Legal provisions of COM(2019)619 - Multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean

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dossier COM(2019)619 - Multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean.
document COM(2019)619 EN
date September 13, 2023

Contents

CHAPTER I - General provisions


Article 1

Subject matter

This Regulation lays down general rules for the uniform and effective implementation by the Union of the multiannual management plan for bluefin tuna (Thunnus thynnus) in the eastern Atlantic and the Mediterranean, as adopted by the International Commission for the Conservation of Atlantic Tunas (‘ICCAT’).

Article 2

Scope

This Regulation applies to:

(a)Union fishing vessels and Union vessels engaged in recreational fisheries which:

(i)catch bluefin tuna in the Convention Area; and

(ii)tranship or carry on board, including outside the Convention Area, bluefin tuna caught in the Convention Area;

(b)Union farms;

(c)third country fishing vessels and third country vessels engaged in recreational fisheries that operate in Union waters and catch bluefin tuna in the Convention Area;

(d)third country vessels which are inspected in Member State ports and which carry on board bluefin tuna caught in the Convention Area or fishery products originating from bluefin tuna caught in Union waters that have not been previously landed or transhipped at ports.

Article 3

Objective

The objective of this Regulation is to implement the multiannual management plan for bluefin tuna, as adopted by ICCAT, which aims to maintain a biomass of bluefin tuna above levels capable of producing MSY.

Article 4

Relationship with other Union acts

Unless otherwise stated in this Regulation, this Regulation applies without prejudice to other Union acts governing the fisheries sector, in particular:

(1)Regulation (EC) No 1224/2009;

(2)Regulation (EC) No 1005/2008;

(3)Regulation (EU) 2017/2403 of the European Parliament and of the Council (18);

(4)Regulation (EU) 2017/2107;

(5)Regulation (EU) 2019/1241 of the European Parliament and of the Council (19).

Article 5

Definitions

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

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

(2)‘the Convention’ means the International Convention for the Conservation of Atlantic Tunas;

(3)‘fishing vessel’ means any powered vessel used for the purposes of the commercial exploitation of bluefin tuna resources, including catching vessels, fish processing vessels, support vessels, towing vessels, vessels engaged in transhipment and transport vessels equipped for the transportation of tuna products and auxiliary vessels, except container vessels;

(4)‘live bluefin tuna’ means bluefin tuna that is kept alive for a certain period in a trap, or transferred alive to a farming installation;

(5)‘SCRS’ means the Standing Committee on Research and Statistics of the ICCAT;

(6)‘recreational fishery’ means non-commercial fisheries activities exploiting marine biological resources;

(7)‘sport fishery’ means non-commercial fisheries whose members adhere to a national sport organisation or are issued with a national sport licence;

(8)‘towing vessel’ means any vessel used for towing cages;

(9)‘processing vessel’ means a vessel on board of which fisheries products are subject to one or more of the following operations, prior to their packaging: filleting or slicing, freezing and/or processing;

(10)‘auxiliary vessel’ means any vessel used to transport dead bluefin tuna (not processed) from a transport/farming cage, a purse seine or a trap to a designated port and/or to a processing vessel;

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

(12)‘purse seine’ means any encircling net the bottom of which is drawn together by means of a purse line at the bottom of the net, which passes through a series of rings along the ground rope, enabling the net to be pursed and closed;

(13)‘caging’ means the relocation of live bluefin tuna from the transport cage or trap to the farming or fattening cages;

(14)‘catching vessel’ means a vessel used for the purposes of the commercial capture of bluefin tuna resources;

(15)‘farm’ means a marine area clearly defined by geographical coordinates, used for the fattening or farming of bluefin tuna caught by traps and/or purse seine vessels; a farm could have several farming locations, all of them defined by geographical coordinates with a clear definition of longitude and latitude for each one of the points of the polygon;

(16)‘farming’ or ‘fattening’ means caging of bluefin tuna in farms and their subsequent feeding aiming to fatten and increase their total biomass;

(17)‘harvesting’ means the killing of bluefin tuna in farms or traps;

(18)‘stereoscopic camera’ means a camera with two or more lenses, with a separate image sensor or film frame for each lens, enabling the taking of three-dimensional images for the purpose of measuring the length of the fish and assisting in refining the number and weight of bluefin tuna;

(19)‘small-scale coastal vessel’ is a catching vessel with at least three of the five following characteristics:

(a)length overall of less than 12 metres;

(b)the vessel fishes exclusively inside the waters under the jurisdiction of the flag Member State;

(c)the duration of fishing trips is less than 24 hours;

(d)the maximum crew number is established at four persons; or

(e)the vessel fishes using techniques which are selective and have a reduced environmental impact;

(20)‘joint fishing operation’ means any operation between two or more purse seine vessels where the catch of one purse seine vessel is attributed to one or more purse seine vessels in accordance with a previously agreed allocation key;

(21)‘fishing actively’ means, for any catching vessel, the fact that it targets bluefin tuna during a given fishing season;

(22)‘BCD’ means a bluefin tuna catch document;

(23)‘eBCD’ means an electronic bluefin tuna catch document;

(24)‘Convention Area’ means the geographical area defined in Article 1 of the Convention;

(25)‘transhipment’ means the unloading of all or any of the fisheries products on board a fishing vessels to another fishing vessel; however, unloading of dead bluefin tuna from the purse seine, the trap or the towing vessel to an auxiliary vessel shall not be considered as transhipment;

(26)‘control transfer’ means any additional transfer being implemented at the request of the fishing/farming operators or the control authorities for the purpose of verifying the number of fish being transferred;

(27)‘control camera’ means a stereoscopic camera and/or conventional video camera for the purpose of the controls provided for in this Regulation;

(28)‘CPC’ means a Contracting Party to the Convention or a cooperating non-contracting party, entity or fishing entity;

(29)‘large scale pelagic longline vessel’ means a pelagic longline vessel greater than 24 metres in length overall;

(30)‘transfer’ means any transfer of:

(a)live bluefin tuna from the catching vessel’s net to the transport cage;

(b)live bluefin tuna from the transport cage to another transport cage;

(c)the cage with live bluefin tuna from a towing vessel to another towing vessel;

(d)the cage with live bluefin tuna from one farm to another, and live bluefin tuna between different cages in the same farm;

(e)live bluefin tuna from the trap to the transport cage independently of the presence of a towing vessel;

(31)‘operator’ means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution or retail chains of fisheries and aquaculture products;

(32)‘gear group’ means a group of fishing vessels using the same gear for which a group quota has been allocated;

(33)‘fishing effort’ means the product of the capacity and the activity of a fishing vessel; for a group of fishing vessels it means the sum of the fishing effort of all vessels in the group;

(34)‘responsible Member State’ means the flag Member State or the Member State under whose jurisdiction the relevant farm or trap is located.

CHAPTER II - Management measures


Article 6

Conditions associated with fisheries management measures

1. Each Member State shall take the necessary measures to ensure that the fishing effort of its catching vessels and its traps is commensurate with the bluefin tuna fishing opportunities available to that Member State in the eastern Atlantic and the Mediterranean. Measures adopted by Member States shall include establishing individual quotas for their catching vessels over 24 metres in length overall included in the list of authorised vessels referred to in Article 26.

2. Each Member State shall require catching vessels to proceed immediately to a port designated by it when the individual quota of the vessel is deemed to be exhausted, in accordance with Article 35 of Regulation (EC) No 1224/2009.

3. Chartering operations shall not be permitted in the bluefin tuna fishery.

Article 7

Carry-over of non-harvested live bluefin tuna

1. The carry-over of non-harvested live bluefin tuna from previous years’ catches within a farm may be permitted only if a reinforced system of control is developed and reported by the Member State to the Commission. That system shall be an integral part of the Member State’s annual inspection plan referred to in Article 14, and shall include at least the measures established pursuant to Articles 53 and 61.

2. If a carry-over is permitted in accordance with paragraph 1, the following points shall apply:

(a)by 25 May of each year, Member States responsible for farms shall complete and submit to the Commission an annual carry-over declaration which shall include:

(i)quantities (expressed in kg) and number of fish intended to be carried over;

(ii)catch year;

(iii)average weight;

(iv)flag Member State or CPC;

(v)references of the BCD corresponding to the catches carried over;

(vi)name and ICCAT number of the farm;

(vii)cage number; and

(viii)information on harvested quantities (expressed in kg), when completed;

(b)the quantities carried over pursuant to paragraph 1 shall be placed in separate cages or in separate series of cages in the farm on the basis of the catch year.

3. Before a fishing season starts, Member States responsible for farms shall ensure a thorough assessment of any live bluefin tuna carried over after bulk-harvests in farms under their jurisdiction. With that aim, all carried-over live bluefin tuna of the catch year subject to bulk-harvest in farms shall be transferred to other cages using stereoscopic camera systems or alternative methods, provided that they ensure the same level of precision and accuracy, in accordance with Article 51. Fully documented traceability shall be ensured at all times. Carry-over of bluefin tuna from years that were not subject to bulk-harvest shall be controlled annually by applying the same procedure to appropriate samples based on a risk assessment.

4. The Commission may adopt implementing acts laying down detailed rules to develop a reinforced control system for the carry-over of live bluefin tuna. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68.

Article 8

Carry-over of unused quotas

The carry-over of unused quotas shall not be permitted.

Article 9

Quota transfers

1. Transfers of quotas between the Union and other CPCs shall only be carried out with the prior authorisation of the Member States and/or CPCs concerned. The Commission shall notify the ICCAT Secretariat 48 hours prior to any such transfer of quotas.

2. The transfer of quotas within gear groups, by-catch quotas and individual fishing quotas of each Member State shall be allowed, provided that the Member States concerned inform the Commission of such transfers in advance, so that the Commission can inform the ICCAT Secretariat prior to the transfer taking effect.

Article 10

Quota deductions in the event of overfishing

If Member States overfish the quotas allocated to them and the situation cannot be remedied by quota exchanges pursuant to Article 16(8) of Regulation (EU) No 1380/2013, Articles 37 and 105 of Regulation (EC) No 1224/2009 shall apply.

Article 11

Annual fishing plans

1. Each Member State with a bluefin tuna quota shall establish an annual fishing plan. That plan shall include, at least, the following information for the catching vessels and traps:

(a)the quotas allocated to each gear group, including by-catch quotas;

(b)where applicable, the method used to allocate and manage quotas;

(c)the measures to ensure the respect of individual quotas;

(d)open fishing seasons for each gear category;

(e)information on designated ports;

(f)the rules on by-catch; and

(g)the number of catching vessels, other than bottom trawlers, above 24 metres in length overall and purse seine vessels that are authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean.

2. Member States that have small-scale coastal vessels authorised to fish for bluefin tuna shall allocate a specific sectorial quota for those vessels and shall include such allocation in their fishing plans. They shall also include additional measures to closely monitor the quota consumption by that fleet in their monitoring, control and inspection plans. Member States may authorise a different number of vessels to fully utilise their fishing opportunities, using the parameters referred to in paragraph 1.

3. Portugal and Spain may allocate sectorial quotas for bait-boats operating in the Union waters of the archipelagos of the Azores, Madeira and the Canary Islands. Those sectorial quotas shall be included in their annual fishing plans and additional measures to monitor the consumption of those quotas shall be clearly set out in their annual monitoring, control and inspection plans.

4. When Member States allocate sectorial quotas in accordance with paragraph 2 or 3, the minimum quota requirement of 5 tonnes set in the applicable Union act for the allocation of fishing opportunities shall not apply.

5. Any amendment to the annual fishing plan shall be submitted by the Member State concerned to the Commission at least three working days before the start of the fishing activity to which the amendment relates. The Commission shall forward the amendment to the ICCAT Secretariat at least one working day before the start of the fishing activity to which the amendment relates.

Article 12

Allocation of fishing opportunities

In accordance with Article 17 of Regulation (EU) No 1380/2013, when allocating the fishing opportunities available to them, Member States shall use transparent and objective criteria, including those of an environmental, social and economic nature, and shall also endeavour to distribute national quotas fairly among the various fleet segments, giving special consideration to traditional and artisanal fisheries, and to provide incentives to Union fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact.

Article 13

Annual fishing capacity management plans

Each Member State with a bluefin tuna quota shall establish an annual fishing capacity management plan. In that plan, the Member State shall adjust the number of catching vessels and traps in a way that ensures that the fishing capacity is commensurate with the fishing opportunities allocated to catching vessels and traps for the relevant quota period. The Member State shall adjust the fishing capacity using the parameters defined in the applicable Union act for the allocation of fishing opportunities. The adjustment of Union fishing capacity for purse seine vessels shall be limited to a maximum variation of 20 % compared to the baseline fishing capacity of 2018.

Article 14

Annual inspection plans

Each Member State with a bluefin tuna quota shall establish an annual inspection plan with a view to ensuring compliance with this Regulation. Each Member State shall submit its respective plan to the Commission. Each Member State shall establish its plan in accordance with:

(a)the objectives, priorities and procedures as well as benchmarks for inspection activities set out in the specific control and inspection programme for bluefin tuna established under Article 95 of Regulation (EC) No 1224/2009;

(b)the national control action programme for bluefin tuna established under Article 46 of Regulation (EC) No 1224/2009.

Article 15

Annual farming management plans

1. Each Member State with a bluefin tuna quota shall establish an annual farming management plan.

2. In the annual farming management plan, each Member State shall ensure that the total input capacity and the total farming capacity are commensurate with the estimated amount of bluefin tuna available for farming.

3. Member States shall limit their tuna farming capacity to the total farming capacity registered in the ICCAT ‘record of bluefin tuna farming facilities’ or authorised and declared to ICCAT in 2018.

4. The maximum input of wild caught bluefin tuna into the farms of a Member State shall be limited to the level of the input quantities registered with ICCAT in the ‘record of bluefin tuna farming facilities’ by the farms of that Member State in the years 2005, 2006, 2007 or 2008.

5. If a Member State needs to increase the maximum input of wild caught tuna in one or more of its tuna farms, that increase shall be commensurate with the fishing opportunities allocated to that Member State, and with any live bluefin tuna imports from another Member State or Contracting Party.

6. Member States responsible for the farms shall ensure that scientists tasked by the SCRS with trials to identify growth rates during the fattening period have access to the farms and assistance to carry out their duties.

7. Where appropriate, Member States shall submit revised farming management plans to the Commission by 15 May each year.

Article 16

Transmission of annual plans

1. By 31 January of each year, each Member State with a bluefin tuna quota shall submit the following plans to the Commission:

(a)the annual fishing plan for the catching vessels and traps fishing bluefin tuna in the eastern Atlantic and the Mediterranean, established in accordance with Article 11;

(b)the annual fishing capacity management plan established in accordance with Article 13;

(c)the annual inspection plan established in accordance with Article 14; and

(d)the annual farming management plan established in accordance with Article 15.

2. The Commission shall compile the plans referred to in paragraph 1 and use them for the establishment of a Union annual plan. The Commission shall transmit the Union annual plan to the ICCAT Secretariat by 15 February of each year for discussion and approval by ICCAT.

3. In the event that a Member State fails to submit a plan referred to in paragraph 1 to the Commission within the deadline laid down in that paragraph, the Commission may decide to transmit the Union plan to the ICCAT Secretariat without the plans of the Member State concerned. At the request of the Member State concerned, the Commission shall endeavour to take into account one of the plans referred to in paragraph 1 submitted after the deadline laid down in that paragraph, but before the deadline provided for in paragraph 2. If a plan submitted by a Member State does not comply with the provisions of this Regulation relating to the annual fishing, capacity, inspection and farming plans or contains a serious fault that may lead to the non-endorsement of the Union annual plan by the ICCAT Commission, the Commission may decide to transmit the Union annual plan to the ICCAT Secretariat without the plans of the Member State concerned. The Commission shall inform the Member State concerned as soon as possible and shall endeavour to include any revised plans submitted by that Member State in the Union annual plan or in amendments to the Union annual plan, provided that those revised plans comply with the provisions of this Regulation relating to the annual fishing, capacity, inspection and farming plans.

CHAPTER III - Technical measures


Article 17

Fishing seasons

1. Purse seine fishing for bluefin tuna shall be permitted in the eastern Atlantic and the Mediterranean from 26 May until 1 July of each year.

2. By way of derogation from paragraph 1 of this Article, Cyprus and Greece may request in their annual fishing plans, as referred to in Article 11, that purse seine vessels flying their flag be allowed to fish for bluefin tuna in the Eastern Mediterranean (FAO fishing areas 37.3.1 and 37.3.2) from 15 May until 1 July of each year.

3. By way of derogation from paragraph 1 of this Article, Croatia may request in its annual fishing plan, as referred to in Article 11, that purse seine vessels flying its flag be allowed to fish for bluefin tuna for farming purposes in the Adriatic Sea (FAO fishing area 37.2.1) from 26 May until 15 July of each year.

4. By way of derogation from paragraph 1, if a Member State provides evidence to the Commission that, due to weather conditions, some of its purse seine vessels fishing for bluefin tuna in the eastern Atlantic and the Mediterranean were unable to utilise their normal fishing days during a year, that Member State may decide that, for individual purse seine vessels affected by that situation, the fishing season referred in paragraph 1 be extended by an equivalent number of lost days up to 10 days. The inactivity of the vessels concerned, and in the case of a joint fishing operation of all vessels involved, shall be duly justified with weather reports and vessel monitoring system (VMS) positions.

5. Bluefin tuna fishing shall be permitted in the eastern Atlantic and the Mediterranean by large-scale pelagic longline vessels during the period from 1 January to 31 May.

6. Member States shall establish fishing seasons for their fleets, other than purse seine vessels and large scale pelagic longline vessels, in their annual fishing plans.

Article 18

Landing obligation

This Chapter shall be without prejudice to Article 15 of Regulation (EU) No 1380/2013, including any applicable derogations thereto.

Article 19

Minimum conservation reference size

1. It shall be prohibited to catch, retain on board, tranship, transfer, land, transport, store, sell, display or offer for sale bluefin tuna weighing less than 30 kg or with a fork length of less than 115 cm, including when caught as by-catch or in recreational fisheries.

2. By way of derogation from paragraph 1, a minimum conservation reference size for bluefin tuna of 8 kg or 75 cm fork length shall apply to the following fisheries:

(a)bluefin tuna caught in the eastern Atlantic by baitboats and trolling boats;

(b)bluefin tuna caught in the Mediterranean by the small-scale costal fleet fishery for fresh fish by baitboats, longliners and handliners; and

(c)bluefin tuna caught in the Adriatic Sea by vessels flying the flag of Croatia for farming purposes.

3. Specific conditions applying to the derogation referred in paragraph 2 are set out in Annex I.

4. Member States shall issue a fishing authorisation to vessels fishing under the derogations referred to in paragraphs 2 and 3 of Annex I. The vessels concerned shall be indicated in the list of catching vessels referred to in Article 26.

5. Fish below the minimum conservation reference sizes set out in this Article that are discarded dead shall be counted against the quota of the Member State concerned.

Article 20

Incidental catches below the minimum conservation reference size

1. By way of derogation from Article 19(1), all catching vessels and traps fishing actively for bluefin tuna shall be allowed a maximum of 5 % by number of incidental catches of bluefin tuna weighing between 8 and 30 kg or, alternatively, with a fork length between 75 and 115 cm.

2. The percentage of 5 % referred to in paragraph 1 shall be calculated on the basis of the total catches of bluefin tuna retained on board a vessel, or inside the trap, at any time after each fishing operation.

3. Incidental catches shall be deducted from the quota of the Member State responsible for the catching vessel or trap.

4. Incidental catches of bluefin tuna below the minimum conservation reference size shall be subject to Articles 31, 33, 34 and 35.

Article 21

By-catches

1. Each Member State shall make provision for by-catch of bluefin tuna within its quota and shall inform the Commission thereof when submitting its fishing plan.

2. The level of authorised by-catches, which shall not exceed 20 % of the total catches on board at the end of each fishing trip, and the methodology used to calculate those by-catches in relation to the total catch on board, shall be clearly defined in the annual fishing plan as referred to in Article 11. The percentage of by-catches may be calculated in weight or in number of individuals. The calculation in number of individuals shall only apply to tuna and tuna-like species managed by the ICCAT. The level of authorised by-catches for the small-scale coastal vessels fleet may be calculated on an annual basis.

3. All by-catches of dead bluefin tuna that are retained on board or discarded shall be deducted from the quota of the flag Member State and recorded and reported to the Commission in accordance with Articles 31 and 32.

4. For Member States without a bluefin tuna quota, the by-catches concerned shall be deducted from the specific Union bluefin tuna by-catch quota established in accordance with Article 43(3) TFEU and Article 16 of Regulation (EU) No 1380/2013.

5. If the total quota allocated to a Member State has been exhausted, the catching of any bluefin tuna shall not be permitted by vessels flying its flag and that Member State shall take the necessary measures to ensure the release of the bluefin tuna caught as by-catch. If the specific Union bluefin tuna by-catch quota established in accordance with Article 43(3) TFEU and Article 16 of Regulation (EU) No 1380/2013 has been exhausted, the catching of any bluefin tuna shall not be permitted by vessels flying the flag of Member States without a bluefin tuna quota, and those Member States shall take the necessary measures to ensure the release of the bluefin tuna caught as by-catch. In those cases, the processing and commercialisation of dead bluefin tuna shall be prohibited and all catches shall be recorded. Member States shall report information on such quantities of dead bluefin tuna by-catch on an annual basis to the Commission, which shall transmit that information to the ICCAT Secretariat.

6. Vessels not fishing actively for bluefin tuna shall clearly separate any quantity of bluefin tuna retained on board from other species, to allow control authorities to monitor compliance with this Article. Those by-catches may be marketed insofar as they are accompanied by the eBCD.

Article 22

Use of aerial means

It shall be prohibited to use any aerial means, including aircraft, helicopters or any types of unmanned aerial vehicles to search for bluefin tuna.

CHAPTER IV - Recreational fisheries


Article 23

Specific quota for recreational fisheries

1. Each Member State with a bluefin tuna quota shall regulate recreational fisheries by allocating a specific quota for the purpose of those fisheries. Possible dead bluefin tuna shall be taken into account in such allocation, including in the framework of catch-and-release fishing. Member States shall inform the Commission of the quota allocated to recreational fisheries when submitting their fishing plans.

2. Catches of dead bluefin tuna shall be reported and counted against the quota of the Member State.

Article 24

Specific conditions for recreational fisheries

1. Each Member State with a bluefin tuna quota allocated to recreational fisheries shall regulate recreational fisheries by issuing fishing authorisations to vessels for the purpose of recreational fishing. Upon request by ICCAT, Member States shall make available to the Commission the list of recreational vessels which have been granted a fishing authorisation to catch bluefin tuna. The Commission shall forward that list to ICCAT. The list shall contain the following information for each vessel:

(a)name of vessel;

(b)register number;

(c)ICCAT record number (if any);

(d)any previous name; and

(e)name and address of owner(s) and operator(s).

2. In recreational fisheries, it shall be prohibited to catch, retain on board, tranship or land more than one bluefin tuna per vessel per day.

3. The marketing of bluefin tuna caught in recreational fisheries shall be prohibited.

4. Each Member State shall record catch data including the weight and, where possible, the length of each bluefin tuna caught in recreational fisheries and communicate the data for the preceding year to the Commission by 30 June each year. The Commission shall forward that information to the ICCAT Secretariat.

5. Each Member State shall take the measures necessary to ensure, to the greatest extent possible, the release of bluefin tuna, especially juveniles, caught alive in recreational fisheries. Any bluefin tuna landed shall be whole, gilled and/or gutted.

Article 25

Catch, tag and release

1. By way of derogation from Article 23(1), Member States authorising ‘catch and release’ fishing in the north-east Atlantic conducted exclusively by sport fisheries vessels may allow a limited number of sport fishery vessels to target bluefin tuna with the purpose of catch, tag and release’ fishing without the need to allocate a specific quota to them. Such vessels shall operate in the context of a scientific project of a research institute integrated in a scientific research programme. The results of the project shall be communicated to the relevant authorities of the flag Member State.

2. Vessels conducting scientific research under the ICCAT Research Programme for bluefin tuna shall not be deemed to conduct ‘catch, tag and release’ activities as referred to in paragraph 1.

3. Member States authorising ‘catch, tag and release’ activities, shall:

(a)submit description of those activities and the measures applicable thereto as an integral part of their fishing and inspection plans referred to in Articles 12 and 15;

(b)closely monitor the activities of the vessels concerned to ensure their compliance with this Regulation;

(c)ensure that the tagging and releasing operations are performed by trained personnel to ensure a high survival rate of the individuals; and

(d)submit an annual report to the Commission, by 30 June each year, on the scientific activities conducted. The Commission shall forward the report to the ICCAT Secretariat 60 days before the SCRS meeting of the following year.

4. Any bluefin tuna that dies during ‘catch, tag and release’ activities shall be reported and deducted from the quota of the flag Member State.

CHAPTER V - Control measures

Section 1 - Lists and records of vessels and traps



Article 26

Lists and records of vessels

1. Each year, one month before the start of the period of authorisation, Member States shall submit to the Commission the following vessel lists in the format set out in the last version of the ICCAT Guidelines for submitting data and information:

(a)a list of all catching vessels authorised to fish actively for bluefin tuna; and

(b)a list of all other fishing vessels used for the purposes of commercial exploitation of bluefin tuna resources.

The Commission shall forward that information to the ICCAT Secretariat 15 days before the start of the fishing activity, so that those vessels can be entered into the ICCAT record of authorised vessels and, if relevant, into the ICCAT record of vessels 20 metres in length overall or greater authorised to operate in the Convention Area.

2. During a calendar year, a fishing vessel may be included in both of the lists referred to in paragraph 1 provided that it is not included in both lists at the same time.

3. The information on vessels referred to in points (a) and (b) of paragraph 1 shall contain the vessel’s name and Union fleet register number (CFR) as defined in Annex I to Commission Implementing Regulation (EU) 2017/218 (20).

4. The Commission shall not accept any retroactive submission of the lists referred to in paragraph 1.

5. Subsequent changes to the lists referred to in paragraph 1, during a calendar year, shall only be accepted if a notified fishing vessel is prevented from participating in the fishery due to legitimate operational reasons or force majeure. In such circumstances, the Member State concerned shall immediately inform the Commission of that fact, and shall provide:

(a)full details of the fishing vessel(s) intended to replace that fishing vessel; and

(b)a comprehensive account of the reason justifying the replacement and any relevant supporting evidence or references.

6. The Commission shall, if necessary, modify during the year the information on the vessels referred to in paragraph 1 of this article, by providing updated information to the ICCAT Secretariat in accordance with Article 7(6) of Regulation (EU) 2017/2403.

Article 27

Fishing authorisations for vessels

1. Member States shall issue fishing authorisations to vessels included in one of the lists referred to in Article 26(1) and (5). Fishing authorisations shall contain as a minimum the information set out in Annex VII and shall be issued in the format laid down in that Annex. Member States shall ensure that the information contained in the fishing authorisation is accurate and consistent with this Regulation.

2. Without prejudice to Article 21(6), Union fishing vessels not entered into the ICCAT records referred to in Article 26(1) shall be deemed not to be authorised to fish for, retain on board, tranship, transport, transfer, process or land bluefin tuna in the eastern Atlantic and the Mediterranean.

3. The flag Member State shall withdraw the fishing authorisation for bluefin tuna issued to a vessel, and may require the vessel to proceed immediately to a port designated by it, when the individual quota assigned to the vessel is exhausted.

Article 28

Lists and records of traps authorised to fish for bluefin tuna

1. As part of their fishing plans, each Member State shall submit, a list of traps authorised to fish for bluefin tuna in the eastern Atlantic and the Mediterranean to the Commission. The Commission shall forward that information to the ICCAT Secretariat so that those traps can be entered into the ICCAT record of traps authorised to fish for bluefin tuna.

2. Member States shall issue fishing authorisations for traps included in the list referred to in paragraph 1. Fishing authorisations shall contain as a minimum the information and use the format set out in Annex VII. Member States shall ensure that the information contained in the fishing authorisation is accurate and consistent with this Regulation.

3. Union traps not entered into the ICCAT record of traps authorised to fish for bluefin tuna shall not be deemed to be authorised to fish for bluefin tuna in the eastern Atlantic and the Mediterranean. It shall be prohibited to retain on board, transfer, cage or land bluefin tuna caught by those traps.

4. The flag Member State shall withdraw the fishing authorisation for bluefin tuna issued to traps when the quota assigned to them is deemed exhausted.

Article 29

Information on fishing activities

1. By 15 July each year, each Member State shall submit to the Commission detailed information on bluefin tuna catches in the eastern Atlantic and the Mediterranean in the preceding year. The Commission shall forward that information to the ICCAT Secretariat by 31 July each year. This information shall include:

(a)the name and ICCAT number of each catching vessel;

(b)the period of authorisation(s) for each catching vessel;

(c)the total catches of each catching vessel, including zero catches, throughout the period of authorisation(s);

(d)the total number of days each catching vessel fished in the eastern Atlantic and the Mediterranean throughout the period of authorisation(s); and

(e)the total catch outside their period of authorisation (by-catch).

2. Member States shall submit the following information to the Commission for fishing vessels flying their flag which were not authorised to fish actively for bluefin tuna in the eastern Atlantic and the Mediterranean but which caught bluefin tuna as by-catch:

(a)the name and ICCAT number or, if not registered with ICCAT, the national registry number of the vessel; and

(b)the total catches of bluefin tuna.

3. Member States shall notify the Commission of any information concerning any vessels not included in paragraphs 1 and 2 but known or presumed to have fished for bluefin tuna in the eastern Atlantic and the Mediterranean. The Commission shall transmit that information to the ICCAT Secretariat as soon as the information is available.

Article 30

Joint fishing operations

1. Any joint fishing operation for bluefin tuna shall only be allowed if participating vessels are authorised by the flag Member State(s). To be authorised, each purse seine vessel shall be required to be equipped to fish for bluefin tuna, to have an individual quota, and to comply with the reporting obligations set out in Article 32.

2. The quota allocated to a joint fishing operation shall be equal to the total of the quotas allocated to participating purse seine vessels.

3. Union purse seine vessels shall not engage in joint fishing operations with purse seine vessels from other CPCs.

4. The application form for the authorisation to participate in a joint fishing operation is set out in Annex IV. Each Member State shall take the necessary measures to obtain the following information from its purse seine vessels participating in a joint fishing operation:

(a)the requested period of authorisation of the joint fishing operation;

(b)the identity of the operators involved;

(c)the individual vessels’ quotas;

(d)the allocation key between the vessels for the catches involved; and

(e)information on the farms of destination.

5. At least 10 days before the start of the joint fishing operation, each Member State shall submit the information referred to in paragraph 4 to the Commission in the format set out in Annex IV. The Commission shall forward that information to the ICCAT Secretariat and to the flag Member State of other fishing vessels participating in the joint fishing operation, at least 5 days before the start of the fishing operation.

6. In the event of force majeure, the deadlines set out in paragraph 5 shall not apply as regards the information on the farms of destination. In such cases, Member States shall submit to the Commission an update of that information as soon as possible, together with a description of the events constituting force majeure. The Commission shall forward that information to the ICCAT Secretariat.

Section 2 - Catch recording



Article 31

Recording requirements

1. Masters of Union catching vessels shall maintain a fishing logbook of their operations in accordance with Articles 14, 15, 23 and 24 of Regulation (EC) No 1224/2009 and Section A of Annex II to this Regulation.

2. Masters of Union towing vessels, auxiliary vessels and processing vessels shall record their activities in accordance with the requirements set out in Sections B, C and D of Annex II.

Article 32

Catch reports sent by masters and trap operators

1. Masters of Union catching vessels fishing actively shall send to their flag Member States daily catch reports during the whole period in which they are authorised to fish for bluefin tuna. Those reports shall not be obligatory for vessels in port, except if they are engaged in a joint fishing operation. The data in the reports shall be taken from logbooks and shall include date, time, location (latitude and longitude) and the weight and number of bluefin tuna caught in the Convention Area, including releases and discards of dead fish. Masters shall send the reports in the format set out in Annex III or in a format required by the Member State.

2. Masters of purse seine vessels shall produce the daily catch reports referred to in paragraph 1 for each fishing operation, including operations where the catch was zero. The reports shall be sent by the master of the vessel or his authorised representatives to his flag Member State by 9:00 GMT for the preceding day.

3. Trap operators or their authorised representatives fishing actively for bluefin tuna shall produce daily reports and shall send them to their flag Member States within every 48 hours during the whole period in which they are authorised to fish bluefin tuna. Those reports shall include the ICCAT register number of the trap, date and time of the catch, weight and number of bluefin tuna caught, including where the catch is zero, releases and discards of dead fish. They shall send that information in the format set out in Annex III.

4. Masters of catching vessels other than purse seine vessels, shall transmit to their flag Member States the reports referred to in paragraph 1 by Tuesday 12:00 GMT for the preceding week ending on Sunday.

Section 3 - Landings and transhipments



Article 33

Designated ports

1. Each Member State that has been allocated a bluefin tuna quota shall designate ports where landing or transhipping operations of bluefin tuna are authorised. The information on designated ports shall be included in the annual fishing plan referred to in Article 11. Member States shall inform the Commission without delay of any amendment to the information on designated ports. The Commission shall communicate that information to the ICCAT Secretariat without delay.

2. For a port to be determined as a designated port, the port Member State shall ensure that the following conditions are met:

(a)established landing and transhipment times;

(b)established landing and transhipment places; and

(c)established inspection and surveillance procedures ensuring inspection coverages during all landing and transhipment times and at all landing and transhipment places in accordance with Article 35.

3. It shall be prohibited to land or tranship from catching vessels, as well as processing vessels and auxiliary vessels, any quantity of bluefin tuna fished in the eastern Atlantic and the Mediterranean at any place other than ports designated by CPCs and Member States. Exceptionally, dead bluefin tuna, harvested from a trap or cage, may be transported to a processing vessel using an auxiliary vessel, insofar as such transporting is conducted in the presence of the control authority.

Article 34

Prior notification of landings

1. Article 17 of Regulation (EC) No 1224/2009 shall apply to masters of Union fishing vessels of a length overall of 12 metres or more included in the list of vessels referred to in Article 26. The prior notification under Article 17 of Regulation (EC) No 1224/2009 shall be sent to the competent authority of Member State (including the flag Member State) or CPC whose ports or landing facility they wish to use.

2. At least four hours before the estimated time of arrival at the port, masters of Union fishing vessels below 12 metres in length overall including processing vessels and auxiliary vessels included in the list of vessels referred to in Article 26, or representatives of such vessels, shall notify the competent authority of the Member State (including the flag Member State) or the CPC whose ports or landing facility they wish to use, of at least the following information:

(a)estimated time of arrival;

(b)estimated quantity of bluefin tuna retained on board;

(c)information on the geographical area where the catches were taken;

(d)the external identification number and the name of the fishing vessels.

3. Where Member States are authorised under applicable Union law to apply a shorter notification period than the period of four hours before the estimated time of arrival, the estimated quantities of bluefin tuna retained on board may be notified at the applicable time of notification prior to arrival. If the fishing grounds are less than four hours from the port, the estimated quantities of bluefin tuna retained on board may be modified at any time prior to arrival.

4. The authorities of the port Member State shall keep a record of all prior notifications for the current year.

5. All landings in the Union shall be controlled by the relevant control authorities of the port Member State and a percentage shall be inspected based on a risk assessment system involving quotas, fleet size and fishing effort. Full details of such control system adopted by each Member State shall be set out in the annual inspection plan referred to in Article 14.

6. Masters of Union catching vessels, whatever the length overall of the vessel, shall submit, within 48 hours after the completion of the landing, a landing declaration to the competent authorities of the Member State or CPC where the landing takes place and to its flag Member State. The master of the Union catching vessel shall be responsible for, and certify, the completeness and accuracy of the declaration. The landing declaration shall indicate, as a minimum requirement, the quantities of bluefin tuna landed and the area where they were caught. All landed catches shall be weighed. The port Member State shall send a record of the landing to the authorities of the flag Member State or CPC, 48 hours after the completion of the landing.

Article 35

Transhipments

1. Transhipment at sea by Union fishing vessels carrying on board bluefin tuna, or by third country vessels in Union waters, shall be prohibited in all circumstances.

2. Without prejudice to Article 52(2) and (3), Article 54 and Article 57 of Regulation (EU) 2017/2107, fishing vessels shall only tranship bluefin tuna catches in designated ports as referred to in Article 33 of this Regulation.

3. The master of the receiving fishing vessel, or the master’s representative, shall provide the relevant authorities of the port State at least 72 hours before the estimated time of arrival at port, with the information listed in the transhipment declaration template set out in Annex V. Any transhipment shall require the prior authorisation from the flag Member State or flag CPC of the transhipping fishing vessel concerned. Furthermore, the master of the transhipping vessel shall, at the time of the transhipment, inform its flag Member State or CPC of the dates required under Annex V.

4. The port Member State shall inspect the receiving vessel on arrival and check the quantities and documentation relating to the transhipment operation.

5. Masters of Union fishing vessels engaged in transhipment operations shall complete and transmit to their flag Member States the ICCAT transhipment declaration within 15 days after the completion of the transhipment. The masters of the transhipping fishing vessels shall complete the ICCAT transhipment declaration in accordance with Annex V. The transhipment declaration shall include the reference number of the eBCD to facilitate cross-checking of data contained thereof.

6. The port Member State shall send a record of the transhipment to the flag Member State or CPC authority of the transhipping fishing vessel, within 5 days after the completion of the transhipment.

7. All transhipments shall be inspected by the competent authorities of the designated port Member States.

Section 4 - Reporting obligations



Article 36

Weekly reports on quantities

Each Member State shall submit weekly catch reports to the Commission. Those reports shall include the data required under Article 32 as regards traps, purse seine vessels and other catching vessels. The information shall be structured by gear type. The Commission shall promptly forward that information to the ICCAT Secretariat.

Article 37

Information on quota exhaustion

1. In addition to complying with Article 34 of Regulation (EC) No 1224/2009, each Member State shall inform the Commission when the quota allocated to a gear group is deemed to have reached 80 %.

2. In addition to complying with Article 35 of Regulation (EC) No 1224/2009, each Member State shall inform the Commission when the quota allocated to a gear group or to a joint fishing operation or to a purse seine vessel is deemed to be exhausted. That information shall be accompanied by official documentation proving the fishing stop or the call back to port issued by the Member State for the fleet, the gear group, the joint fishing operation, or the vessels with an individual quota including a clear indication of the date and the time of the closure.

3. The Commission shall inform the ICCAT Secretariat of the dates when the Union quota of bluefin tuna has been exhausted.

Section 5 - Observer programmes



Article 38

National observer programme

1. Each Member State shall ensure that the deployment of national observers, issued with an official identification document, on fishing vessels and traps active in the bluefin tuna fishery covers at least:

(a)20 % of its active pelagic trawlers (over 15 metres);

(b)20 % of its active longline vessels (over 15 metres);

(c)20 % of its active baitboats (over 15 metres);

(d)100 % of towing vessels;

(e)100 % of harvesting operations from traps.

Member States with fewer than five catching vessels belonging to the categories listed in points (a), (b) and (c) of the first subparagraph and authorised to fish actively for bluefin tuna shall ensure that the deployment of national observers covers at least 20 % of the time the vessels are active in the bluefin tuna fishery.

2. The national observer tasks shall be, in particular, the following:

(a)to monitor compliance with this Regulation by fishing vessels and traps;

(b)to record and report the fishing activity, including the following:

(i)amount of catch (including by-catch), and catch disposition (retained on board or discarded dead or alive);

(ii)area of catch by latitude and longitude;

(iii)measure of effort (such as the number of sets, number of hooks), as defined in the ICCAT Field Manual for different gears;

(iv)date of catch;

(c)to verify entries made in the logbook;

(d)to sight and record vessels that may be fishing contrary to ICCAT conservation measures.

3. In addition to the tasks referred to in paragraph 2, national observers shall carry out scientific work, including the collection of necessary data, based on the guidelines from the SCRS.

4. Data and information collected under each Member State’s observer programme shall be provided to the Commission. The Commission shall forward those data and that information to the SCRS or the ICCAT Secretariat, as appropriate.

5. For the purposes of paragraphs 1 to 3, each Member State shall ensure:

(a)representative temporal and spatial coverage to ensure that the Commission receives adequate and appropriate data and information on catch, effort and other scientific and management aspects, taking into account characteristics of the fleets and fisheries;

(b)robust data collection protocols;

(c)that observers are properly trained and approved before deployment;

(d)to the extent practicable, minimal disruption to the operations of vessels and traps fishing in the Convention Area.

Article 39

ICCAT regional observer programme

1. Member States shall ensure the effective implementation of the ICCAT regional observer programme as set out in this Article and in Annex VIII.

2. Member States shall ensure that an ICCAT regional observer is present:

(a)on all purse seine vessels authorised to fish bluefin tuna;

(b)during all transfers of bluefin tuna from purse seine vessels;

(c)during all transfers of bluefin tuna from traps to transport cages;

(d)during all transfers of bluefin tuna from one farm to another;

(e)during all cagings of bluefin tuna in farms;

(f)during all harvesting of bluefin tuna from farms; and

(g)during the release of bluefin tuna from farming cages into the sea.

3. Purse seine vessels without an ICCAT regional observer shall not be authorised to fish for bluefin tuna.

4. Member States shall ensure that one ICCAT regional observer is assigned to each farm for the whole period of caging operations. In the event of force majeure, and following confirmation by the farming Member State of those circumstances that constitute force majeure, an ICCAT regional observer may be shared by more than one farm to guarantee the continuity of farming operations, if it is ensured that the observer tasks are duly accomplished. However, the Member State responsible for the farms shall immediately request the deployment of an additional regional observer.

5. The ICCAT regional observers’ tasks shall be, in particular to:

(a)observe and monitor fishing and farming operations in compliance with the relevant ICCAT conservation and management measures, including through access to stereoscopic camera footage at the time of caging that enables the measuring of length and the estimation of the corresponding weight;

(b)sign the ITDs and BCDs when the information contained therein is consistent with their own observations. Otherwise, the ICCAT regional observer shall indicate his/her presence on the ITDs and BCDs and the reasons of disagreement quoting specifically the rule(s) or procedure(s) that has not been respected;

(c)carry out scientific work, including collecting samples, based on the guidelines from the SCRS.

6. Masters, crew, and farm, trap and vessel operators shall not obstruct, intimidate, interfere with, or influence by any means regional observers in the performance of their duties.

Section 6 - Transfer operations



Article 40

Transfer authorisation

1. Before any transfer operation, the master of the catching or towing vessel or the master’s representatives or the operator of the farm or trap where the transfer originates, shall send to the flag Member State, or to the Member State responsible for the farm or trap, a prior transfer notification indicating:

(a)the name of the catching vessel or farm or trap and ICCAT record number;

(b)the estimated time of transfer;

(c)the estimated quantity of bluefin tuna to be transferred;

(d)information on the position (latitude/longitude) where the transfer will take place and cage identification numbers;

(e)the name of the towing vessel, number of cages towed and ICCAT record number where appropriate; and

(f)the destination port, farm or cage of the bluefin tuna.

2. For the purposes of paragraph 1, Member States shall assign a unique number to each transport cage. If several transport cages need to be used when transferring a catch corresponding to one fishing operation, only one ITD is required, but the numbers of each transport cage used shall be recorded in the ITD, clearly indicating the quantity of bluefin tuna transported in each cage.

3. Cage numbers shall be issued with a unique numbering system that includes at least the alpha-3 code corresponding to the farming Member State followed by three numbers. Unique cage numbers shall be permanent and shall not be transferable from one cage to another.

4. The Member State to which a transfer notification has been sent pursuant to paragraph 1 shall assign and communicate to the master of the fishing vessel, or operator of the trap or farm as appropriate, an authorisation number for each transfer operation. The authorisation number shall include the three-letter Member State code, four numbers showing the year and three letters indicating either positive authorisation (AUT) or negative (NEG) followed by sequential numbers.

5. The Member State to which a transfer notification has been sent pursuant to paragraph 1 shall authorise or refuse to authorise the transfer within 48 hours following the submission of the prior transfer notification. The transfer operation shall not begin without the prior positive authorisation issued.

6. The transfer authorisation shall not prejudge the confirmation of the caging operation.

Article 41

Refusal of the transfer authorisation and release of bluefin tuna

1. The Member State to which a prior transfer notification has been sent pursuant to Article 40(1) shall refuse to authorise the transfer if, on receipt of the prior notification of transfer, it considers that:

(a)the catching vessel or the trap declared to have caught the fish did not have a sufficient quota;

(b)the quantity of fish has not been duly reported by the catching vessel or trap, or was not authorised to be caged;

(c)the catching vessel declared to have caught the fish did not have a valid authorisation to fish for bluefin tuna issued in accordance with Article 27; or

(d)the towing vessel declared to receive the transfer of fish is not registered in the ICCAT record of other fishing vessels referred to in Article 26, or is not equipped with a fully-functioning VMS or equivalent tracking device.

2. If the Member State to which a transfer notification has been sent pursuant to Article 40(1), refuses the transfer, it shall immediately issue a release order to the master of the catching or of the towing vessel or to the operator of the trap or farm as appropriate, to inform them that the transfer is not authorised and require them to release of the fish into the sea in accordance with Annex XII.

3. In the event of a technical failure of its VMS during the transport to the farm, the towing vessel shall be replaced by another towing vessel with a fully-functioning VMS, or a new operative VMS shall be installed or used, as soon as feasible and not later than 72 hours after that technical failure. That period of 72 hours may be exceptionally extended in the event of force majeure or legitimate operational constraints. The technical failure shall be immediately communicated to the Commission, which shall inform the ICCAT Secretariat. The master or the master’s representative shall, from the time the technical failure was detected until it is remedied, communicate every four hours to the control authorities of the flag Member State the updated geographical coordinates of the fishing vessel by appropriate telecommunication means.

Article 42

ICCAT transfer declaration

1. The masters of catching or towing vessels or the operator of the farm or trap shall complete and transmit to the responsible Member State the ITD at the end of the transfer operation in accordance with the format set out in Annex VI.

2. The ITD forms shall be numbered by the authorities of the Member State responsible for the fishing vessel, farm or trap from where the transfer originates. The number of the ITD form shall include the three-letter Member State code, followed by four numbers showing the year and three sequential numbers followed by the three letters ITD (MS-20**/xxx/ITD).

3. The original ITD shall accompany the transfer of fish. A copy of the declaration shall be kept by the catching vessel or trap and towing vessels.

4. Masters of vessels carrying out transfer operations shall report their activities in accordance with Annex II.

5. Information regarding dead fish shall be recorded in accordance with the procedures set out in Annex XIII.

Article 43

Monitoring by video camera

1. The master of the catching or towing vessel or the operator of the farm or trap shall ensure that the transfer is monitored by video camera in the water in order to verify the number of fish being transferred. The video recording shall be carried out in accordance with the minimum standards and procedures set out in Annex X.

2. Where the SCRS requests the Commission to provide copies of the video records, Member States shall provide those copies to the Commission, which shall forward them to the SCRS.

Article 44

Verification by ICCAT regional observers and conduct of investigations

1. ICCAT regional observers on board the catching vessel and trap, as referred to in Article 39 and Annex VIII, shall:

(a)record and report the transfer activities carried out;

(b)observe and estimate catches transferred; and

(c)verify entries made in the prior transfer authorisation, as referred to in Article 40, and in the ITD, as referred to in Article 42.

2. In cases where there is more than a 10 % difference in number of bluefin tuna individuals between the estimates made either by the regional observer, relevant control authorities or the master of the catching or towing vessel, or by the operator of the trap or farm, an investigation shall be initiated by the responsible Member State. Such investigation shall be concluded prior to the time of caging at the farm and in any event within 96 hours of the investigation being initiated, except in cases of force majeure. Pending the results of the investigation, caging shall not be authorised and the relevant section of the BCD shall not be validated.

3. However, in the event that the video record is of insufficient quality or clarity to estimate the quantities transferred, the master of the vessel or operator of the farm or trap may request the authorities of the responsible Member State to be authorised to conduct a new transfer operation and to provide the corresponding video record to the regional observer. If that voluntary control transfer is not performed with satisfactory results, the responsible Member State shall initiate an investigation. If after that investigation, it is confirmed that the video record is of insufficient quality or clarity to estimate the quantities transferred, the control authorities of the responsible Member State shall order another control transfer operation and provide the corresponding video record to the ICCAT regional observer. New transfers shall be conducted as control transfers until the quality of the video record is such to allow the quantities transferred to be estimated.

4. Without prejudice to the verifications conducted by inspectors, the ICCAT regional observers shall sign the ITD only where their observations are in accordance with ICCAT conservation and management measures and the information contained in the ITD is consistent with their observations and includes a compliant video record in accordance with paragraphs 1, 2 and 3. The ICCAT observers shall also verify that the ITD is transmitted to the master of the towing vessel or operator of the farm or trap representative where applicable. If the ICCAT observers are not in agreement with the ITD, the ICCAT observers shall indicate their presence on the ITDs and BCDs and the reasons for disagreement, quoting specially the rule(s) or procedure(s) that have not been respected.

5. The master of the catching or towing vessels or the operators of the farm or trap shall complete and transmit to the responsible Member State the ITD, at the end of the transfer operation, in accordance with the format set out in Annex VI. Member States shall forward the ITD to the Commission.

Article 45

Implementing acts

The Commission may adopt implementing acts laying down operational procedures for the application of this Section. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68.

Section 7 - Caging operations



Article 46

Caging authorisation and possible refusal of an authorisation

1. Prior to the start of caging operations for each transport cage, the anchoring of transport cages within 0,5 nautical miles of farming facilities shall be prohibited. To that end, geographical coordinates corresponding to the polygon where the farm is placed shall be available in the farming management plans referred to in Article 15.

2. Before any caging operation, the Member State responsible for the farm shall request the approval of the caging by the Member State or CPC responsible for the catching vessel or trap which caught the bluefin tuna to be caged.

3. The competent authority of the Member State responsible for the catching vessel or trap shall refuse to approve the caging if it considers that:

(a)the catching vessel or trap which caught the fish did not have a sufficient quota for bluefin tuna;

(b)the quantity of fish has not been duly reported by the catching vessel or trap; or

(c)the catching vessel or trap declared to have caught the fish does not have a valid authorisation to fish for bluefin tuna, issued in accordance with Article 27.

4. If the Member State responsible for the catching vessel or trap refuses to approve the caging, it shall:

(a)inform the competent authority of the Member State or CPC responsible for the farm; and

(b)request that competent authority to proceed to the seizure of the catches and the release of the fish into the sea.

5. The caging shall not begin without the approval, issued within one working day of the request, by the Member State or CPC responsible for the catching vessels or trap, or by the Member State responsible for the farm if agreed with the authorities of Member State or CPC responsible for the catching vessels or trap. If, within one working day, no response is received from the authorities of the Member State or CPC responsible for the catching vessel or trap, the competent authorities of the Member State responsible for the farm may authorise the caging operation.

6. Fish shall be caged before 22 August of each year, unless the competent authorities of the Member State or CPC responsible for the farm provide valid reasons including force majeure, which shall accompany the caging report when submitted. In any event, the fish shall not be caged after 7 September of each year.

Article 47

Bluefin tuna catch documentation

1. It shall be prohibited for Member States responsible for farms to cage bluefin tuna not accompanied by the documents required by ICCAT in the framework of the catch documentation programme of Regulation (EU) No 640/2010. The documentation shall be accurate and complete, and shall be validated by the Member State or CPC responsible for the catching vessels or traps.

2. Member States shall not place bluefin tuna in a farm not authorised by the Member State or CPC or not listed in the ICCAT record of farming facilities.

3. Member States responsible for farms shall ensure that bluefin tuna catches are placed in separate cages or series of cages and partitioned on the basis of flag Member State or CPC of origin. By way of derogation, if the bluefin tuna are caught in the context of a joint fishing operation between different Member States, Member States responsible for farms shall ensure that bluefin tuna are placed in separate cages or series of cages and partitioned on the basis of joint fishing operations and catch year.

Article 48

Inspections

Member States responsible for farms shall take the necessary measures to inspect each caging operation in the farms.

Article 49

Monitoring by video camera

Member States responsible for farms shall ensure that caging operations are monitored by their control authorities by video camera in the water. One video record shall be produced for each caging operation in accordance with the procedures set out in Annex X.

Article 50

Launching and conduct of investigations

Where there is a difference of more than 10 % in number between the estimates made by either the ICCAT regional observer, relevant Member States control authorities and/or the farm operator, the Member State responsible for the farm shall initiate an investigation in cooperation with the Member State or CPC responsible for the catching vessel and/or trap. The Member State undertaking the investigations may use other information at its disposal, including the results of the caging programmes referred to in Article 51.

Article 51

Measures and programmes to estimate the number and weight of bluefin tuna to be caged

1. Member States shall ensure that a programme using stereoscopic camera systems or alternative methods that ensure the same level of precision and accuracy covers 100 % of all caging operations, in order to estimate the number and weight of the fish.

2. That programme shall be conducted in accordance with the procedures set out in Annex XI. Alternative methods may only be used if they have been endorsed by ICCAT during its annual meeting.

3. The Member State responsible for the farm shall communicate the results of the programme to the Member State or CPC responsible for the catching vessels, and to the entity operating the regional observer programme on behalf of ICCAT.

4. When, for a single catching operation, the results of the programme indicate that the number of caged bluefin tuna individuals differs by more than 10 % from the quantities reported caught and/or transferred, the Member State responsible for the catching vessel or trap shall launch an investigation to determine the accurate catch weight that shall be deducted from the national bluefin tuna quota, in accordance with paragraph 9.

5. When the Member State or CPC responsible for the catching vessel or trap launches an investigation, the Member State responsible for the farm shall cooperate fully and shall provide the investigating Member State or CPC with all the complementary information requested including the results of the analysis of the video footage concerned, and shall inform the Commission immediately.

6. Member States’ competent authorities, including those whose vessels have been involved in the transport of the fish, shall cooperate actively, including through the exchange of all information and documentation at their disposal.

7. The competent authority of the Member State responsible for the catching vessel or trap shall conclude the investigation within one month from the communication of the caging results by the competent authority of the Member State responsible for the farm.

8. A difference greater than 10 % between the number of bluefin tuna reported caught by the vessel or trap concerned and the number determined by the competent authority of the Member State responsible for the catching vessel or the trap as a result of the investigation shall constitute potential non-compliance of the vessel or trap concerned.

9. Where an investigation concludes that bluefin tuna individuals are missing, the weight of the missing fish shall be deducted from the quota of the Member State responsible for the catching vessel or trap, as applicable, by applying the average individual weight at caging communicated by the competent authority of the Member State responsible for the farm, to the number of bluefin tuna in the catch as determined by the competent authority of the Member State responsible for the fishing vessel or trap resulting from its analysis of the first transfer video footage in the context of the investigation.

10. Notwithstanding paragraph 9, after the consultation of the competent authorities of the Member State or CPC responsible for the fishing vessel involved in the transport of fish to the destination farm, the competent authorities of the Member State responsible for the catching vessel or trap and the Commission may decide not to deduct from the national quota the fish determined in the investigation as having been lost, when the losses have been duly documented as force majeure by the operator, the relevant information has been communicated to the competent authority of the Member State responsible for the operator and the Commission immediately after the event and the losses did not result in known mortalities.

11. The Member State responsible for the catching vessel or trap shall issue a release order, in accordance with the procedures set out in Annex XII, for the quantities caged which exceed the quantities declared caught and transferred, if:

(a)the investigation referred to in paragraph 4 is not concluded within 10 working days from the communication of the results of the programme, for a single caging operation, or of all caging operations from a joint fishing operation; or

(b)the outcome of the investigation indicates that the number and/or average weight of bluefin tuna is in excess of that declared caught and transferred;

The release of the excess shall be conducted in the presence of control authorities.

12. The results of the programme shall be used to decide if releases are required and the caging declarations and relevant sections of the BCD shall be completed accordingly. When a release order has been issued, the farm operator shall request the presence of a national control authority and an ICCAT regional observer to monitor the release.

13. Member States shall submit the results of the programme to the Commission by 1 September of each year. In the event of force majeure in the caging, Member States shall submit those results before 12 September of each year. The Commission shall transmit that information to the SCRS by 15 September of each year for evaluation.

14. The transfer of live bluefin tuna from one farming cage to another farming cage shall not take place without the authorisation and the presence of control authorities of the Member State or CPC responsible for the farm. Each transfer shall be recorded to control the number of individuals. National control authorities shall monitor those transfers and ensure that each intra-farm transfer is recorded in the e-BCD system.

Article 52

Caging declaration and caging report

1. Within 72 hours after the end of each caging operation, a farm operator shall submit a caging declaration as provided for in Annex XIV to their competent authority.

2. In addition to the caging declaration referred to in paragraph 1, a Member State responsible for the farm shall submit one week from the completion of the caging operation, a caging report containing the elements set out in Section B of Annex XI to the Member State or CPC whose vessels or traps have caught the bluefin tuna, and to the Commission. The Commission shall transmit that information to the ICCAT Secretariat.

3. For the purpose of paragraph 2, a caging operation shall not be deemed to be completed until any investigation launched and any release operation ordered is concluded.

Article 53

Intra-farm transfers and random controls

1. A Member State responsible for a farm shall put in place a traceability system, including the video-recording of internal transfers.

2. The control authorities of the Member State responsible for a farm shall undertake random controls, on the basis of a risk analysis, on bluefin tuna kept in farm cages between the time of completion of caging operations in a year and the first caging in the following year.

3. For the purpose of paragraph 2, the Member State responsible for a farm shall establish a minimum percentage of fish to be controlled. That percentage shall be set out in the annual inspection plan referred to in Article 14. Each Member State shall communicate to the Commission the results of the random controls carried out each year. The Commission shall transmit those results to the ICCAT Secretariat in April of the year following the period of the relevant quota.

Article 54

Access to and requirements for video records

1. The Member State responsible for a farm shall ensure that the video records referred to in Articles 49 and 51 are made available upon request to the national inspectors, as well as to regional and ICCAT inspectors and to ICCAT and national observers.

2. The Member State responsible for a farm shall take the necessary measures to avoid any replacement, editing or manipulation of the original video records.

Article 55

Annual caging report

Member States subject to the obligation of submitting caging declarations and reports under Article 52 shall submit a caging report to the Commission each year by 31 July for the previous year. The Commission shall forward that information to the ICCAT Secretariat before 31 August each year. The report shall contain the following information:

(a)the total amount of bluefin tuna caged by farm, including loss in number and weight during the transportation to the cages by farm, carried out by fishing vessels and by traps;

(b)the list of vessels that fish for, provide or transport bluefin tuna for farming purposes (name of the vessel, flag, licence number, gear type) and traps;

(c)the results of the sampling programme for the estimation of the numbers-at-size of the bluefin tuna caught, as well as the date, time and area of catch and the fishing method used, in order to improve statistics for stock assessment purposes;

The sampling programme requires that size sampling (length or weight) at cages must be done on one sample (= 100 individuals) for every 100 tonnes of live fish, or on a 10 % sample of the total number of the caged fish. Size samples will be collected during harvesting at the farm and on the dead fish during transport, following the ICCAT Guidelines for submitting data and information. For fish farmed for more than one year, other additional sampling methodologies shall be established. The sampling shall be conducted during any harvesting, covering all cages;

(d)the quantities of bluefin tuna placed in cage and estimate of the growth and mortality while in captivity and of the amounts sold in tonnes. That information shall be provided per farm;

(e)the quantities of bluefin tuna caged during the previous year; and

(f)the quantities, broken down by their origin, marketed during the previous year.

Article 56

Implementing acts

The Commission may adopt implementing acts laying down procedures for the application of the provisions laid down in this Section. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68.

Section 8 - Monitoring and surveillance



Article 57

Vessel Monitoring System

1. By way of derogation from Article 9(5) of Regulation (EC) No 1224/2009, flag Member States shall implement VMS for their fishing vessels with a length overall equal to or greater than 12 metres in accordance with Annex XV.

2. Fishing vessels over 15 metres in length overall that are included in the list of vessels referred to in Article 26(1), point (a) or (b), shall begin to transmit VMS data to ICCAT at least 5 days before their period of authorisation and shall continue at least 5 days after their period of authorisation, unless a request is sent in advance to the Commission for the vessel to be removed from the ICCAT record of vessels.

3. For control purposes, the master or the master’s representative shall ensure that the transmission of VMS data from catching vessels that are authorised to fish actively for bluefin tuna is not interrupted when vessels are in port unless there is a system of hailing in and out of port.

4. Member States shall ensure that their fisheries monitoring centres forward to the Commission and a body designated by it, in real time and using the format ‘https data feed’, the VMS messages received from the fishing vessels flying their flag. The Commission shall forward those messages to the ICCAT Secretariat.

5. Member States shall ensure that:

(a)VMS messages from the fishing vessels flying their flag are forwarded to the Commission at least every two hours;

(b)in the event of technical malfunctioning of the VMS, alternative messages from the fishing vessels flying their flag received pursuant to Article 25(1) of Implementing Regulation (EU) No 404/2011 are forwarded to the Commission within 24 hours of receipt by their fisheries monitoring centres;

(c)messages forwarded to the Commission are sequentially numbered (with a unique identifier) in order to avoid duplication;

(d)messages forwarded to the Commission are in accordance with Article 24(3) of Implementing Regulation (EU) No 404/2011.

6. Each Member State shall ensure that all messages made available to its inspection vessels are treated in a confidential manner and are limited to inspection at sea operations.

Section 9 - Inspection and enforcement



Article 58

ICCAT Scheme of Joint International Inspection

1. Joint international inspection activities shall be carried out in accordance with the ICCAT Scheme of Joint International Inspection (‘the ICCAT scheme’) for international control outside the waters under national jurisdiction, as set out in Annex IX to this Regulation.

2. Member States whose fishing vessels are authorised to operate for bluefin tuna shall assign inspectors and carry out inspections at sea under the ICCAT scheme.

3. Where at any time, more than 15 fishing vessels flagged to a Member State are engaged in bluefin tuna activities in the Convention Area, the Member State concerned shall, on the basis of risk assessment, deploy an inspection vessel for the purpose of inspection and control at sea in the Convention Area throughout the period that those vessels are there. That obligation shall be deemed to have been complied with where Member States cooperate to deploy an inspection vessel or where a Union inspection vessel is deployed in the Convention Area.

4. The Commission or a body designated by it may assign Union inspectors to the ICCAT scheme.

5. For the purposes of paragraph 3, the Commission or a body designated by it shall coordinate the surveillance and inspection activities for the Union. The Commission may draw up, in coordination with the Member States concerned, joint inspection programmes to enable the Union to fulfil its obligation under the ICCAT scheme. Member States whose fishing vessels are engaged in the fishery of bluefin tuna shall adopt the necessary measures to facilitate the implementation of those programmes particularly as regards the human and material resources required and the periods when and geographical areas where those resources are to be deployed.

6. Member States shall inform the Commission by 1 April of each year of the names of the inspectors and the inspection vessels they intend to assign to the ICCAT scheme during the year. Using that information, the Commission shall draw up, in collaboration with the Member States, a plan for the Union participation in the ICCAT scheme each year, which it shall send to the ICCAT Secretariat and the Member States.

Article 59

Inspections in the event of infringements

The flag Member State shall ensure that a physical inspection of a fishing vessel flying its flag takes place under its authority in its ports, or by an inspector designated by it when the fishing vessel is not in one of its ports, if the fishing vessel:

(a)failed to comply with the recording and reporting requirements set out in Articles 31 and 32; or

(b)committed a breach of this Regulation or a serious infringement referred to in Article 42 of Regulation (EC) No 1005/2008 or in Article 90 of Regulation (EC) No 1224/2009.

Article 60

Cross-checks

1. Each Member State shall verify information and timely submission of inspection and observer reports, VMS data and, where appropriate, e-BCDs, logbooks of their fishing vessels, transfer and transhipment documents and catch documents, in accordance with Article 109 of Regulation (EC) No 1224/2009.

2. Each Member State shall carry out cross-checks on all landings, all transhipments or caging between the quantities by species recorded in the fishing vessel logbook or quantities by species recorded in the transhipment declaration and the quantities recorded in the landing declaration or caging declaration, and any other relevant document, such as invoices or sales notes.

Section 10 - Enforcement



Article 61

Enforcement

Without prejudice to Articles 89 to 91 of Regulation (EC) No 1224/2009 and in particular the duty of the Member States to take appropriate enforcement measures with respect to a fishing vessel, the Member State responsible for a farm for bluefin tuna shall take appropriate enforcement measures with respect to the farm, where it has been established, in accordance with national law that the farm does not comply with Articles 46 to 56 of this Regulation. Depending on the gravity of the offense and in accordance with the relevant provisions of national law such measures may include, in particular, suspension or withdrawal of the authorisation,fines or both. Member States shall communicate any suspension or withdrawal of an authorisation to the Commission, which shall notify it to the ICCAT Secretariat with a view to modifying the ‘record of bluefin tuna farming facilities’ accordingly.

CHAPTER VI - Marketing


Article 62

Marketing measures

1. Without prejudice to Regulations (EC) No 1224/2009 and (EC) No 1005/2008 and Regulation (EU) No 1379/2013 of the European Parliament and of the Council (21), Union trade, landing, import, export, placing in cages for fattening or farming, re-export and transhipment of bluefin tuna that are not accompanied by the accurate, complete and validated documentation as required under this Regulation or under other Union legal acts implementing ICCAT rules on the bluefin tuna catch documentation programme shall be prohibited.

2. Union trade, import, landing, placing in cages for fattening or farming, processing, export, re-export and transhipment of bluefin tuna shall be prohibited where:

(a)the bluefin tuna was caught by fishing vessels or traps the flag State of which does not have a quota or catch limit for bluefin tuna under the terms of ICCAT conservation and management measures; or

(b)the bluefin tuna was caught by a catching vessel or trap whose individual quota or whose State’s fishing opportunities were exhausted at the time of the catch.

3. Without prejudice to Regulations (EC) No 1224/2009, (EC) No 1005/2008 and (EU) No 1379/2013, Union trade, imports, landings, processing and exports of bluefin tuna from fattening or farming farms that do not comply with the Regulations referred to in paragraph 1 shall be prohibited.

CHAPTER VII - Final provisions


Article 63

Evaluation

Upon request from the Commission, Member States shall submit without delay a detailed report on their implementation of this Regulation to the Commission. Based on the information received from Member States, the Commission shall submit to the ICCAT Secretariat by the date decided by the ICCAT, a detailed report on the implementation of ICCAT Recommendation 19-04.

Article 64

Financing

For the purposes of Regulation (EU) No 508/2014 of the European Parliament and of the Council (22), this Regulation shall be deemed to be a multiannual plan within the meaning of Article 9 of Regulation (EU) No 1380/2013.

Article 65

Confidentiality

Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009.

Article 66

Procedure for amendments

1. The Commission is empowered to adopt delegated acts in accordance with Article 67 concerning amendments to this Regulation in order to adapt it to measures adopted by ICCAT that bind the Union and its Member States as regards:

(a)derogations from the prohibition under Article 8 on the carrying-over of unused quotas;

(b)deadlines for reporting information as laid down in Article 24(4), Article 26(1), Article 29(1), Article 32(2) and (3), Article 35(5) and (6), Article 36, Article 41(3), Article 44(2), Article 51(13), Article 52(2), Article 55, Article 57(5), point (b), and Article 58(6);

(c)time periods for fishing seasons as provided in Article 17(1) and (4);

(d)the minimum conservation reference size set out in Article 19(1) and (2) and Article 20(1);

(e)the percentages and reference parameters laid down in Article 13, Article 15(3) and (4), Article 20(1), Article 21(2), Article 38(1), Article 44(2), Article 50 and Article 51(8);

(f)the information to be submitted to the Commission referred to in Article 11(1), Article 24(1), Article 25(3), Article 29(1), Article 30(4), Article 34(2), Article 40(1) and Article 55;

(g)tasks for national observers and ICCAT regional observers as provided in Article 38(2) and Article 39(5), respectively;

(h)reasons to refuse the authorisation to transfer laid down in Article 41(1);

(i)reasons to seize the catches and order the release of fish of Article 46(4);

(j)the number of vessels set out in Article 58(3);

(k)Annexes I to XV.

2. Any amendments adopted in accordance with paragraph 1 shall be strictly limited to the implementation of amendments and/or supplements to the respective ICCAT recommendations which are binding on the Union.

Article 67

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 66 shall be conferred on the Commission for a period of five years from 17 October 2023. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 66 may be revoked at any time by the European Parliament or the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 66 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament or the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 68

Committee procedure

1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established under Article 47 of Regulation (EU) No 1380/2013. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 69

Amendments to Regulation (EC) No 1936/2001

Regulation (EC) No 1936/2001 is amended as follows:

(a)Article 3, points (g) to (j), Articles 4a, 4b, and 4c and Annex Ia are deleted;

(b)in Annex I, the indent ‘Bluefin tuna: Thunnus thynnus’ is deleted;

(c)in Annex II, the row ‘Thunnus thynnus: Bluefin tuna’ is deleted.

Article 70

Amendment to Regulation (EU) 2017/2107

In Regulation (EU) 2017/2107, Article 43 is deleted.

Article 71

Amendment to Regulation (EU) 2019/833

In Regulation (EU) 2019/833, Article 53 is deleted.

Article 72

Repeal

1. Regulation (EU) 2016/1627 is repealed.

2. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex XVI to this Regulation.

Article 73

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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