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Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007

EU Regulation 2017/2107 · Adopted 15 November 2017 · 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) 2017/2107 of the European Parliament and of the Council

of 15 November 2017

laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007

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 marine biological resources that provides long-term environmental, economic and social sustainability.

(2)

By Council Decision 98/392/ECf4 the Union approved the United Nations Convention on the Law of the Sea, which contains, inter alia, principles and rules with regard to the conservation and management of marine living resources. In the framework of its wider international obligations, the Union participates in efforts made in international waters to conserve fish stocks.

(3)

Pursuant to Council Decision 86/238/EECf5, the Union has been a Contracting Party to the International Convention for the Conservation of Atlantic Tunas (‘the ICCAT Convention’) since 14 November 1997.

(4)

The ICCAT Convention provides a framework for regional cooperation on the conservation and management of tunas and tuna-like species in the Atlantic Ocean and the adjoining seas through the setting-up of an International Commission for the Conservation of Atlantic Tunas (ICCAT).

(5)

ICCAT has the authority to adopt compulsory decisions (recommendations) for the conservation and management of the fisheries under its purview, which are binding for the Contracting Parties. Those recommendations are essentially addressed to the Contracting Parties to the ICCAT Convention, but also contain obligations for private operators (e.g. vessel masters). The ICCAT recommendations enter into force six months following their adoption and, in respect of the Union, they must be implemented into Union law as soon as possible.

(6)

A Regulation of the European Parliament and of the Council on the sustainable management of external fishing fleetsf6 will provide that that Regulation is to apply without prejudice to the provisions in Union law implementing provisions adopted by the regional fisheries management organisations (RFMOs) to which the Union is a Contracting Party.

(7)

The last implementation of the ICCAT conservation and enforcement recommendations was done through Council Regulations (EC) No 1936/2001f7 and (EC) No 520/2007f8.

(8)

The ICCAT recommendation concerning a multiannual recovery plan for Bluefin tuna in the eastern Atlantic and Mediterranean was implemented by Regulation (EU) 2016/1627 of the European Parliament and of the Councilf9. This Regulation does not cover such multiannual recovery plan.

(9)

When implementing those recommendations, 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.

(10)

Union legislation should merely implement the ICCAT recommendations in order to place Union and third country fishermen on an equal footing and to ensure that the rules can be accepted by all.

(11)

The delegated acts and implementing acts provided for in this Regulation should be without prejudice to the implementation of future ICCAT recommendations into Union law through the ordinary legislative procedure.

(12)

In order to swiftly implement into Union law future amendments to the ICCAT recommendations, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending 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, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Makingf10. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(13)

In order to ensure uniform conditions for the implementation of the provisions of this Regulation, 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 Councilf11.

(14)

To ensure compliance with the CFP, Union legislation has been adopted to establish a system of control, inspection and enforcement, which includes the fight against illegal, unreported and unregulated (IUU) fishing. In particular, Council Regulation (EC) No 1224/2009f12 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. Commission Implementing Regulation (EU) No 404/2011f13 lays down detailed rules for the implementation of Regulation (EC) No 1224/2009. Council Regulation (EC) No 1005/2008f14 establishes a Community system to prevent, deter and eliminate IUU fishing. Those Regulations already implement a number of the provisions laid down in the ICCAT recommendations. It is therefore not necessary to include those provisions in this Regulation.

(15)

The ICCAT recommendations, read together with applicable rules laid down in Regulation (EC) No 1224/2009, allow for large-scale pelagic longline vessels to tranship at sea in non-Union waters within the ICCAT zone. However, the Union should comprehensively and systematically address that issue within the framework of the RFMOs with a view to extending the Union prohibition on transhipment at sea in Union waters to all waters.

(16)

Article 15(1) of Regulation (EU) No 1380/2013 introduced a landing obligation which applies from 1 January 2015 to small and large-scale pelagic fisheries, fisheries for industrial purposes and fisheries for salmon in the Baltic sea. However, under Article 15(2) of that Regulation, the landing obligation is without prejudice to the Union's international obligations, such as those resulting from ICCAT recommendations. Under that same provision the Commission is empowered to adopt delegated acts, for the purpose of implementing such international obligations into Union law, including, in particular, derogations from the landing obligation. Accordingly, the discard in some fisheries for small and large-scale pelagic fisheries and fisheries for industrial purposes is allowed in certain situations laid down in Commission Delegated Regulation (EU) 2015/98f15.

(17)

Council Regulation (EC) No 1984/2003f16 establishes statistical document programmes for swordfish and bigeye tuna in accordance with the relevant ICCAT provisions. As new provisions on statistical programmes have been adopted by ICCAT in relation to transhipment at sea, it is appropriate to amend Regulation (EC) No 1984/2003 to implement those provisions into Union law.

(18)

Many ICCAT recommendations have changed or have been repealed in recent years. Therefore, for reasons of clarity, simplification and legal certainty, it is appropriate to amend Regulations (EC) No 1936/2001 and (EC) No 520/2007,

HAVE ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ C 34, 2.2.2017, p. 142.

f2

Position of the European Parliament of 3 October 2017 (not yet published in the Official Journal) and decision of the Council of 23 October 2017.

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

Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1).

f5

Council Decision 86/238/EEC of 9 June 1986 on the accession of the Community to the International Convention for the Conservation of Atlantic Tunas, as amended by the Protocol annexed to the Final Act of the Conference of Plenipotentiaries of the States Parties to the Convention signed in Paris on 10 July 1984 (OJ L 162, 18.6.1986, p. 33).

f6

Procedure number 2015/0289(COD), not yet published in the Official Journal.

f7

Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish (OJ L 263, 3.10.2001, p. 1).

f8

Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001 (OJ L 123, 12.5.2007, p. 3).

f9

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 (OJ L 252, 16.9.2016, p. 1).

f10

OJ L 123, 12.5.2016, p. 1.

f11

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).

f12

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).

f13

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).

f14

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).

f15

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).

f16

Council Regulation (EC) No 1984/2003 of 8 April 2003 introducing a system for the statistical monitoring of trade in swordfish and bigeye tuna within the Community (OJ L 295, 13.11.2003, p. 1).

Contents

  1. Title I: GENERAL PROVISIONS
  2. 1Subject matter
  3. 2Scope
  4. 3Relationship to other legislation
  5. 4Definitions
  6. Title II: MANAGEMENT, CONSERVATION AND CONTROL MEASURES CONCERNING CERTAIN SPECIES
  7. Chapter I: Tropical tunas
  8. 5Restrictions on the number of United Kingdom large-scale catching vessels targeting bigeye tuna
  9. 6Specific authorisations for large-scale tropical tuna catching vessels and for support vessels
  10. 7ICCAT record of authorised tropical tuna vessels
  11. 8List of vessels fishing tropical tunas in a given year
  12. 9Management plans in respect of fish-aggregating devices
  13. 10Requirements for FADs
  14. 11Information on FADs submitted by vessels
  15. 12Information on FADs submitted by a fisheries administration
  16. 13Logbooks Repealed
  17. 14Time and area closure in relation with the protection of juveniles
  18. 15Fishing for tropical tunas in certain Portuguese waters
  19. 16Identification of IUU fishing
  20. Chapter II: North Atlantic albacore
  21. 17Restrictions on the number of vessels
  22. Chapter III: Swordfish
  23. Swordfish in the Atlantic
  24. 18Management plans for North Atlantic swordfish
  25. 19Minimum size for North Atlantic swordfish
  26. Swordfish in the Mediterranean
  27. 20Vessels authorised to target Mediterranean swordfish Repealed
  28. 21By-catch Repealed
  29. 22Special fishing authorisation Repealed
  30. 23Closed fishing seasons Repealed
  31. 24Minimum size for Mediterranean swordfish Repealed
  32. 25Technical specifications of the fishing gear for vessels authorised to target Mediterranean swordfish Repealed
  33. 26Reporting obligations for Mediterranean swordfish Repealed
  34. Chapter IV: Blue marlin and white marlin in the Atlantic
  35. 27Release of blue marlin and white marlin caught alive
  36. 28Landing of blue marlin and white marlin beyond the fishing opportunities
  37. 29Recreational fisheries of blue marlin and white marlin
  38. Chapter V: Sharks
  39. 30General provisions
  40. 31Porbeagle sharks (Lamna nasus)
  41. 32Bigeye thresher sharks (Alopias superciliosus)
  42. 33Shortfin mako sharks (Isurus oxyrinchus)
  43. 34Oceanic whitetip shark (Carcharhinus longimanus)
  44. 35Hammerhead sharks
  45. 36Silky sharks (Carcharhinus falciformis)
  46. 37Sampling of shark species by scientific observers and other authorised individuals
  47. Chapter VI: Seabirds
  48. 38Mitigation measures for seabirds in the area between 20° South and 25° South
  49. 39Mitigation measures for seabirds in the area south of 25° South
  50. 40Reporting obligations for seabirds
  51. Chapter VII: Sea turtles
  52. 41General provisions for sea turtles
  53. 42Reporting obligations for sea turtles
  54. Chapter VIII: Fishing opportunities for bluefin tuna and swordfish
  55. 43General principle
  56. Title III: COMMON CONTROL MEASURES
  57. Chapter I: Authorisations
  58. 44ICCAT record of large-scale fishing vessels
  59. Chapter II: Chartering
  60. 45Scope
  61. 46General provisions
  62. 47Notification
  63. Chapter III: Control of catches
  64. 48Compliance with quotas and minimum size requirements
  65. 49Catch sampling
  66. 50Catch and fishing effort notification
  67. Chapter IV: Transhipment
  68. 51Scope
  69. 52Transhipment in port
  70. 53Transhipment at sea
  71. 54ICCAT record of carrier vessels
  72. 55Authorisation to large-scale pelagic longline vessels to tranship in the ICCAT Convention area
  73. 56Prior authorisation for transhipment at sea
  74. 57ICCAT transhipment declaration
  75. 58ICCAT regional observer programme for transhipment at sea
  76. 59Reporting obligations
  77. 60Consistency of reported data
  78. Chapter V: Scientific observer programmes
  79. 61Establishment of domestic scientific observer programmes
  80. 62Qualifications of scientific observers
  81. 63Responsibilities of scientific observers
  82. 64Submission of collected information
  83. Chapter VI: Control of third country fishing vessels in United Kingdom ports
  84. 65Reporting obligations with regard to designated ports and points of contact
  85. 66Reporting obligations with regard to port inspections
  86. Chapter VII: Enforcement
  87. 67Alleged infringements reported by a fisheries administration
  88. 68ICCAT draft IUU list
  89. 69Alleged non-compliance reported by the ICCAT Executive Secretary
  90. 70Alleged infringements reported by a CPC
  91. Title IV: FINAL PROVISIONS
  92. 71Annual report
  93. 72Confidentiality
  94. 73Procedure for amendments Repealed
  95. 74Exercise of the delegation Repealed
  96. 75Committee procedure Repealed
  97. 76Amendments to Regulation (EC) No 1936/2001
  98. 77Amendments to Regulation (EC) No 1984/2003
  99. 78Amendments to Regulation (EC) No 520/2007
  100. 79Entry into force Repealed
  101. Signature
  102. Annex IICCAT SPECIES
  103. Annex IIGUIDELINES FOR PREPARATION OF FISH AGGREGATING DEVICE (FAD) MANAGEMENT PLANS
  104. Annex IIILIST OF DEPLOYED FADS ON A QUARTERLY BASIS
  105. Annex IV: OBSERVER PROGRAMME REQUIREMENTS FOR VESSELS FISHING FOR TROPICAL TUNAS IN THE GEOGRAPHICAL AREAS OF THE TIME AND AREA CLOSURE
  106. 1The observers shall have the following qualifications to accomplish their tasks:
  107. 2The observers shall not be crew members of the fishing vessel being observed and shall:
  108. Observer tasks
  109. 3The observer tasks shall be, in particular:
  110. 4Division 4
  111. 5Division 5
  112. 6Division 6
  113. Obligations of a fisheries administration
  114. 7The responsibilities regarding observers of the fisheries administration of the fishing vessels and their masters shall include, in particular, the following:
  115. Annex VMINIMUM TECHNICAL STANDARDS FOR MITIGATION MEASURES
  116. SUPPLEMENTAL GUIDELINES FOR DESIGN AND DEPLOYMENT OF TORI LINES
  117. Preamble
  118. Tori line design
  119. 1Division 1
  120. 2Division 2
  121. 3Division 3
  122. 4Division 4
  123. 5Division 5
  124. 6Division 6
  125. Deployment of tori lines
  126. 1Division 1
  127. 2Division 2
  128. 3Division 3
  129. 4Division 4
  130. 5Division 5
  131. 6Division 6
  132. 7Division 7
  133. Annex VIDETAILED REQUIREMENTS FOR THE RELEASE OF SEA TURTLES
  134. Annex VII: IN-PORT TRANSHIPMENT
  135. 1Division 1
  136. Notification obligations
  137. Fishing vessel
  138. 2.1Division 2.1
  139. 2.2Division 2.2
  140. 2.3Division 2.3
  141. Receiving vessel
  142. 3.1Division 3.1
  143. 3.2Division 3.2
  144. Port and landing State cooperation
  145. 4Division 4
  146. Reporting
  147. 5Division 5
  148. Annex VIII: ICCAT REGIONAL OBSERVER PROGRAMME FOR TRANSHIPMENT AT SEA OPERATIONS
  149. 1Division 1
  150. 2Division 2
  151. Designation of the observers
  152. 3The designated observers shall have the following qualifications to accomplish their tasks:
  153. Obligations of the observer
  154. 4Observers shall:
  155. 5The observer shall monitor the LSPLV's and carrier vessel's adherence to the relevant conservation and management measures adopted by ICCAT. The observers' tasks shall be, in particular, to:
  156. 6Division 6
  157. 7Division 7
  158. 8Division 8
  159. Responsibilities of the flag States of carrier vessels
  160. 9The conditions associated with implementation of the regional observer programme vis à vis the flag States of the carrier vessels and their captains include, in particular, the following:
  161. Responsibilities of LSPLVs during transhipments
  162. 10Division 10
  163. Observer fees
  164. 11Division 11
  165. 12Division 12