
Proposal for a regulation
Annex III a (new) ANNEX IIIa Instructions for the issuing, numbering, completion and validation of the catch document 1. GENERAL PRINCIPLES 1) Language 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) Numbering Member States 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. 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)Validation The bluefin tuna catch document model shall not be a substitute for the prior transfer authorisation nor the caging authorisation. 2. CATCH NFORMATION 1) Completion a) General principles This section is applicable to all catches of bluefin tunas. The master of the catching vessel or the trap operator or their authorised representative or the authorised representative of the flag or trap Member State is responsible for the completion and the request for validation of the CATCH INFORMATION section. The CATCH INFORMATION section must be completed at the latest by the end of the first transfer into towed cages, transhipment or landing operation. NB: in the case of joint fishing operations as defined by Article 2(g) of Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean, amending Regulation (EC) No 43/2009 and repealing Regulation (EC) No1559/2007 1, the master of each catching vessel involved in the joint fishing operation must complete a catch document for each catch. b) Specific instructions "FLAG": indicate the flag or trap Member State. "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 TRO Troll UNCL Unspecified methods OT Other ____________________ OJ L 96, 15.4.2009, p. 1. "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 the 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. 2) Validation The flag or trap Member State is responsible for the validation of the CATCH INFORMATION section unless bluefin tuna are tagged in accordance with Article 5 of this Regulation. For landed or transhipped fish, validation must take place at the latest by the end of the transhipment or landing operation. For live transferred fish, validation may take place at the time of the first transfer into towed cages, but must take place in any event at the latest by the end of the caging operation. 3. TRADE INFORMATION FOR LIVE FISH TRADE 1) Completion a) General principles: This section is only applicable to domestic trade in or the export of live bluefin tunas. The master of the catching vessel or his authorised representative or the authorised representative of the flag Member State is responsible for the completion and the request for validation of the TRADE INFORMATION FOR LIVE FISH TRADE section. The TRADE INFORMATION FOR LIVE FISH TRADE section must be completed at the latest by the end of the first transfer into towed cages. NB: where a quantity of fish die during the transfer operation and are domestically traded or exported, the original catch document (CATCH INFORMATION section completed and, where applicable, validated) must be copied, and the TRADE INFORMATION section of the copied catch document must be completed by the master of the catching vessel or his authorised representative or the authorised representative of the flag Member State and transmitted to the domestic buyer/importer. Validation of the copy guarantees that it is a true copy and has been recorded by authorities of the Member State concerned. Without such validation, any catch document copy will be null and void. b) Specific instructions: "ZONE": indicate the area of transfer, Mediterranean, western Atlantic or eastern Atlantic. "POINT OF EXPORT/DEPARTURE": indicate the Member State or CPC name of the fishery zone where the bluefin tuna were transferred or indicate "high seas" otherwise. "TRANSPORTATION DESCRIPTION": attach any relevant document certifying the trade. 2) Validation The flag Member State must not validate catch documents where the CATCH INFORMATION section has not been completed and, where applicable, validated. Validation may take place at the time of the first transfer into towed cages, but must in any event take place at the latest by the end of the caging operation. 4. TRANSFER INFORMATION 1) Completion a) General principles: This section is only applicable to live bluefin tunas. The master of the catching vessel or his authorised representative or the authorised representative of the flag Member State is responsible for the completion of the TRANSFER INFORMATION section. The TRANSFER INFORMATION section must be completed at the latest by the end of the first transfer operation. At the end of the first transfer operation, the master of the catching vessel must provide the catch document (CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE and TRANSFER INFORMATION sections completed and, where applicable, validated) to the master of the tug vessel. The completed and, where applicable, validated catch document must accompany the transfer of fish during transport to farm, including transfer of live bluefin tuna from the transport cage to another transport cage or transfer of dead bluefin tuna from the transport cage to an auxiliary vessel. NB: where some fish die during the transfer operation, the original catch document (CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE and TRANSFER INFORMATION sections completed and, where applicable, validated) must be copied, and the TRADE INFORMATION section of the copied catch document must be completed by the domestic seller/exporter or his authorised representative or the authorised representative of the flag Member State and transmitted to the domestic buyer/importer. Validation of the copy guarantees that it is a true copy and has been recorded by authorities of the Member State concerned. Without such validation, any catch document copy will be null and void. b) Specific instructions: OF FISH DEAD DURING TRANSFER" and "TOTAL WEIGHT OF DEAD FISH": information completed (if applicable) by the master of the tug vessel. "CAGE No": indicate each number of cages in the case of a tug vessel having more than one cage. 2) Validation Validation of this section is not required. 5. TRANSHIPMENT INFORMATION 1) Completion a) General principles: This section is only applicable to dead bluefin tunas. The master of the transhipping fishing vessel or his authorised representative or the authorised representative of the flag State is responsible for the completion and the request for validation of the TRANSHIPMENT INFORMATION section. The TRANSHIPMENT INFORMATION section must be completed at the latest by the end of the transhipment operation. b) Specific instructions: "DATE": indicate the date of the transhipment. "PORT NAME": indicate the designated port of transhipment. "PORT STATE": indicate the Member State or CPC of the designated port of transhipment. 2) Validation The flag Member State must not validate catch documents where the CATCH INFORMATION section has not been completed and, where applicable, validated. Validation must take place at the latest by the end of the transhipment operation. 6. FARMING INFORMATION 1) Completion a) General principles: This section is only applicable to live caged tunas. The master of the tug vessel must provide the catch document (CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE and TRANSFER INFORMATION sections completed and, where applicable, validated) to the farm operator at the time of caging. The farm operator or his authorised representative or an authorized representative of the farm Member State is responsible for the completion and the request for validation of the FARM INFORMATION section. The FARM INFORMATION section must be completed at the latest by the end of the caging operation. b) Specific instructions: "CAGE No": indicate each number of cage. "ICCAT Regional Observer Information": indicate name, ICCAT number and signature. 2) Validation The farm Member State is responsible for the validation of the FARM INFORMATION section. The farm Member State must not validate catch documents where the CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE and TRANSFER INFORMATION sections have not been completed and, where applicable, validated. Validation shall take place at the latest by the end of the caging operation. 7. HARVESTING INFORMATION 1) Completion a) General principles: This section is only applicable to dead farmed tunas. The farm operator or his authorised representative or an authorized representative of the farm Member State is responsible for the completion and the request for validation of the HARVEST FROM FARM INFORMATION section. The HARVESTING INFORMATION section must be completed at the latest by the end of the harvesting operation. b) Specific instructions: "TAGS No (if applicable)": additional lines may be added to allow the listing of each tag number by individual fish. "ICCAT Regional Observer Information": indicate name, ICCAT number and signature. 2) Validation The farm Member State is responsible for the validation of the HARVESTING INFORMATION section. The farm Member State must not validate catch documents where the CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE, TRANSFER INFORMATION and FARMING INFORMATION sections have not been completed and, where applicable, validated. Validation must take place at the latest by the end of the harvesting operation. 8. TRADE INFORMATION 1) Completion a) General principles: This section is applicable to domestic trade or export of dead bluefin tunas. The domestic seller or exporter or their authorised representative or an authorized representative of the Member State of the seller/exporter is responsible for the completion and the request for validation of the TRADE INFORMATION section, except the IMPORTER/BUYER subsection. The TRADE INFORMATION section, except the IMPORTER/BUYER subsection, must be completed prior to the fish being domestically traded or exported. In the case of domestic trade, the IMPORTER/BUYER subsection must be completed by the domestic buyer after the fish have been domestically traded. In the case of international trade, the IMPORTER/BUYER subsection must be completed by the importer. b) Specific instructions: "TRANSPORTATION DESCRIPTION": attach any relevant document certifying the trade. 2) Validation The Member State of the seller/exporter is responsible for the validation of the TRADE INFORMATION (except the IMPORTER/BUYER subsection) section unless bluefin tuna are tagged in accordance with Article 5 of this Regulation. 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 Member State 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 authorities of the Member State concerned. Without such validation, any catch document copy will be null and void. 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 is caught by a catching vessel or trap flagged or established in a Member State or CPC 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. After import, a bluefin tuna may be divided into several pieces, which then may be subsequently exported. In such a case, the re-exporting Member State or CPC must confirm that the re-exported piece is part of the original fish accompanied by the catch document.
Proposal for a regulation
Annex III a (new) Annex III a Instructions for the issuing, numbering, completion and validation of the catch document 1. GENERAL PRINCIPLES (1) Language 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) Numbering Member States must develop unique numbering systems for catch documents using their NUTS 2-alpha country code in combination with a number consisting of at least 8 digits, of which at least two digits should indicate the year of catch. 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. 2. CATCH INFORMATION (1) Completion (a) General principles This section is applicable to all catches of bluefin tunas. The master of the catching vessel or the trap operator or their authorised representative or the authorised representative of the flag or trap Member State is responsible for the completion and the request for validation of the CATCH INFORMATION section. The CATCH INFORMATION section must be completed at the latest by the end of the first transfer into towed cages, transhipment or landing operation. NB: in the case of joint fishing operations as defined by Article 2(g) of Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean, amending Regulation (EC) No 43/2009 and repealing Regulation (EC) No 1559/2007 1 , the master of each catching vessel involved in the joint fishing operation must complete a catch document for each catch. (b) Specific instructions "FLAG": indicate the flag or trap Member State. "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 type 1 OJ L 96, 15.4.2009, p. 2 "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 the case of joint fishing operations, the quantity reported must correspond to the allocation key defined for each catching vessel. "AREA": 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. (2) Validation The flag or trap Member State is responsible for the validation of the CATCH INFORMATION section unless bluefin tuna are tagged in accordance with Article 5 of this Regulation. For landed or transhipped fish, validation must take place at the latest by the end of the transhipment or landing operation. For live transferred fish, validation may take place at the time of the first transfer into towed cages, but must take place in any event at the latest by the end of the caging operation. 3. TRADE INFORMATION FOR LIVE FISH TRADE (1) Completion (a) General principles: This section is only applicable to domestic trade in or the export of live bluefin tunas. The master of the catching vessel or his authorised representative or the authorised representative of the flag Member State is responsible for the completion and the request for validation of the TRADE INFORMATION FOR LIVE FISH TRADE section. The TRADE INFORMATION FOR LIVE FISH TRADE section must be completed at the latest by the end of the first transfer into towed cages. NB: where a quantity of fish die during the transfer operation and are domestically traded or exported, the original catch document (CATCH INFORMATION section completed and, where applicable, validated) must be copied, and the TRADE INFORMATION section of the copied catch document must be completed by the master of the catching vessel or his authorised representative or the authorised representative of the flag Member State and transmitted to the domestic buyer/importer. Validation of the copy guarantees that it is a true copy and has been recorded by the authorities of the Member State concerned. Without such validation, any catch document copy will be null and void. (b) Specific instructions: "ZONE": indicate the area of transfer, Mediterranean, western Atlantic or eastern Atlantic. "POINT OF EXPORT/DEPARTURE": indicate the Member State or CPC name of the fishery zone where the bluefin tuna were transferred or indicate "high seas" otherwise. "TRANSPORTATION DESCRIPTION": attach any relevant document certifying the trade. (2) Validation The flag Member State must not validate catch documents where the CATCH INFORMATION section has not been completed and, where applicable, validated. Validation may take place at the time of the first transfer into towed cages, but must in any event take place at the latest by the end of the caging operation. 4. TRANSFER INFORMATION (1) Completion (a) General principles: This section is only applicable to live bluefin tunas. The master of the catching vessel or his authorised representative or the authorised representative of the flag Member State is responsible for the completion of the TRANSFER INFORMATION section. The TRANSFER INFORMATION section must be completed at the latest by the end of the first transfer operation. At the end of the first transfer operation, the master of the catching vessel must provide the catch document (CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE and TRANSFER INFORMATION sections completed and, where applicable, validated) to the master of the tug vessel. The completed and, where applicable, validated catch document must accompany the transfer of fish during transport to farm, including transfer of live bluefin tuna from the transport cage to another transport cage or transfer of dead bluefin tuna from the transport cage to an auxiliary vessel. NB: where some fish die during the transfer operation, the original catch document (CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE and TRANSFER INFORMATION sections completed and, where applicable, validated) must be copied, and the TRADE INFORMATION section of the copied catch document must be completed by the domestic seller/exporter or his authorised representative or the authorised representative of the flag Member State and transmitted to the domestic buyer/importer. Validation of the copy guarantees that it is a true copy and has been recorded by authorities of the Member State concerned. Without such validation, any catch document copy will be null and void. (b) Specific instructions: "No. OF FISH DEAD DURING TRANSFER" and "TOTAL WEIGHT OF DEAD FISH": information completed (if applicable) by the master of the tug vessel. "CAGE No.": indicate each number of cages in the case of a tug vessel having more than one cage. (2) Validation Validation of this section is not required. 5. TRANSHIPMENT INFORMATION (1) Completion (a) General principles: This section is only applicable to dead bluefin tunas. The master of the transhipping fishing vessel or his authorised representative or the authorised representative of the flag State is responsible for the completion and the request for validation of the TRANSHIPMENT INFORMATION section. The TRANSHIPMENT INFORMATION section must be completed at the latest by the end of the transhipment operation. (b) Specific instructions: "DATE": indicate the date of the transhipment. "PORT NAME": indicate the designated port of transhipment. "PORT STATE": indicate the Member State or CPC of the designated port of transhipment. (2) Validation The flag Member State must not validate catch documents where the CATCH INFORMATION section has not been completed and, where applicable, validated. Validation must take place at the latest by the end of the transhipment operation. 6. FARMING INFORMATION (1) Completion (a) General principles: This section is only applicable to live caged tunas. The master of the tug vessel must provide the catch document (CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE and TRANSFER INFORMATION sections completed and, where applicable, validated) to the farm operator at the time of caging. The farm operator or his authorised representative or an authorized representative of the farm Member State is responsible for the completion and the request for validation of the FARM INFORMATION section. The FARM INFORMATION section must be completed at the latest by the end of the caging operation. (b) Specific instructions: "CAGE No": indicate each number of cage. "ICCAT Regional Observer Information": indicate name, ICCAT number and signature. (2) Validation The farm Member State is responsible for the validation of the FARM INFORMATION section. The farm Member State must not validate catch documents where the CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE and TRANSFER INFORMATION sections have not been completed and, where applicable, validated. Validation shall take place at the latest by the end of the caging operation. 7. HARVESTING INFORMATION (1) Completion (a) General principles: This section is only applicable to dead farmed tunas. The farm operator or his authorised representative or an authorized representative of the farm Member State is responsible for the completion and the request for validation of the HARVEST FROM FARM INFORMATION section. The HARVESTING INFORMATION section must be completed at the latest by the end of the harvesting operation. (b) Specific instructions: "TAGS No (if applicable)": additional lines may be added to allow the listing of each tag number by individual fish. "ICCAT Regional Observer Information": indicate name, ICCAT number and signature. (2) Validation The farm Member State is responsible for the validation of the HARVESTING INFORMATION section. The farm Member State must not validate catch documents where the CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE, TRANSFER INFORMATION and FARMING INFORMATION sections have not been completed and, where applicable, validated. Validation must take place at the latest by the end of the harvesting operation. 8. TRADE INFORMATION (1) Completion (a) General principles: This section is applicable to domestic trade or export of dead bluefin tunas. The domestic seller or exporter or their authorised representative or an authorized representative of the Member State of the seller/exporter is responsible for the completion and the request for validation of the TRADE INFORMATION section, except the IMPORTER/BUYER subsection. The TRADE INFORMATION section, except the IMPORTER/BUYER subsection, must be completed prior to the fish being domestically traded or exported. In the case of domestic trade, the IMPORTER/BUYER subsection must be completed by the domestic buyer after the fish have been domestically traded. In the case of international trade, the IMPORTER/BUYER subsection must be completed by the importer. (b) Specific instructions: "TRANSPORTATION DESCRIPTION": attach any relevant document certifying the trade. (2) Validation The Member State of the seller/exporter is responsible for the validation of the TRADE INFORMATION (except the IMPORTER/BUYER subsection) section unless bluefin tuna are tagged in accordance with Article 5 of this Regulation. 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 Member State 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 the authorities of the Member State concerned. Without such validation, any catch document copy will be null and void. 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 is caught by a catching vessel or trap flagged or established in a Member State or CPC 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. After import, a bluefin tuna may be divided into several pieces, which then may be subsequently exported. In such a case, the re-exporting Member State or CPC must confirm that the re-exported piece is part of the original fish accompanied by the catch document.
Proposal for a regulation
Citation 1 Having regard to the Treaty establishingon the Functioning of the European Community,Union and in particular Article 37s 43(2) and 294 thereof,
Proposal for a regulation
Recital 4 (4) As part of the measures to regulate stocks of bluefin tuna, improve the quality and reliability of statistical data and in order to prevent, deter and eliminate illegal fishing, the ICCAT has adopted at its annual meeting in Marrakesh (MoroccoRecife (Brazil), on 2415 November 20089, the Recommendation 089-121 amending Recommendation 078-102 on an ICCAT bluefin tuna catch documentation programme. Since this Recommendation will enter into force on 17 June 20109, it needs to be implemented by the Community.
Proposal for a regulation
Recital 4 (4) As part of the measures to regulate stocks of bluefin tuna, improve the quality and reliability of statistical data and in order to prevent, deter and eliminate illegal fishing, the ICCAT has adopted at its annual meeting in Marrakesh (Morocco), on 24 November 2008, the Recommendation 08-12 amending Recommendation 07-10 on an ICCAT bluefin tuna catch documentation programme. Since this, whose entry into force was set for 17 June 2009. Subsequently, at its annual meeting held in Recife (Brazil) from 9 to 15 November 2009, ICCAT adopted Recommendation 09-11 amending Recommendation 08-12 on the ICCAT bluefin tuna catch documentation programme. Since that Recommendation will enter into force on 17 June 20109, it needs to be implemented by the CommunityEuropean Union.
Proposal for a regulation
Recital 4 a (new) (4a) Should it be decided to include bluefin tuna in Appendix I at the Conference of the Parties to CITES due to meet in Doha on 13-25 March, provision should be made to grant a derogation for traditional fishing and authorisation only to long-line fishing below 24 metres, and traps; furthermore, the Commission must have at its disposal compensatory resources additional to those earmarked in the European Fisheries Fund (EFF).
Proposal for a regulation
Recital 5 a (new) (5a) 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.
Proposal for a regulation
Article 1 This Regulation establishes a Community 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.
Proposal for a regulation
Article 2 - point b - point ii (ii) trade ofwithin a Member State or between two or more Member States in farmed bluefin tuna originating from bluefin tuna caught in the ICCAT Convention area by a Community catching vessel which is flagged to the same Member State where the farm iand caged by means established, where the bluefin tuna is then supplied to any entity in that Member Stateithin the territory of the Community, and
Proposal for a regulation
Article 2 - point b - point ii (ii) trade of farmed bluefin tuna products originating from bluefin tuna caught in the ICCAT Convention area by a Community catching vessel which is flagged to the same Member State where the farm is established, where the bluefin tuna is then supplied to any entity in that Member State, and
Proposal for a regulation
Article 2 - point b - point iii (iii) trade between EU Member States of bluefin tuna caught in the ICCAT Convention area by Community catching vessels flagged in one Member State or by a trap established in one Member State.
Proposal for a regulation
Article 2 - point c (c) "Export": means any movement to a third country of bluefin tuna caught or processed (including farming) in the ICCAT Convention area by a Community catching vessel or trap, including from the territory of the CommunityUnion, from third countries or from fishing grounds;
Proposal for a regulation
Article 2 - point d (d) "Import": means the introduction into the territory of the Community, including for caging, fattening, farming or transhipment purposes, of bluefin tuna caught or processed (including farming) in the ICCAT Convention area by a third country catching vessel or trap;
Proposal for a regulation
Article 2 - point e (e) "Re-export": means any movement from the territory of the Community of bluefin tuna in caught or processed form (including farming) which had been previously imported into the territory of the Community;
Proposal for a regulation
Article 3 - paragraph 1 1. Member States shall require a completed bluefin tuna catch document (hereinafter referred to as "catch document") for each bluefin tuna landed or transhipped at its ports, delivered to, and harvested from its farms.
Proposal for a regulation
Article 3 - paragraph 2 - subparagraph 2 Any such landing, transfer, delivery, harvest, domestic trade, import, export or re-export of bluefin tuna without a completed and validated catch document orand, where applicable, in addition a re- export certificate shall be prohibited.
Proposal for a regulation
Article 3 - paragraph 3 c (new) 3c. Farm Member States shall ensure that bluefin tuna are harvested from farms in the year in which they were caught, or before the beginning of the purse seiners fishing season if harvested in the following year. Where harvesting operations are not completed within that period, farm Member States shall complete and transmit an annual carry- over declaration to the Commission within 10 days of the end of that period. Such declaration shall include: - quantities (expressed in kg) and number of fish intended to be carried over, - year of catch, - size composition, - flag Member State or CPC, ICCAT number and name of the catching vessel, - references of the catch document corresponding to the catches carried over, - name and ICCAT number of the fattening facility, - cage number, and - information on harvested quantities (expressed in kg), when completed. The Commission shall forward the declarations to the ICCAT Secretariat within 5 days.
Proposal for a regulation
Article 4 - paragraph 3 3. Validation under paragraph 2(a) shall not be required in the event that all bluefin tuna available for sale are tagged, as referred to in Article 5, by the flag or trap Member State that fished the bluefin tuna.(Does not affect English version.)
Proposal for a regulation
Article 4 - paragraph 4 4. Where the bluefin tuna quantities caught and landed are less than 1 ton or three fish, the fishing logbook or the sales note may be used as a temporary catch document, pending the validation of the catch document within seven days and prior to domestic trade or export.
Proposal for a regulation
Article 5 - paragraph 1 1. Member States may require their catching vessels or traps to affix a tag to each bluefin tuna, preferably at the time of kill, but not later than at the time of landing. Tags shall have unique Member State specific numbers and be tamper- proof. The tag numbers shall be linked to the catch document.(Does not affect English version.)
Proposal for a regulation
Article 5 - paragraph 2 2. A summary of implementation of the tagging programme shall be submitted to the Commission by the concerned Member States.(Does not affect English version.)
Proposal for a regulation
Article 5 - paragraph 2 2. A summary of implementation of the tagging programme shall be submitted to the Commission by the concerned Member States. The Commission shall forward the summaries to the ICCAT Secretariat without delay.
Proposal for a regulation
Article 5 - paragraph 3 3. The use of tags shall only be authorised when the accumulated catch amounts are within their quotas or catch limits of each management year, including, where appropriate, individual quotas allocated to vessels or traps.(Does not affect English version.)
Proposal for a regulation
Article 8 - paragraph 2 a (new) 2a. Each portion of the separate cargoes or processed product shall be accompanied by copies of the catch documents, using the single catch document number to identify them.
Proposal for a regulation
Article 10 - paragraph 1 1. Member States shall notify to the Commission their authorities responsible for validating and verifying catch documents or re-export certificates, in particular name and full address and, where appropriate, name and title of the validating officials who are individually empowered, sample form of document, sample impression of stamp or seal, and, as appropriate, tag samples.(Does not affect English version.)
Proposal for a regulation
Article 12 - paragraph 1 The Annexes may be amended by the Commission in accordance with the procedure laid downIn order to apply the conservation measures adopted by ICCAT, to which the Union is a contracting party, the Commission may amend, by means of delegated acts in accordance with Article 12a and subject to the conditions set out in Articles 132b and 12c, the annexes to this Regulation.
Proposal for a regulation
Article 12 - paragraph 1 The Annexes may be amended by the Commission in accordance with the procedure laid down inby means of delegated acts pursuant to Articles 13, 13a and 13b. Or. es (See amendments by Antolín Sánchez Presedo to Articles 13. , 13a and 13b)
Proposal for a regulation
Article 12 - paragraph 2 TWhen amendments shall concern the conservation measures adopted by ICCAT in which the Community is a contracting partydopting such delegated acts, the Commission shall act in accordance with the provisions of this Regulation.
Proposal for a regulation
Article 12 - paragraph 2 The amendments shall concern exclusively the annexes to the conservation measures adopted by ICCAT in which the CommunityEuropean Union is a contracting party, and shall, therefore, not include amendments to the conservation measures themselves.
Proposal for a regulation
Article 12 a (new) Article 12a Exercise of the delegation 1. The powers to adopt delegated acts referred to in Article 12 shall be conferred on the Commission for a period of 5 years following the entry into force of this Regulation. The Commission shall make a report in respect of the delegated powers at the latest 6 months before the end of the 5 year period. The delegation of powers shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 12b. 2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 3. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 12b and 12c.
Proposal for a regulation
Article 12 b (new) Article 12b Revocation of the delegation 1. The delegation of powers referred to in Article 12 may be revoked at any time by the European Parliament or by the Council. 2.The institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation. 3. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.
Proposal for a regulation
Article 12 c (new) Article 12c Objections to delegated acts 1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by two months. 2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein. 3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
Proposal for a regulation
Article 13 - title Committee procedure Delegated acts
Proposal for a regulation
Article 13 - paragraph 2 2. WherePower to adopt the delegated acts referrence is made to this paragraph, Articles 4 and 7 of Decd to in Article 12 shall be conferred on the Commission 1999/468/EC shall applyfor an indefinite time.
Proposal for a regulation
Article 13 - paragraph 2 a (new) 2a. As soon as the Commission has adopted a delegated act, it shall simultaneously notify both the European Parliament and the Council.
Proposal for a regulation
Article 13 - paragraph 2b (new) 2b. The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in Articles 13a and 13b. Or. es (See amendments by Antolín Sánchez Presedo to Articles 13a and 13b)
Proposal for a regulation
Article 13 - paragraph 3 3. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.deleted
Proposal for a regulation
Article 13 a (new) Article 13a Revocation of delegation 1. The delegation of powers referred to in Article 12 may be revoked by the European Parliament and the Council. 2. The institution which initiates an internal procedure in order to decide whether or not to revoke the delegation of powers shall inform the other institution and the Commission. 3. The decision to revoke shall put an end to the delegation of powers referred to in the decision. It shall have either immediate effect or effect from a later date specified in the decision. It shall not affect the validity of any delegated acts already in force. It shall be published in the Official Journal of the European Union.
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