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Regulation (EU) 2016/1627 of the European Parliament and of the Council of 14 September 2016 on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean, and repealing Council Regulation (EC) No 302/2009

EU Regulation 2016/1627 · Adopted 14 September 2016 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Regulation (EU) 2016/1627 of the European Parliament and of the Council

of 14 September 2016

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

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 Committeef1,

Acting in accordance with the ordinary legislative proceduref2,

Whereas:

(1)

The objective of the common fisheries policy (CFP), as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Councilf3, is to ensure an exploitation of living aquatic resources that provides sustainable economic, environmental and social conditions.

(2)

The Union is Party to the International Convention for the Conservation of Atlantic Tunasf4 (‘the Convention’).

(3)

At its 15th special meeting in 2006, the International Commission for the Conservation of Atlantic Tunas (‘ICCAT’), established by the Convention, adopted Recommendation 06-05 establishing a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean ending in 2022 (‘the recovery plan’). That Recommendation entered into force on 13 June 2007.

(4)

The recovery plan takes into account the specificities of the different types of gear and fishing techniques. When implementing the recovery plan, the Union and Member States should endeavour to promote coastal fishing activities and the use of fishing gear and techniques which are selective and have a reduced environmental impact, including gear and techniques used in traditional and artisanal fisheries, thereby contributing to a fair standard of living for local economies.

(5)

ICCAT Recommendation 06-05 was implemented into Union law by Council Regulation (EC) No 1559/2007f5.

(6)

At its 16th special meeting in 2008, ICCAT adopted Recommendation 08-05 amending Recommendation 06-05. In order to rebuild the stock of bluefin tuna, Recommendation 08-05 provided for a gradual reduction in the total allowable catch level from 2007 to 2011, restrictions on fishing within certain areas and time periods, a new minimum size for bluefin tuna, measures concerning sport and recreational fishing activities, farming and fishing capacity measures, as well as reinforcing the ICCAT Scheme of Joint International Inspection.

(7)

ICCAT Recommendation 08-05 was implemented into Union law by Council Regulation (EC) No 302/2009f6.

(8)

At its 17th special meeting in 2010, ICCAT adopted Recommendation 10-04 amending Recommendation 08-05. In order to rebuild the stock of bluefin tuna, Recommendation 10-04 established a further reduction of the total allowable catch and the fishing capacity and it reinforced the control measures, in particular those concerning transfer and caging operations. It also provided for additional advice by the Standing Committee on Research and Statistics of ICCAT (‘SCRS’) in 2012 on the identification of spawning grounds and on the creation of sanctuaries.

(9)

In order to implement the revised international conservation measures set out in Recommendation 10-04 into Union law, Regulation (EC) No 302/2009 was amended by Regulation (EU) No 500/2012 of the European Parliament and of the Councilf7.

(10)

At its 18th special meeting in 2012, ICCAT adopted Recommendation 12-03 amending Recommendation 10-04. In order to strengthen the effectiveness of the recovery plan, Recommendation 12-03 set up technical measures concerning the transfer and caging operations of live bluefin tuna, new catch reporting requirements, the implementation of the ICCAT regional observer programme and changes of the fishing seasons. Furthermore, it reinforced the role of the SCRS with regard to the assessment of bluefin tuna stock.

(11)

At its 23rd regular meeting in 2013, ICCAT adopted Recommendation 13-07 amending Recommendation 12-03 by introducing small changes on fishing seasons which do not affect the Union fleet. Furthermore, Recommendation 13-08 was adopted which complements the recovery plan. Recommendation 13-08 set up a common procedure for the use of stereoscopical camera systems to estimate the quantities of bluefin tuna at the point of caging and introduced a flexible starting date for the fishing season of baitboats and trolling boats in the eastern Atlantic.

(12)

In order to implement essential measures, such as those on fishing seasons, of Recommendations 12-03 and 13-08 into Union law, Regulation (EC) No 302/2009 was further amended by Regulation (EU) No 544/2014 of the European Parliament and of the Councilf8.

(13)

At its 19th special meeting in 2014, ICCAT adopted Recommendation 14-04 amending Recommendation 13-07 and repealing Recommendation 13-08. Whilst some of the existing control provisions were rationalised, the procedures for the use of stereoscopic camera at the point of caging were further specified and measures specific to release operations and the treatment of dead fish were introduced in the recovery plan.

(14)

Recommendation 14-04 is binding on the Union.

(15)

All the amendments to the recovery plan adopted by ICCAT in 2012, 2013 and 2014, which have not yet been subject to implementation, should be implemented into Union law. As that implementation concerns the recovery plan whose objectives and measures were defined by ICCAT, this Regulation does not cover all the content of multiannual plans as set out in Articles 9 and 10 of Regulation (EU) No 1380/2013.

(16)

Regulation (EU) No 1380/2013 establishes the concept of minimum conservation reference sizes. In order to ensure consistency, the ICCAT concept of minimum sizes should be transposed into Union law as minimum conservation reference sizes. Consequently, the references in Commission Delegated Regulation (EU) 2015/98f9 to minimum sizes of bluefin tuna should be read as references to minimum conservation reference sizes in this Regulation.

(17)

In order to ensure uniform conditions for the implementation of the provisions of this Regulation relating to transfer operations, caging operations and recording and reporting of trap and vessel 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 Councilf10.

(18)

Certain provisions of Regulation (EC) No 302/2009 have become obsolete, in particular since they are now covered by other Union acts. Other provisions should be updated in order to reflect changes in legislation, in particular those resulting from the adoption of Regulation (EU) No 1380/2013.

(19)

In particular, Council Regulation (EC) No 1224/2009f11 establishes a Union system for control, inspection and enforcement with a global and integrated approach so as to ensure compliance with all the rules of the CFP, and Commission Implementing Regulation (EU) No 404/2011f12 lays down detailed rules for the implementation of Regulation (EC) No 1224/2009. Council Regulation (EC) No 1005/2008f13 establishes a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing. Those acts now cover some matters governed by Regulation (EC) No 302/2009 and, in particular, Article 33 thereof on enforcement measures and Annex VIII on vessel monitoring system (VMS) transmission. It is therefore not necessary to include those provisions in this Regulation.

(20)

In accordance with Implementing Regulation (EU) No 404/2011, the conversion factors adopted by the SCRS apply to calculate the equivalent round weight of processed bluefin tuna, including for the purpose of this Regulation.

(21)

Moreover, in accordance with Article 95 of Regulation (EC) No 1224/2009, Commission Implementing Decision 2014/156/EUf14 has been adopted. That Implementing Decision establishes, inter alia, target benchmarks and objectives for the control of the bluefin tuna fishery in the eastern Atlantic and the Mediterranean.

(22)

ICCAT Recommendation 06-07 set up a sampling programme for the estimation of the number-at-size in the context of bluefin tuna farming activities. That provision was implemented by Article 10 of Regulation (EC) No 302/2009. It is not necessary that this Regulation specifically provides for the sampling programme, as the needs of that sampling programme are now fully covered by the programmes set up by paragraph 83 of Recommendation 14-04, which is to be implemented by this Regulation.

(23)

For reasons of clarity, simplification and legal certainty, Regulation (EC) No 302/2009 should therefore be repealed.

(24)

For the purpose of the Union's compliance with its international obligations under the Convention, Delegated Regulation (EU) 2015/98 provides for derogations from the landing obligation for bluefin tuna set out in Article 15 of Regulation (EU) No 1380/2013. Delegated Regulation (EU) 2015/98 implements certain provisions of ICCAT Recommendation 13-07 that establish a discard and release obligation for vessels and traps catching bluefin tuna in the eastern Atlantic and the Mediterranean in certain cases. This Regulation therefore does not need to cover such discard and release obligations and will consequently be without prejudice to the corresponding provisions of Delegated Regulation (EU) 2015/98,

HAVE ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ C 383, 17.11.2015, p. 100.

f2

Position of the European Parliament of 23 June 2016 (not yet published in the Official Journal) and decision of the Council of 18 July 2016.

f3

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

f4

International Convention for the Conservation of Atlantic Tunas (OJ L 162, 18.6.1986, p. 34).

f5

Council Regulation (EC) No 1559/2007 of 17 December 2007 establishing a multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean and amending Regulation (EC) No 520/2007 (OJ L 340, 22.12.2007, p. 8).

f6

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 (OJ L 96, 15.4.2009, p. 1).

f7

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 (OJ L 157, 16.6.2012, p. 1).

f8

Regulation (EU) No 544/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 302/2009 concerning a multiannual recovery plan for Bluefin tuna in the eastern Atlantic and Mediterranean (OJ L 163, 29.5.2014, p. 7).

f9

Commission Delegated Regulation (EU) 2015/98 of 18 November 2014 on the implementation of the Union's international obligations, as referred to in Article 15(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council, under the International Convention for the Conservation of Atlantic Tunas and the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (OJ L 16, 23.1.2015, p. 23).

f10

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 powers (OJ L 55, 28.2.2011, p. 13).

f11

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

f12

Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1).

f13

Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

f14

Commission Implementing Decision 2014/156/EU of 19 March 2014 establishing a specific control and inspection programme for fisheries exploiting stocks of bluefin tuna in the Eastern Atlantic and the Mediterranean, swordfish in the Mediterranean and for fisheries exploiting stocks of sardine and anchovy in the Northern Adriatic Sea (OJ L 85, 21.3.2014, p. 15).

Contents

  1. Chapter I: GENERAL PROVISIONS
  2. 1Subject matter and scope
  3. 2Objective Repealed
  4. 3Definitions
  5. 3AGeneral prohibitions: UK boats, bluefin tuna traps and farming
  6. 3BICCAT / UK bluefin tuna research programmes
  7. 4Length of vessels
  8. Chapter II: MANAGEMENT MEASURES
  9. 5Prohibition on chartering for bluefin tuna fishing
  10. 6Submission of annual fishing plans and fishing capacity management plans ...
  11. 7Annual fishing plans
  12. 8Allocation of fishing opportunities Repealed
  13. 9Annual fishing capacity management plans Repealed
  14. 10Annual farming management plans Repealed
  15. Chapter III: TECHNICAL MEASURES
  16. Fishing seasons Repealed
  17. 11Fishing seasons Repealed
  18. 12Baitboats and trolling boats Repealed
  19. Minimum conservation reference size, incidental catch, by-catch
  20. 13The landing obligation
  21. 14Minimum conservation reference size
  22. 15Incidental catches Repealed
  23. 16By-catches
  24. Use of aerial means
  25. 17Use of aerial means
  26. Chapter IV: RECREATIONAL FISHERIES
  27. 19AInterpretation
  28. 19BProhibition on fishing without a Permit
  29. 19CPermit applications
  30. 19DPower to grant Permits for recreational UK fishing boats
  31. 19EPower to vary, suspend or revoke Permits
  32. 19FPermits and notices
  33. 19GReporting obligations
  34. Chapter V: CONTROL MEASURES
  35. Records of vessels and traps
  36. 20Records of vessels Repealed
  37. 21Relationship with Regulation (EC) No 1224/2009
  38. 22Fishing authorisations for vessels Repealed
  39. 23Records of traps authorised to fish for bluefin tuna Repealed
  40. 24Joint fishing operations
  41. Catches
  42. 24ASeparate recording and reporting requirements for recreational fisheries
  43. 25Recording requirements
  44. 26Catch reports sent by masters ...
  45. 27Weekly and monthly catch reports sent by the Member States Repealed
  46. 28Information on quota exhaustion Repealed
  47. 29Yearly reporting of catches by the Member States Repealed
  48. Landings and transhipments
  49. 30Designated ports
  50. 31Landings
  51. 32Transhipment
  52. Transfer operations
  53. 33Transfer authorisation Repealed
  54. 34Refusal of transfer authorisation Repealed
  55. 35Monitoring by video camera Repealed
  56. 36Verification by ICCAT regional observers and launching and conduct of investigation Repealed
  57. 37Measures to estimate the number and weight of bluefin tuna to be caged Repealed
  58. 38Transfer declaration Repealed
  59. 39Implementing acts Repealed
  60. Caging operations
  61. 40Caging authorisation Repealed
  62. 41Refusal of caging authorisation Repealed
  63. 42Bluefin tuna catch documentation Repealed
  64. 43Inspections Repealed
  65. 44Monitoring by video camera Repealed
  66. 45Launching and conduct of investigations Repealed
  67. 46Measures and programmes to estimate the number and weight of bluefin tuna to be caged Repealed
  68. 47Caging report Repealed
  69. 48Implementing acts Repealed
  70. Monitoring and surveillance
  71. 49Vessel monitoring system
  72. 50National observer programme
  73. 51ICCAT regional observer programme
  74. Inspections and cross-checks
  75. 52ICCAT Scheme of Joint International Inspection
  76. 53Transmission of inspection plans Repealed
  77. 54Inspections in case of infringements Repealed
  78. 55Cross-check
  79. Marketing
  80. 56Marketing measures Repealed
  81. Chapter 5A: OFFENCES, PENALTIES AND ENFORCEMENT
  82. 56AOffences
  83. 56BOffences by bodies corporate etc
  84. 56CPenalties for offences
  85. 56DEnforcement
  86. Chapter VI: FINAL PROVISIONS Repealed
  87. 57Evaluation Repealed
  88. 58Financing Repealed
  89. 59Implementation Repealed
  90. 60Repeal Repealed
  91. 61Entry into force Repealed
  92. Signature
  93. Annex I: Specific conditions applicable to the fisheries referred to in Article 14(2) Repealed
  94. 1Division 1 Repealed
  95. 2Division 2 Repealed
  96. 3Division 3 Repealed
  97. 4Division 4 Repealed
  98. 5Division 5 Repealed
  99. 6Division 6 Repealed
  100. 7Division 7 Repealed
  101. 8Division 8 Repealed
  102. 9Each Member State whose baitboats, longliners, handliners and trolling boats are authorised to fish for bluefin tuna in accordance with Article 14(2) and this Annex shall establish the following tail tag requirements: Repealed
  103. Annex II: Logbook requirements
  104. ACATCHING VESSELS
  106. Division
  107. Division
  108. Division
  110. Division
  111. Division
  113. Division
  114. Division
  115. Division
  116. Division
  117. Annex IIIICCAT Transhipment Declaration
  118. Annex IVAnnex IV
  119. Annex VAnnex V Repealed
  120. Annex VIAnnex VI
  121. Annex VII: ICCAT regional observer programme Repealed
  122. ASSIGNMENT OF ICCAT REGIONAL OBSERVERS Repealed
  123. 1Each ICCAT regional observer shall have the following qualifications to accomplish their tasks: Repealed
  124. OBLIGATIONS OF THE ICCAT REGIONAL OBSERVER Repealed
  125. 2The ICCAT regional observers shall: Repealed
  126. ICCAT REGIONAL OBSERVER TASKS Repealed
  127. 3The tasks of ICCAT regional observers shall be, in particular: Repealed
  128. 4Division 4 Repealed
  129. 5Division 5 Repealed
  130. 6Division 6 Repealed
  131. OBLIGATIONS OF THE FLAG MEMBER STATES TOWARDS ICCAT REGIONAL OBSERVERS Repealed
  132. 7Member States responsible for the purse seiner, farm or trap, shall ensure that ICCAT regional observers are: Repealed
  133. COSTS ARISING FROM THE ICCAT REGIONAL OBSERVER PROGRAMME Repealed
  134. 8Division 8 Repealed
  135. Annex VIIIICCAT scheme of joint international inspection Repealed
  136. SERIOUS VIOLATIONS Repealed
  137. 1For the purposes of these procedures, a serious violation means the following violations of the provisions of the ICCAT conservation and management measures adopted by the ICCAT Commission: Repealed
  138. 2Division 2 Repealed
  139. 3Division 3 Repealed
  140. 4Division 4 Repealed
  141. 5Division 5 Repealed
  142. CONDUCT OF INSPECTIONS Repealed
  143. 6Division 6 Repealed
  144. 7Division 7 Repealed
  145. 8Division 8 Repealed
  146. 9Division 9 Repealed
  147. 10Division 10 Repealed
  148. 11Upon boarding the vessel, the inspector shall produce the identity documentation described in point 8. The inspector shall observe generally accepted international regulations, procedures and practices relating to the safety of the vessel being inspected and its crew, and shall minimise interference with fishing activities or stowage of product and, to the extent practicable, avoid action which would adversely affect the quality of the catch on board. Repealed
  149. 12Division 12 Repealed
  150. 13Division 13 Repealed
  151. 14Division 14 Repealed
  152. 15Division 15 Repealed
  153. 16Division 16 Repealed
  154. 17Division 17 Repealed
  155. 18Division 18 Repealed
  156. 19Division 19 Repealed
  157. 20Division 20 Repealed
  158. 21The model identity card for inspectors is as follows: Repealed
  159. Annex IX: Minimum standards for video recording procedures Repealed
  160. Transfer operations Repealed
  161. 1Division 1 Repealed
  162. 2Division 2 Repealed
  163. 3Division 3 Repealed
  164. 4Division 4 Repealed
  165. 5Division 5 Repealed
  166. 6Division 6 Repealed
  167. 7Division 7 Repealed
  168. 8Division 8 Repealed
  169. 9Division 9 Repealed
  170. Caging operations Repealed
  171. 1Division 1 Repealed
  172. 2Division 2 Repealed
  173. 3Division 3 Repealed
  174. 4Division 4 Repealed
  175. 5Division 5 Repealed
  176. 6Division 6 Repealed
  177. 7Division 7 Repealed
  178. 8Division 8 Repealed
  179. 9Division 9 Repealed
  180. Annex X: Standards and procedures for the programmes and reporting obligations referred to in Article 46(2) to (7) and Article 47(1) Repealed
  181. AUse of stereoscopical cameras systems Repealed
  182. Presentation and use of the results of the programmes Repealed
  183. 1Division 1 Repealed
  184. 2The Member State responsible for the farm shall provide a report to the Member State or CPC responsible for the catching vessel or trap and to the Commission, including the following documents: Repealed
  185. 3When receiving the caging report, the Member State authorities of the catching vessel or trap shall take all the necessary measures according to the following situations: Repealed
  186. 4Division 4 Repealed
  187. 5In case of compensation of differences found in individual caging reports across all cagings from a JFO/trap, whether or not a release operation is required, all relevant BCDs shall be modified on the basis of the lowest range of the stereoscopical system results. The BCDs related to the quantities of bluefin tuna released shall also be modified to reflect the weight/number released. The BCDs related to bluefin tuna not released but for which the results from the stereoscopical systems or alternative techniques differ from those reported caught and transferred shall also be amended to reflect those differences. Repealed
  188. Annex XI: Release protocol Repealed
  189. 1Division 1 Repealed
  190. 2Division 2 Repealed
  191. 3Division 3 Repealed
  192. 4Division 4 Repealed
  193. 5Division 5 Repealed
  194. 6Division 6 Repealed
  195. Annex XIITreatment of dead fish Repealed
  196. Annex XIIICorrelation table Repealed