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Document 02003R1984-20171203
Council Regulation (EC) N o 1984/2003 of 8 April 2003 introducing a system for the statistical monitoring of trade in bluefin tuna swordfish and bigeye tuna within the Community
Consolidated text: Council Regulation (EC) N o 1984/2003 of 8 April 2003 introducing a system for the statistical monitoring of trade in bluefin tuna swordfish and bigeye tuna within the Community
Council Regulation (EC) N o 1984/2003 of 8 April 2003 introducing a system for the statistical monitoring of trade in bluefin tuna swordfish and bigeye tuna within the Community
02003R1984 — EN — 03.12.2017 — 002.001
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COUNCIL REGULATION (EC) No 1984/2003 of 8 April 2003 introducing a system for the statistical monitoring of trade in ►M1 ————— ◄ swordfish and bigeye tuna within the Community (OJ L 295 13.11.2003, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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REGULATION (EU) No 640/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 July 2010 |
L 194 |
1 |
24.7.2010 |
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REGULATION (EU) 2017/2107 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 November 2017 |
L 315 |
1 |
30.11.2017 |
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COUNCIL REGULATION (EC) No 1984/2003
of 8 April 2003
introducing a system for the statistical monitoring of trade in ►M1 ————— ◄ swordfish and bigeye tuna within the Community
CHAPTER 1
GENERAL PROVISIONS
Article 1
Object
This Regulation lays down general rules and conditions for the application by the Community of:
(a) the statistical document programmes for ►M1 —————Thunnus thynnus————— ◄ , swordfish (Xiphias gladius) and bigeye tuna (Thunnus obesus) adopted by the ‘ICCAT’;
(b) the statistical document programme for bigeye tuna (Thunnus obesus) adopted by the ‘IOTC’.
Article 2
Scope
This Regulation shall apply to ►M1 ————— ◄ , swordfish and bigeye tuna as referred to in Article 1:
(a) caught by a Community vessel or producer, or
(b) imported into the Community, or
(c) exported or re-exported from the Community to a third country.
This Regulation shall not apply to bigeye tuna taken by seiners or baitboats and intended mainly for the canning industry in the areas of application of the Agreement for the establishment of the Indian Ocean Tuna Commission (hereinafter called ‘the IOTC Agreement’) and the ICCAT Convention.
Article 3
Definitions
For the purposes of this Regulation, the following definitions shall apply:
▼M1 —————
(b) swordfish: fish of the species Xiphias gladius falling within the TARIC codes listed in Annex II;
(c) bigeye tuna: fish of the species Thunnus obesus falling within the TARIC codes listed in Annex III;
(d) fishing: capture by a vessel with a view to landing, transhipment or placing in a cage or by a producer using a tuna trap net, of any fish belonging to one of the species listed in Article 1;
(e) Community producer: natural persons or legal entities using the means of production for obtaining fishery products with a view to first-stage marketing;
(f) importation: the customs procedures referred to in Article 4, points 16(a) to 16(f), of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code ( 1 );
(g) large-scale fishing vessel: fishing vessel 20 metres in length overall or greater;
(h) large-scale pelagic longline vessel: pelagic longline vessel 24 metres in length overall or greater.
CHAPTER 2
STATISTICAL MONITORING
Section 1
Requirements on Member States in respect of imports
Article 4
Statistical document for importation
1. All quantities of fish belonging to one of the species referred to in Article 1 imported from a third country into the territory of the Community shall be accompanied by a statistical document drawn up in accordance with the specimen shown at:
▼M1 —————
— Annex V in the case of swordfish,
— Annex VI or Annex VII in the case of bigeye tuna.
2. A statistical document shall:
(a) contain all the information specified in the relevant Annexes referred to in paragraph 1 and all the signatures required by the appropriate operators, who shall be answerable for the declarations made therein;
(b) be validated:
(i) where the fishing has been carried out by a vessel: by a civil servant duly approved by the flag State of the vessel which carries out the fishing or by any other person or institution duly approved by that State. In the case of the third countries listed in Annex IVb, validation may be undertaken by an institution recognised for that purpose by that country;
(ii) where the fishing has been carried out using a trap net: by a civil servant duly approved by the State in whose territorial waters the catch has been taken;
(iii) in the case of swordfish, ►M1 ————— ◄ and bigeye tuna caught by a vessel operating under a charter agreement: by a civil servant or any other person or institution duly approved by the exporting State;
(iv) in the case of bigeye tuna caught by one of the vessels listed in Annexes VIIIa and VIIIb: by a Japanese or Taiwanese government official or by any other person duly approved for that purpose by the Governments of those countries;
(c) if the fishing has been carried out by a large-scale fishing vessel, be accepted only when that vessel is on the ICCAT record of vessels.
3. The statistical document shall be delivered to the competent authorities of the Member State in which the product is imported.
4. The Member States shall ensure that their customs authorities or other competent official agents request and examine all documents, including the statistical document, for imports of fish belonging to one of the species referred to in Article 1.
Those authorities may also examine the content of any cargo in order to verify the accuracy of the information contained in those documents.
5. The importation of fish belonging to one of the species referred to in Article 1 shall be prohibited where the cargo concerned is not accompanied by the statistical document for the relevant importation, validated and completed in accordance with paragraphs 1 and 2.
Section 2
Requirements on Member States in respect of exports
Article 5
Statistical document for exportation
1. All quantities of fish belonging to one of the species referred to in Article 1 caught by a Community vessel or taken by a Community producer and exported to a third country shall be accompanied by a statistical document drawn up in accordance with the specimen shown at:
▼M1 —————
— Annex V in the case of swordfish;
— Annex VI or Annex VII in the case of bigeye tuna.
2. A statistical document shall:
(a) contain all the information specified in the relevant Annexes referred to in paragraph 1 and all the signatures required by the appropriate operators, who shall be answerable for the declarations made therein;
(b) be validated by:
(i) the competent authorities of the flag Member State, or
(ii) the competent authorities of another Member State in which the products are landed, provided the corresponding quantities are exported outside the Community from the territory of that Member State. The latter shall transmit a copy of the validated statistical document to the flag Member State within two months;
(c) if the fishing has been carried out by a large-scale fishing vessel, be validated only when that vessel is on the ICCAT record of vessels.
3. The Member States shall ensure that their customs authorities or other competent official agents request and examine all documents, including the statistical document, for exports of all fish belonging to one of the species referred to in Article 1.
These authorities may also examine the content of any cargo in order to verify the accuracy of the information contained in those documents.
4. Each Member State shall send the Commission the information concerning its competent authorities referred to in paragraph 2(b). The Commission shall forward this information to the other Member States.
5. The export of fish belonging to one of the species referred to in Article 1 shall be prohibited where the load concerned is not accompanied by the statistical document for the relevant export, validated and completed in accordance with paragraphs 1 and 2.
Section 3
Requirements on Member States in respect of re-exports
Article 6
Re-export certificates
1. A re-export certificate shall accompany all quantities of fish belonging to one of the species referred to in Article 1 which are:
(a) re-exported from the Community to a third country following importation into the Community; or
(b) imported into the territory of the Community from a third country after having been re-exported by that third country.
Re-export certificates shall be drawn up in accordance with the specimen shown at:
▼M1 —————
(b) Annex X in the case of swordfish;
(c) Annex XI or Annex XII in the case of bigeye tuna.
2. Re-export certificates shall:
(a) contain all the information specified in the relevant Annexes referred to in the second subparagraph of paragraph 1 and all the signatures required by the appropriate operators, who shall be answerable for the declarations made therein;
(b) be validated by the competent authorities of the Member State from which the re-export is to take place or the competent authorities of the third country from which the re-export has taken place;
(c) be accompanied by a duly validated copy of the statistical document for importation referred to in Article 4.
3. Member States which authenticate re-export certificates in accordance with paragraph 2(b) shall require re-exporters to provide the necessary documents certifying that the cargo of fish re-exported corresponds to the cargo of fish originally imported. The Member States shall provide the flag State or the exporting State, upon request, with a copy of the certificate.
4. The re-export certificate shall be delivered to the competent authorities of the Member State of importation or re-exportation.
5. The Member States shall ensure that their customs authorities or other competent official agents request and examine all documents, including the re-export certificate, for the re-export of fish belonging to one of the species referred to in Article 1.
These authorities may also examine the content of any cargo in order to verify the accuracy of the information contained in those documents.
6. The re-export and import following the re-export of fish belonging to one of the species referred to in Article 1 shall be prohibited where the cargo concerned is not accompanied by the corresponding certificate, validated and completed in accordance with paragraphs 1 and 2.
Article 7
Repeated re-exports
1. All quantities of fish belonging to one of the species referred to in Article 1, re-exported after having already been re-exported, shall be accompanied by a new re-export certificate, validated and completed in accordance with Article 6(1) and (2).
Article 6(3), (4), (5) and (6) shall apply.
2. The new certificate referred to in paragraph 1 shall be accompanied by a certified copy of the preceding, duly validated, re-export certificates which accompanied the cargo.
Requirements for Member States in respect of transhipped products in the ICCAT Convention area
Article 7a
Statistical documents and reporting
1. When validating statistical documents, the flag Member State of large-scale pelagic longline vessels shall ensure that transhipments are consistent with the reported catch amount by each such vessel.
2. The flag Member State of large-scale pelagic longline vessels shall validate statistical documents for the transhipped fish, after confirming that the transhipment was conducted in accordance with Articles 51 to 58 of Regulation (EU) 2017/2107 of the European Parliament and of the Council ( 2 ). That confirmation shall be based on the information obtained through the ICCAT regional observer programme for transhipment at sea.
3. Member States shall require that the species covered by the statistical document programs caught by large-scale pelagic longline vessels in the ICCAT Convention area, when imported into their area or territory, are accompanied by statistical documents validated for the vessels on the ICCAT list of large-scale pelagic longline vessels authorised to tranship at sea and a copy of the ICCAT transhipment declaration.
CHAPTER 3
TRANSMISSION OF DATA
Article 8
Information concerning validation
Each Member State shall forward to the Commission not later than 30 days following the entry into force of this Regulation a specimen of its statistical documents and re-export certificates. It shall also forward to the Commission all necessary information concerning validation and, in good time, any changes to those documents and certificates, in accordance with:
(a) the ICCAT specimen shown at Annex XIII for ►M1 ————— ◄ , swordfish and bigeye tuna;
(b) the IOTC specimen shown at Annex XIV for bigeye tuna.
Article 9
Transmission of data
1. Member States which import, export or re-export fish belonging to one of the species referred to in Article 1 shall forward to the Commission by computer transmission before 15 March for the period from 1 July to 31 December of the preceding year and before 15 September for the period from 1 January to 30 June of the current year, a report on:
(a) the quantities of each commercial presentation of fish belonging to one of the species referred to in Article 1 imported into their territory, broken down by third country of origin, place of catch and type of fishing gear used;
(b) the quantities of each commercial presentation of fish belonging to one of the species referred to in Article 1 imported into their territory after having been re-exported by a third country, broken down by third country of origin, place of capture and type of fishing gear used.
2. The report referred to in paragraph 1 shall contain the information specified in:
▼M1 —————
(b) Annex XVI for swordfish;
(c) Annex XVII or Annex XVIII for bigeye tuna.
Article 10
National report
Member States which export fish belonging to one of the species referred to in Article 1 shall check that the information on imports transmitted by the Commission corresponds to their own information. They shall inform the Commission of the outcome of such cross-checks in the national report referred to in Article 9 of Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish ( 3 ).
CHAPTER 4
FINAL PROVISIONS
Article 11
Amendment of Annexes
The Annexes hereto may be amended in accordance with the ICCAT and the IOTC conservation measures which become binding on the Community and in accordance with the procedure laid down in Article 12(2).
Article 12
Committee procedure
1. The Commission shall be assisted by the Management Committee for Fisheries and Aquaculture established by Article 30 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy ( 4 ).
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedure.
Article 13
Repeal
1. Regulation (EC) No 858/94 is hereby repealed.
2. References to the repealed Regulation shall be understood as references to this Regulation and are to be read in accordance with the table of equivalence shown in Annex XIX.
Article 14
Entry into force
This Regulation shall enter into force on the day following 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.
▼M1 —————
ANNEX II
PRODUCTS REFERRED TO IN ARTICLE 3(b)
Without prejudice to the rules for the interpretation of the Combined Nomenclature, the wording of the description of the goods is regarded as being for information purposes only. In the context of this Annex, the TARIC codes will apply, as they exist when this Regulation is adopted.
TARIC code
0301999070
0302698700
0303798700
0304103870
0304109855
0304208700
0304906500
0305200019
0305200076
0305200077
0305309040
0305498020
0305599050
0305699050
1604199130
1604199820
1604209060
ANNEX III
PRODUCTS REFERRED TO IN ARTICLE 3(c)
Without prejudice to the rules for the interpretation of the Combined Nomenclature, the wording of the description of the goods is regarded as being for information purposes only. In the context of this Annex, the TARIC codes will apply, as they exist when this Regulation is adopted.
TARIC code
0301999075
0302341000
0302349000
0303441100
0303441300
0303441900
0303449000
0304103875
0304109865
0304204520
0304909775
0305200021
0305200078
0305200079
0305309075
0305498060
0305599045
0305699040
1604141130
1604141135
1604141630
1604141635
1604141830
1604141835
1604207040
1604207045
▼M1 —————
ANNEX IVb
Third countries recognised by ICCAT for which the statistical document can be validated by an institution authorised for this purpose, for example a chamber of commerce: Angola, Brazil, Canada, Cape Verde, China, Côte d'Ivoire, Croatia, Equatorial Guinea, Gabon, Ghana, Guinea-Bissau, Guinea-Conakry, Japan, Korea, Libya, Morocco, Russia, São Tomé and Príncipe, South Africa, Tunisia, Uruguay, USA, Venezuela.
ANNEX V
ANNEX VI
ANNEX VII
ANNEX VIIIa
List of vessels participating in the Japanese breaking-up programme
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(At 1 November 2001) |
||||||
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No |
Year of breaking up |
Flag State |
Name of vessel |
Tonnage |
Year of construction |
Fishing area |
|
1 |
2002 |
BOLIVIA |
YING CHIN HSIANG 66 |
379 |
1979 |
INDIAN OCEAN |
|
2 |
2002 |
CAMBODIA |
HUA CHENG 707 |
606 |
1980 |
INDIAN OCEAN |
|
3 |
2002 |
CAMBODIA |
HUA CHUNG 808 |
549 |
1980 |
INDIAN OCEAN |
|
4 |
2002 |
PHILIPPINES |
CHEN FA 736 |
636 |
1979 |
ATLANTIC |
|
5 |
2002 |
BOLIVIA |
ZHONG I 85 |
437 |
1976 |
PACIFIC |
|
6 |
2002 |
BELIZE |
LIEN TAI |
491 |
1979 |
ATLANTIC |
|
7 |
2003 |
BELIZE |
JEFFREY 131 |
597 |
1980 |
PACIFIC |
|
8 |
2003 |
EQUATORIAL GUINEA |
WIN FAR 236 |
672 |
1978 |
INDIAN OCEAN |
|
9 |
2003 |
EQUATORIAL GUINEA |
WIN FAR 266 |
535 |
1979 |
INDIAN OCEAN |
|
10 |
2003 |
BOLIVIA |
CHIN I MING |
663 |
1979 |
ATLANTIC |
|
11 |
2003 |
BOLIVIA |
CHIN CHANG MING |
578 |
1980 |
ATLANTIC |
|
12 |
2003 |
BOLIVIA |
GOLDEN RICH (previously: ZHONG XIN 26) |
520 |
1974 |
ATLANTIC |
|
13 |
2003 |
BOLIVIA |
CHI MAN |
556 |
1982 |
INDIAN OCEAN |
|
14 |
2003 |
BOLIVIA |
HUNG YU 112 |
690 |
1981 |
INDIAN OCEAN |
|
15 |
2003 |
EQUATORIAL GUINEA |
CHEN CHIANG 1 |
578 |
1988 |
INDIAN OCEAN |
ANNEX VIIIb
List of vessels flying the Taiwanese flag participating in the re-registration programme
|
No |
Flag State |
Name of vessel |
Tonnage |
Fishing area |
Year of construction |
|
1 |
EQUATORIAL GUINEA |
YIH SHUEN NO 212 |
470 |
INDIAN OCEAN |
1999 |
|
2 |
SEYCHELLES |
SEYGEM |
573 |
PACIFIC |
1997 |
|
3 |
SEYCHELLES |
SEYSTAR |
573 |
PACIFIC |
1998 |
|
4 |
VANUATU |
NINE LUCKY No 1 |
508 |
PACIFIC |
1998 |
|
5 |
BELIZE |
WIN FAR No 868 |
498 |
PACIFIC |
1999 |
|
6 |
EQUATORIAL GUINEA |
WEI CHING |
498 |
ATLANTIC |
1997 |
|
7 |
BELIZE |
JUI YING No 666 |
498 |
PACIFIC |
1997 |
|
8 |
BELIZE |
CHEN FA No 1 |
550 |
INDIAN OCEAN |
1997 |
|
9 |
SEYCHELLES |
SEYPERAL |
680 |
PACIFIC |
1998 |
|
10 |
BELIZE |
PING YUAN No 201 |
706 |
INDIAN OCEAN |
1996 |
|
11 |
BELIZE |
LIAN HORNG No 777 |
499 |
PACIFIC |
1998 |
|
12 |
BELIZE |
FONG KU No 36 |
521 |
PACIFIC |
1997 |
|
13 |
BELIZE |
SHYE SIN No 1 |
598 |
O. INDIAN OCEAN |
1997 |
|
14 |
BELIZE |
HUNG YU No 212 |
470 |
ATLANTIC |
1997 |
|
15 |
BELIZE |
HWA CHIN No 202 |
470 |
ATLANTIC |
1997 |
|
16 |
BELIZE |
SUNG HUI |
573 |
ATLANTIC |
1998 |
|
17 |
BELIZE |
HSIEN HUA 106 |
625 |
PACIFIC |
2000 |
|
18 |
BELIZE |
HSIEN HUA 107 |
625 |
PACIFIC |
2000 |
|
19 |
BELIZE |
FU YUAN No 66 |
683 |
PACIFIC |
1998 |
|
20 |
BELIZE |
LONG CHANG No 3 |
589 |
ATLANTIC |
1997 |
▼M1 —————
ANNEX X
ANNEX XI
ANNEX XII
ANNEX XIII
ANNEX XIV
▼M1 —————
ANNEX XVI
ANNEX XVII
ANNEX XVIII
ANNEX XIX
|
Regulation (EC) No 858/94 |
This Regulation |
|
— Article 1 |
— Article 2 |
|
— Article 2 |
— Article 4 |
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— Article 2a |
— Article 5 |
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— Article 3(1), (2) and (3) |
— Article 4 |
|
— Article 3(4) |
— Article 6 |
|
— Article 3a |
— Article 6 |
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— Article 4 |
— |
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— Article 5 |
— Article 9 |
|
— Annex I |
— Annex IVa |
|
— Annex II |
— Annex IVb |
|
— Annex III |
— Annex IX |
( 1 ) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 (OJ L 311, 12.12.2000, p. 17).
( 2 ) Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007 (OJ L 315, 30.11.2017, p. 1).
( 3 ) OJ L 263, 3.10.2001, p. 1.
( 4 ) OJ L 358, 31.12.2002, p. 59.