Legal provisions of COM(2020)670 - Catch documentation programme for bluefin tuna (Thunnus thynnus)

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dossier COM(2020)670 - Catch documentation programme for bluefin tuna (Thunnus thynnus).
document COM(2020)670 EN
date December 13, 2023

Contents

CHAPTER I - GENERAL PROVISIONS


Article 1

Subject matter and scope

1. This Regulation establishes a Union bluefin tuna catch documentation programme, in order to implement the bluefin tuna catch documentation scheme adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT), and the mandatory use of the electronic BCD (eBCD) system, with a view to identifying the origin of all bluefin tuna caught, in order to support the implementation of ICCAT conservation and management measures.

2. This Regulation does not apply to domestic trade, export, import and re-export of fish parts other than the meat, such as heads, eyes, roes, guts and tails.

Article 2

Definitions

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

(1)‘BCD’ means the bluefin tuna catch document, the format of which is provided for in Annex 2 to ICCAT Recommendation 18-13 and set out in Annex II to this Regulation;

(2)‘bluefin tuna’ means fish of the species Thunnus thynnus falling within the relevant codes of the Combined Nomenclature of Annex I to Council Regulation (EEC) No 2658/87 (13);

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

(4)‘Convention area’ means the geographical area, as set out in Article I of the Convention, covered by the ICCAT measures;

(5)‘domestic trade’ means:

(a)trade, in one Member State or between two or more Member States, in bluefin tuna caught in the Convention area by a Union catching vessel or trap, and which is landed in the territory of the Union; and

(b)trade, in one Member State or between two or more Member States, in farmed bluefin tuna caught in the Convention area by a Union catching vessel or trap, and which is caged in a farm established in the territory of the Union;

(6)‘import’ means the introduction into the territory of the Union, including for caging, fattening, farming or transhipment purposes, of bluefin tuna caught in the Convention area by a third country catching vessel or trap;

(7)‘export’ means any movement to a third country of bluefin tuna caught in the Convention area by a Union catching vessel or trap, including any movement from the territory of the Union, from third countries or from fishing grounds;

(8)‘re-export’ means any movement from the territory of the Union of bluefin tuna which had been previously imported into the territory of the Union;

(9)‘trap Member State’ means the Member State where the trap is established;

(10)‘farm Member State’ means the Member State where the farm is established;

(11)‘CPCs’ means Contracting Parties to the Convention and cooperating non-contracting parties, entities or fishing entities.

CHAPTER II - BLUEFIN TUNA CATCH DOCUMENT


Article 3

General provisions

1. The eBCD system shall be used for any catch, landing, transfer, including intra- and inter-farm transfers, transhipment, caging, harvest, domestic trade, import, export or re-export of bluefin tuna. Paper BCDs may be used under exceptional circumstances as provided for in Article 11.

2. A BCD shall be completed in one of the official languages of ICCAT (English, French or Spanish), for each bluefin tuna caught by a fishing vessel or trap, transferred, landed or transhipped at ports by a fishing vessel or trap, or caged or harvested by farms.

3. Each lot of bluefin tuna domestically traded, imported into, or exported or re-exported from the territory of the Union shall be accompanied by a BCD validated by the competent authority, except in cases where Article 4(4) applies, and, as applicable, an ICCAT transfer declaration or a validated bluefin tuna re-export certificate (‘BFTRC’). Each lot of bluefin tuna shall only contain bluefin tuna products of the same presentation and originating in the same relevant geographical area and the same fishing vessel, or group of fishing vessels, or the same trap.

4. It shall be prohibited to land, transfer, tranship, cage, deliver, harvest, trade domestically, import, export or re-export bluefin tuna without a completed and, where applicable, validated BCD and BFTRC whenever necessary.

5. Each BCD shall have a unique document identification number. Document identification numbers shall be specific to the flag or trap Member State.

6. At the time of caging and provided that all the fish are caged in the same farming cage and on the same day, relevant BCDs may be grouped as a ‘grouped BCD’ with a new BCD number in the following cases:

(a)multiple catches made by the same vessel;

(b)catches made by joint fishing operations.

7. The grouped BCD shall replace all the related original BCDs and shall be accompanied by the list of all the associated BCD numbers. The copies of such associated BCDs shall be made available to Member States’ or CPCs’ control authorities, upon request.

8. Bluefin tuna that are caught as by-catch by vessels not authorised to fish actively for bluefin tuna pursuant to Regulation (EU) 2023/2053 may be traded. Member States’ authorities, port authorities and authorised self-registration by the master or representative of the vessel shall facilitate the access by the master or representative of the vessel to the eBCD system, including by way of their national registration number. The flag Member States of the vessels concerned shall not be required to submit a list of such vessels to the Commission.

9. Bluefin tuna that die during the transfer, towing or caging operations covered by Articles 40 to 55 of Regulation (EU) 2023/2053 may be traded by the purse seine vessel, auxiliary vessel, trap and/or farm representatives, where applicable.

10. Bluefin tuna harvested in sport and recreational fisheries, the sale of which is prohibited, shall not be subject to this Regulation and shall not, therefore, be required to be recorded in the eBCD system.

Article 4

Validation

1. Catching vessel masters, trap operators, farm operators, sellers and exporters, or their authorised representatives, shall complete the BCD by providing the required information and shall request its validation in accordance with paragraph 2 in respect of each bluefin tuna caught, landed, caged, harvested, transhipped, domestically traded or exported.

2. The BCD shall be validated by a competent authority of the flag Member State of the vessel or of the trap or farm Member State that caught or harvested the bluefin tuna, or of the Member State of establishment of the seller or exporter that domestically traded or exported the bluefin tuna.

3. Member States shall validate the BCD for bluefin tuna products only where:

(a)all the information contained in the BCD has been verified as accurate;

(b)the accumulated amounts of catch are within their quotas or catch limits for the relevant management year, including, where appropriate, individual quotas allocated to catching vessels or traps; and

(c)the products comply with all other relevant provisions of the ICCAT conservation and management measures.

4. Validation under paragraph 2 of this Article shall not be required where all bluefin tuna available for sale are tagged, in accordance with Article 6(4), by the flag or trap Member State that fished them.

5. Where the bluefin tuna quantities caught and landed are less than 1 metric tonne or fewer than three fish, the logbook or the sales note may be used as a temporary BCD, pending the validation of the BCD within seven days of landing and prior to export.

6. A validated BCD shall include, as appropriate, the information set out in Annex 1 to ICCAT Recommendation 18-13 and Annex I to this Regulation. Instructions for the issuing, numbering, completion and validation of the BCD are set out in Annex 3 to ICCAT Recommendation 18-13 and Annex III to this Regulation.

7. The buyer information in the trade information section shall be entered into the eBCD system prior to the validation. The trade information section of an eBCD shall be validated prior to export.

8. Export from the Member States shall take place only if the previous trade between Member States has been properly recorded. Such export shall continue to require validation in the eBCD system in accordance with paragraphs 1 to 5.

Article 5

Recording and validation of catch and subsequent trades in the eBCD system

1. Following the recording and validation of catch and first trade in the eBCD system in accordance with Article 4, information on the internal sales of bluefin tuna within one Member State shall be recorded in the eBCD system. Validation of those internal sales shall not be required.

2. Following the recording and validation of catch and first trade in the eBCD system, the domestic trade between Member States shall be completed in the eBCD system by the seller in accordance with Article 4.

3. The competent authority referred to in Article 4(2) shall validate domestic trade between the Member States of ‘gilled and gutted’ (GG), ‘dressed’ (DR) and ‘round’ (RD) product forms. However, by way of derogation from Article 4, validation shall not be required:

(a)where domestic trade of bluefin tuna is in ‘fillets’ (FL) or ‘other, specified’ (OT) product forms listed on the eBCD;

(b)where the FL or OT product referred to under point (a) is packaged for transport, in which case the associated eBCD number shall be written legibly and indelibly on the outside of any package containing any part of the tuna except for exempted products specified in Article 1(2).

For FL or OT products, subsequent domestic trade to another Member State shall only take place when the trade information from the previous Member State has been recorded in the eBCD system.

4. The derogation provided for in paragraph 3 of this Article shall be applicable until 31 December 2024. Member States shall report annually to the Commission on the implementation of that derogation. That report shall include information on the verification by the Member States provided for in Article 9, the outcomes of that verification and data about the trade events concerned, including relevant statistical information, such as the amount of bluefin tuna and number of trades covered by that derogation.

5. The trade in live bluefin tuna including all trade events to and from bluefin farms shall be recorded and validated in the eBCD system in accordance with this Regulation, unless otherwise specified.

6. By way of derogation from Article 3(3), the validation of sections 2 (catch) and 3 (live trade) in the eBCD system may be completed simultaneously.

7. The amending and re-validation of sections 2 (catch) and 3 (live trade) in the eBCD system, as required by Article 51 of, and Annex XI to, Regulation (EU) 2023/2053, related to the use of stereoscopic camera systems may be completed following the caging operation.

Article 6

Tagging

1. Member States may require their catching vessels or traps to affix a tag to each bluefin tuna preferably at the time of kill, but in any event not later than the time of landing (‘tagging programme’). Tags shall have unique Member State-specific numbers and shall be tamper proof. The tag numbers shall be linked to the eBCD.

2. Member States concerned shall send a summary of the implementation of the tagging programme to the Commission by 30 April each year in respect of the preceding year. Any subsequent changes to a tagging programme shall also be sent to the Commission. The Commission shall forward the summaries to the ICCAT Secretariat.

3. The use of tags under this Article shall only be authorised when the accumulated catch amounts are within Member States’ quotas or catch limits of each management year, including, where appropriate, individual quotas allocated to vessels or traps.

4. For the purposes of Article 4(4), the commercial tagging programs of the flag Member State for the vessel or trap that harvested the bluefin tuna under which the fish are tagged shall provide at least for the following:

(a)that all bluefin tuna in the eBCD concerned are individually tagged;

(b)the following information associated with the tag:

(i)identification of the catching vessel or trap;

(ii)date of capture or landing;

(iii)the area of harvest of the fish in the shipment;

(iv)the gear used to catch the fish;

(v)the type of product and individual weight of the tagged bluefin tuna;

(vi)where applicable, information on the exporter and importer; and

(vii)where applicable, the point of export.

5. By way of derogation from paragraph 4, point (b) (v), of this Article, for those fisheries subject to the derogations as to minimum conservation reference size under Regulation (EU) 2023/2053, Member States may instead, until 31 December 2024, provide the approximate weight of individual fish within the catch upon offloading, which shall be determined through representative sampling.

6. Where Member States apply the derogation provided for in paragraph 5 of this Article, they shall report to the Commission annually in accordance with Article 5(4) on the implementation of that derogation.

7. The information on tagged fish shall be compiled by the Member State responsible for the tagging programme.

8. The Commission shall compile the information on tagged fish received from Member States and shall transmit it to ICCAT in the format of the Union implementation report.

CHAPTER III - BLUEFIN TUNA RE-EXPORT CERTIFICATE


Article 7

General provisions

1. Each Member State shall ensure that each lot of bluefin tuna which is re-exported from its territory is accompanied by a validated BFTRC.

2. Paragraph 1 shall not apply in cases where bluefin tuna is imported live.

3. The operator responsible for the re-export shall complete the BFTRC in one of the official languages of ICCAT (English, French or Spanish) and shall request its validation for the lot of bluefin tuna to be re-exported. The completed BFTRC shall be accompanied by a copy of the validated BCD(s) relating to the bluefin tuna products previously imported.

Article 8

Re-export validation

1. The BFTRC shall be validated by the competent authority of the Member State from which territory the lot is re-exported.

2. The competent authority shall validate the BFTRC for all bluefin tuna products, provided that:

(a)all the information contained in the BFTRC has been established to be accurate;

(b)the corresponding validated BCD(s) has been accepted for the importation of the products declared on the BFTRC;

(c)the products to be re-exported are wholly or partly the same product on the validated BCD(s); and

(d)a copy of the BCD(s) is attached to the BFTRC to be validated.

3. The validated BFTRC shall include the information set out in Annex 2 to ICCAT Recommendation 22-16 and Annex 5 to ICCAT Recommendation 18-13, and in Annexes IV and V to this Regulation.

CHAPTER IV - VERIFICATION


Article 9

Verification

1. Member States shall ensure that their competent authorities identify each lot of bluefin tuna landed in, domestically traded in, imported into, or exported or re-exported from, their territory, and request and examine the validated BCD(s) and related documentation of each lot of bluefin tuna.

2. The competent authorities may examine the content of the lot to verify the information contained in the BCD and in related documents. Where necessary, the competent authorities shall carry out verifications with the operators concerned.

3. If, as a result of examinations or verifications carried out pursuant to paragraphs 1 and 2, doubts arise regarding the information contained in a BCD, the Member State on whose territory the final import took place and the Member State or CPC whose competent authorities validated the BCD(s) or BFTRCs shall cooperate to resolve such doubts.

4. If a Member State identifies a lot with no BCD, it shall notify the findings to the Member State that domestically traded the lot, or the exporting CPC, and, where known, the flag Member State or the flag CPC.

5. Member States shall not release the lot for domestic trade, import or export, or, in the case of live bluefin tuna destined to farms, accept the transfer declaration until the examinations or verifications referred to in paragraphs 1 and 2 have been carried out and confirm compliance of the bluefin tuna lot with the requirements of this Regulation and any other applicable Union law.

6. Domestic trade, import, export or re-export of the bluefin tuna shall be prohibited where a Member State, having carried out the examinations or verifications referred to in paragraphs 1 and 2 and in cooperation with the validating authorities concerned, determines that the corresponding BCD or BFTRC is invalid.

CHAPTER V - TRANSMISSION OF DATA


Article 10

Registration in the eBCD system, notification and verification of information

1. Member States shall be responsible for ensuring that their users are registered in the eBCD system.

2. Where a Member State validates BCDs in respect of catching vessels flying its flag, its traps or farms, it shall notify the Commission, of the government validation authorities or other authorised individuals or institutions responsible for validating and verifying BCDs or BFTRCs every time there is a change in the following information:

(a)the name and full address of the validating organisation;

(b)the name and title of the validating officials who are individually empowered;

(c)a sample form of document;

(d)a sample impression of stamp or seal; and

(e)as appropriate, tag samples.

3. The notification provided for in in paragraph 2 shall indicate the date from which the change is applicable. A copy of national law provisions adopted for the purpose of implementing the bluefin tuna catch documentation programme shall be communicated with the initial notification, including procedures on authorising non-governmental individuals or institutions. Updated details on validating authorities and national provisions shall be communicated to the Commission in a timely manner.

4. Member States shall notify the Commission, by electronic means, of the points of contact, in particular, the name and full address of the organisation(s), that should be informed if questions arise in relation to BCDs or BFTRCs.

5. The Commission shall without delay notify the information provided for in paragraphs 2 to 4 to the ICCAT Secretariat.

6. Member States shall verify the information concerning the validating authorities notified to the ICCAT and published on a publicly accessible website held by the ICCAT Secretariat to help their authorities to verify the validation of BCDs and BFTRCs.

Article 11

Paper BCDs or printed eBCDs

1. Paper BCDs or printed eBCDs may be used in the following cases:

(a)landings of quantities of bluefin tuna less than one metric tonne or fewer than three fish. Such paper BCDs shall be converted to eBCDs within a period of seven working days of landing or prior to export, whichever is first;

(b)bluefin tuna caught prior to 1 January 2017;

(c)as a back-up in the limited event that technical difficulties with the system arise that preclude a Member State from using the eBCD system, following the procedures set out in Annex 3 to ICCAT Recommendation 22-16. Delays by Member States in taking necessary actions, such as providing the data necessary to ensure the registration of users in the eBCD system or other avoidable situations, shall not constitute an acceptable technical difficulty;

(d)trade in Pacific tuna;

(e)trade between the Union and non-CPCs where access to the eBCD system through the ICCAT Secretariat is not possible or is not timely enough to ensure the trade is not unduly delayed or disrupted.

2. The use of a paper BCD referred to in paragraph 1 shall not be invoked by a Member State or CPCs as a reason to delay or deny the import of a bluefin tuna shipment, provided that the paper BCD complies with this Regulation. Printed eBCDs that are validated in the eBCD system shall satisfy the validation requirement stipulated in Article 3(3).

3. Flag or trap Member States shall provide BCD forms only to catching vessels and traps authorised to fish bluefin tuna in the Convention area, including as by-catch. Such forms shall not be transferable.

4. Paper copies of eBCDs shall follow each part of split lots or processed product, using the unique document number of the eBCD to link them.

Article 12

Communication and conservation of paper validated documents

1. Except in cases where Article 4(4) applies, Member States shall communicate a copy of all validated BCDs or BFTRCs to:

(a)the Commission;

(b)the competent authorities of the Member State or CPC where the bluefin tuna will be domestically traded, transferred into a cage or imported; and

(c)the ICCAT Secretariat.

2. Member States shall make the communication provided for in paragraph 1 as soon as possible and in any event within five working days of the date of validation, or before the end of the transportation where the expected duration of the transportation should not take more than five working days.

3. Member States shall keep copies of documents issued or received for at least two years.

Article 13

Annual report

1. By 15 August each year, Member States shall provide the Commission with a report comprising the information described in Annex 6 to ICCAT Recommendation 18-13, covering the period from 1 January to 31 December of the preceding year.

2. Reports generated from the eBCD system shall be used to fulfil the annual reporting requirements referred to in paragraph 1. Member States shall also provide in their annual report elements described in Annex 6 to ICCAT Recommendation 18-13 that cannot be produced from the eBCD system.

3. The Commission shall draw up the Union’s annual report based on the information received from Member States in accordance with paragraphs 1 and 2 and shall communicate it to the ICCAT Secretariat by 15 September each year.

CHAPTER VI - FINAL PROVISIONS


Article 14

Procedure for amendments

1. The Commission is empowered to adopt delegated acts, in accordance with Article 15, amending this Regulation to adapt it to measures adopted by ICCAT that bind the Union and its Member States concerning:

(a)the mandatory use of eBCDs and BCDs pursuant to Article 3(1) and (2);

(b)rules on grouped BCDs pursuant to Article 3(6);

(c)validation of the BCD and eBCD pursuant to Article 4;

(d)recording and validation of catch and subsequent trades in the eBCD system pursuant to Article 5;

(e)the derogation deadline referred to in Article 5(4) and Article 6(5);

(f)information concerning validation and points of contact pursuant to Article 10(2);

(g)use of paper BCDs or printed eBCDs pursuant to Article 11(1);

(h)reporting dates referred to in Article 5(4), Article 6(2) and Article 13(1) and (3);

(i)references to Annexes to ICCAT Recommendations as provided for in Article 2(1), Article 4(6), Article 8(3), Article 11(1), point (c) and Article 13(1) and (3) and to the corresponding Annexes to this Regulation;

(j)the Annexes to this Regulation.

2. Amendments made pursuant to paragraph 1 shall be strictly limited to the implementation into Union law of amendments to ICCAT Recommendations.

Article 15

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 14 shall be conferred on the Commission for a period of five years from 9 January 2024. The Commission shall draw up a report in respect of the delegation of power not 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 14 may be revoked at any time by the European Parliament or by 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 14 shall enter into force only where no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of the act to the European Parliament and 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 16

Repeal

Regulation (EU) No 640/2010 is repealed.

Article 17

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.