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Document 02011D0207-20130815

    Consolidated text: Commission Implementing Decision of 29 March 2011 establishing a specific control and inspection programme related to the recovery of bluefin tuna in the eastern Atlantic and the Mediterranean (notified under document C(2011) 1984) (2011/207/EU)

    ELI: http://data.europa.eu/eli/dec/2011/207/2013-08-15

    02011D0207 — EN — 15.08.2013 — 002.001


    This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

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    ►M1   COMMISSION IMPLEMENTING DECISION

    of 29 March 2011

    establishing a specific control and inspection programme related to the recovery of bluefin tuna in the eastern Atlantic and the Mediterranean ◄

    (notified under document C(2011) 1984)

    (2011/207/EU)

    (OJ L 087 2.4.2011, p. 9)

    Amended by:

     

     

    Official Journal

      No

    page

    date

    ►M1

    COMMISSION IMPLEMENTING DECISION  of 2 May 2012

      L 121

    25

    8.5.2012

     M2

    COMMISSION REGULATION (EU) No 519/2013 of 21 February 2013

      L 158

    74

    10.6.2013

    ►M3

    COMMISSION IMPLEMENTING DECISION  of 13 August 2013

      L 219

    33

    15.8.2013




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    ▼M1

    COMMISSION IMPLEMENTING DECISION

    of 29 March 2011

    establishing a specific control and inspection programme related to the recovery of bluefin tuna in the eastern Atlantic and the Mediterranean

    ▼B

    (notified under document C(2011) 1984)

    (2011/207/EU)



    CHAPTER I

    GENERAL PROVISIONS

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    Article 1

    This Decision establishes a specific control and inspection programme in order to ensure the harmonised implementation of the multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT) in 2006 as transposed by Regulation (EC) No 302/2009, further transposed into Union Law by way of Regulation (EU) No 500/2012 of the European Parliament and of the Council ( 6 ) and last amended by ICCAT Recommendation 12-03 of 10 December 2012.

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    Article 2

    Temporal and territorial scope

    The specific control and inspection programme shall apply until 15 March 2014 in the ICCAT Convention area.

    Article 3

    Material scope

    The specific control and inspection programme shall cover the following activities:

    1. 

    all fishing activities, including by-catches, by fishing vessels and traps, including joint fishing operations;

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    2. 

    all catches, landings, transfers, transhipments and caging operations, including implemented pilot studies on how better estimate both the number and weight of bluefin tuna at the point of capture and caging, including through the use of stereoscopical systems and the programme using stereoscopical cameras systems or alternative techniques that provide the equivalent precision, which shall cover 100 % of all caging operations in order to refine the number and weight of the fish in each caging operation;

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    3. 

    all related activities of farms and operators engaged in caging, fattening, farming, harvesting or processing of bluefin tuna and/or in trade of bluefin tuna products, including domestic trade, importation, exportation and re-exportation, transport and storage;

    4. 

    sport and recreational fisheries.

    CHAPTER II

    OBJECTIVES, PRIORITIES, BENCHMARKS AND PROCEDURES

    Article 4

    Objectives

    Control and inspection activities shall aim at ensuring compliance with the following provisions:

    1. 

    annual fishing plans, as provided for by Article 4 of Regulation (EC) No 302/2009;

    2. 

    the prohibition to use spotting aircrafts and helicopters, as provided for by Article 8 of Regulation (EC) No 302/2009;

    3. 

    measures on fishing and farming capacities, as provided for by Articles 5 and 6 of Regulation (EC) No 302/2009;

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    4. 

    the implementation of any observer programme in the Union, including the Member States’ observer programme, and the ICCAT Regional Observer Programme, as provided for by points 90, 91 and 92 and Annex 7 to ICCAT Recommendation 12-03;

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    5. 

    rules on recording of authorised catching vessels and other fishing vessels, as provided for by Articles 14 and 15 of Regulation (EC) No 302/2009;

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    6. 

    specific technical measures and conditions for fishing for bluefin tuna as provided in ICCAT Recommendation 12-03, in particular minimum size rules and associated conditions;

    7. 

    quantitative restrictions on catches and any specific conditions associated therewith, including the monitoring of quota uptake, as provided for by ICCAT Recommendation 12-03;

    8. 

    documentation rules applicable to bluefin tuna, as provided for by ICCAT Recommendation 12-03;

    9. 

    the implementation of pilot studies on how to better estimate both the number and the weight of bluefin tuna at the point of capture and caging including through the use of stereoscopical systems;

    10. 

    the implementation of a programme using stereoscopical cameras systems or alternative techniques that provide the equivalent precision, which shall cover 100 % of all caging operations in order to refine the number and weight of the fish in each caging operation.

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    Article 5

    Priorities

    Different gear categories shall be subject to different levels of prioritisation, according to the annual fishing plan. For that reason, each Member State shall set specific priorities.

    Article 6

    Benchmarks

    The inspection benchmarks are set out in Annex I.

    Article 7

    Procedures

    Control and inspection activities shall be carried out in accordance with the following procedural provisions:

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    1. 

    the ICCAT Scheme of Joint International Inspection, as provided for by points 99, 100 and 101 and Annex 8 to ICCAT Recommendation 12-03;

    2. 

    the methodology of inspection as provided for by ICCAT Recommendation 12-03, and in particular its Annex 8;

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    3. 

    the procedures to be followed by officials as laid down the Annex II to this Decision;

    4. 

    the procedures to be followed by Member States as laid down in Articles 8 to 13 of this Decision.

    Article 8

    Joint procedures

    Member States referred to in Article 12 shall ensure that officials from other Member States concerned are invited to participate in joint inspection and surveillance activities and establish joint operational procedures applicable to their surveillance crafts.

    Article 9

    Notification of surveillance and inspection activities

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    1.  
    Member State intending to conduct surveillance and inspect fishing vessels in the waters under the jurisdiction of another Member State in the framework of a Joint Deployment Plan shall notify its intentions to the contact point of the coastal Member State concerned, as referred to in Article 80, paragraph 5 of Regulation (EC) No 1224/2009 and to the EFCA.

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    2.  

    The notification referred to in paragraph 1 shall contain the following information:

    (a) 

    type, name and call sign of the inspection vessels and inspection aircraft on the basis of the list referred to in Article 6 of Regulation (EC) No 1042/2006;

    (b) 

    the areas where the surveillance and inspection operations shall be carried out;

    (c) 

    the duration of the surveillance and inspection activities.

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    Article 10

    Information of infringements

    Member States whose officials detect any infringement while carrying out an inspection on the activities listed in Article 3 shall inform without delay the Commission of the date of inspection and the details of the infringement.

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    Article 11

    Immediate enforcement measures in case of serious infringements

    1.  
    If a serious infringement is discovered onboard a Union fishing vessel, the flag Member State shall ensure that, following the inspection, the fishing vessel flying its flag ceases all fishing activities and shall inform the Commission in a timely manner.
    2.  
    If the Union fishing vessel is not called to port, the flag Member State shall provide due justification to the Commission within 72 hours.

    CHAPTER III

    IMPLEMENTATION

    Article 12

    National control action programmes

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    1.  
    The specific control and inspection programme shall be implemented through the national control action programmes, as referred to in Article 46 of Regulation (EC) No 1224/2009, adopted by Greece, Spain, France, Italy, Cyprus, Malta and Portugal, and as from 1 July 2013 by the national control action programme as adopted by Croatia.

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    2.  
    National control action programmes shall be set up in accordance with the objectives, the priorities, the benchmarks and procedures laid down in this Decision and shall contain all data listed in Annex III.
    3.  
    National control action programmes shall be accompanied by annual implementation schedules which shall include details as regards the human and material resources allocated and the zones where those resources are to be deployed. The annual implementation schedules shall take into account the benchmarks set out in Annex I.
    4.  
    For the 2012 and 2013 fishing seasons, Member States shall submit their national control action programmes and annual implementation schedules respectively by 15 September 2011 and 2012. They shall make them available on the secure part of their website by the 1 January 2012 and 2013.

    Article 13

    Cooperation between Member States

    All Member States shall cooperate with the Member States referred to in Article 12(1) in the implementation of the specific control and inspection programme.

    Article 14

    Joint inspection and surveillance activities

    Part or the whole of the national control action programmes referred to in Article 12 may be implemented by way of a joint deployment plan adopted by ►M1  the EFCA ◄ . in accordance with Regulation (EC) No 768/2005.

    Article 15

    Report on the implementation of national control action programmes

    1.  
    Member States referred to in Article 12(1) shall communicate to the Commission and to ►M1  the EFCA ◄ a report indicating the implementation of their national control action programme referred to in Article 12.

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    2.  
    Interim reports shall be communicated on 15 July and 15 September every year for the period until end of the previous month and a final report shall be communicated on 15 January, covering the previous year.

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    3.  

    This report shall contain the following information, in accordance with the table set out in Annex IV:

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    (a) 

    the inspection and control activities carried out on a monthly basis;

    (b) 

    all infringements detected, including for each infringement the identification of:

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    (i) 

    the fishing vessel (name, flag, gear and ICCAT number, Community fleet register number or external identification code), the trap, the farm or the enterprise engaged in the processing and/or trade of bluefin tuna products concerned;

    (ii) 

    the date and the location of the inspection and the amount of the bluefin tuna related to the infringement;

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    (iii) 

    the nature of the infringement, including information on serious infringements or violations referred to in Articles 10 and 11;

    (iv) 

    the current state of play concerning the follow-up of infringements detected (e.g. case pending, under appeal, still under investigation);

    (v) 

    the description, in specific terms, of any penalties imposed (e.g. level of fines, value of forfeited fish and/or gear, written warning given), together with the supportive documents;

    (vi) 

    an explanation if no action has been taken;

    (c) 

    any relevant coordination and cooperation actions between Member States.

    4.  
    An infringement shall continue to be listed on each subsequent report until the action is concluded under the law of the Member State concerned.

    Article 16

    Additional information

    Member States shall provide the Commission with any additional information that may be requested on the implementation of this Decision.

    Article 17

    Union inspection plan and report

    1.  
    Based on the current Decision and on national control action programmes, and after consultation with the Member States, the Commission shall submit the Union inspection plan to the ICCAT Commission one month before its annual meeting according to point 9 of ICCAT Recommendation 10-04.
    2.  
    The Commission shall convene once a year a meeting of the Committee for Fisheries and Aquaculture to evaluate the compliance with and the results of the specific control and inspection programme with a view to prepare the report the Union is required to provide to the ICCAT Secretariat on 15 October each year.

    CHAPTER IV

    FINAL PROVISIONS

    Article 18

    Addressees

    This Decision is addressed to the Member States.

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    ANNEX I

    BENCHMARKS

    The benchmarks set out in this Annex shall be implemented so as to ensure in particular:

    (a) 

    the full monitoring of caging operations taking place in the EU waters;

    (b) 

    the full monitoring of transfer operations;

    (c) 

    the full monitoring of joint fishing operations;

    (d) 

    the control of all documents required by the legislation applicable to bluefin tuna, in particular verifying the reliability of the information recorded.



    Place of inspection

    Benchmark

    Caging activities (including harvest)

    All caging operation into a farm must have been authorised by the flag Member State of the catching vessel within 48 hours following the submission of the information required for the caging operation;

    The CPC under whose jurisdiction the farm for bluefin tuna is located shall take the necessary measures to prohibit placing in cages for farming or fattening bluefin tuna that are not accompanied by the documents required by ICCAT as confirmed and validated by the catching vessel or trap Flag State authorities (*1) (as provided for by point 86 of ICCAT Recommendation 12-03);

    All caging and harvesting operations shall be inspected, by the competent authorities of the farm Member State in accordance with the relevant control obligations laid down ICCAT Recommendation 06-07 and 12-03;

    Fish shall be caged before 15 August unless valid reason as per Recommendation. 12-03 (as provided for by paragraph 85).

    Inspection at sea

    Benchmark, to be set after a detailed analysis of the fishing activity in each area;

    Benchmarks at sea shall refer to the number of patrol days at sea in the bluefin tuna recovery specific area and shall refer as well to the number of patrol days identifying the fishing season and the type of fishing activity targeted.

    Transfer operation

    Any transfer operations must have been authorised previously by the flag States on the basis of a prior transfer notification (as provided for by point 77 of ICCAT Recommendation 12-03);

    An authorisation number shall be assigned to each transfer operation (as provided for by point 78 of ICCAT Recommendation 12-03);

    A transfer shall be authorised within 48 hours following the submission of the prior transfer notification (as provided for by point 78 of ICCAT Recommendation 12-03);

    An ICCAT transfer declaration shall be sent to the flag State at the end of the transfer operation (as provided for by point 79 of ICCAT Recommendation 12-03);

    All transfer operations must be monitored by video camera in the water (as provided for by point 81 and Annex 9 to ICCAT Recommendation 12-03).

    Transhipments

    All concerned vessels shall be inspected on arrival before the transhipment operations start, as well as before departure after the transhipment operations. Random checks shall be made in non-designated ports;

    A transhipment declaration shall be transmitted to the Flag States no later than 48 hours after the date of transhipment in port (as provided for by point 66 of ICCAT Recommendation 12-03).

    Joint fishing operation

    All joint fishing operations must have been authorised previously by the flag States;

    Member States shall then establish and maintain a record of all joint fishing operations authorised by them.

    Aerial surveillance

    Flexible benchmark, to be set after a detailed analysis of the fishing activity conducted in each area and taking into consideration the available resources at the Member State’s disposal.

    Landings

    All vessels entering a designated port for the purpose of landing bluefin tuna shall be controlled and a percentage shall be inspected based on a risk assessment system, involving quota, fleet size and fishing effort;

    Random checks shall be made in non-designated ports;

    The relevant authority shall send a record of the landings to the flag State authority of the fishing vessel within 48 hours after the landing has ended (as provided for by point 70 of ICCAT Recommendation 12-03).

    Marketing

    Flexible benchmark, to be set after a detailed analysis of the marketing activity conducted.

    Sport and Recreational Fisheries

    Flexible benchmark, to be set after a detailed analysis of the sport and recreational fisheries activities conducted.

    Traps

    100 % of harvesting and transfer operations shall be inspected.

    (*1)   

    Modification requested by Malta by mail 12 June 2013.




    ANNEX II

    PROCEDURES TO BE FOLLOWED BY OFFICIALS

    1.    Inspection tasks

    1.1.    General inspection tasks

    An inspection report shall be drawn up for each control and inspection, in the appropriate format as established in point 2 of this Annex. Officials shall in any case verify and note in their report the following information:

    (1) 

    the details of the identity of the responsible persons, as well as those of the vessel, farm, trap, personnel etc. involved in the activities inspected;

    (2) 

    the authorisations, licences and fishing authorisation;

    (3) 

    relevant vessel documentation such as the logbooks, transfer and transhipment declarations, ICCAT bluefin tuna catch documents, re-export certificates and other documentation examined for the purpose of the control and inspection as provided for by ICCAT Recommendation 12-03;

    (4) 

    detailed observation of the sizes of bluefin tuna caught, trapped, transferred, transhipped, landed, transported, farmed, processed or traded in the context of compliance with the provisions of the recovery plan;

    (5) 

    the by-catch percentage of bluefin tuna retained on board vessels not fishing actively for bluefin tuna.

    The information referred to all relevant findings from the inspection done at sea, by aerial surveillance, in ports, traps, farms or in any other enterprise concerned shall be noted in the inspection reports. In case of an inspection in the framework of the ICCAT Scheme of Joint International Inspection, the inspection party should register the inspections undertaken and any infringements detected in the vessel log.

    Those findings shall be compared with the information made available to the officials by other competent authorities, including Vessel Monitoring System (VMS) information, lists of authorised vessels, observer’s reports, video records and all documents related to fishing activities.

    1.2.    Inspection tasks for aerial surveillance

    Officials shall report on surveillance data for cross-checking purposes, and in particular verify sightings of fishing vessels against VMS and authorised lists.

    Officials shall sight and report on Illegal Unidentified and Unreported (IUU) fishing activities, and on the use of spotting aircrafts or helicopters.

    Particular attention shall be devoted to closure areas, fishing season’s periods as defined in point 21 to 26 of ICCAT Recommendation 12-03, and to the activities of fleets for which derogations apply.

    1.3.    Inspection tasks at sea

    1.3.1.    General inspection tasks

    Where dead fish are onboard a catching vessel or present onboard any other vessel, officials shall always verify if the fish is legally retained on board. Officials shall verify the quantities of all fish species retained on board in order to ensure compliance with ICCAT by-catch and minimum size rules.

    Where live fish are being transferred, officials shall seek to identify the means used by the parties involved to estimate the quantities, expressed in numbers ( 7 ) of live bluefin tuna transferred. Where video footage is available, officials shall gain access to, verify the quantities transferred as observed by the video footage and verify that the video footage respects the minimum standards for video recording procedures as defined in Annex 9 to ICCAT Recommendation 12-03.

    Officials shall systematically verify during all inspections:

    (1) 

    that the fishing vessels are authorised to operate (markings, identity, licence, fishing authorisation and ICCAT lists);

    (2) 

    compliance with the vessel documentation requirements;

    (3) 

    that the fishing vessels are equipped with an operational VMS and that requirements on VMS transmission are respected;

    (4) 

    fishing vessels are not operating inside close areas and are respecting the closure of fishing seasons;

    (5) 

    respect of quotas and by-catch limitations;

    (6) 

    the size composition of catches on board;

    (7) 

    the physical quantities of catches on board, and their presentation;

    (8) 

    the fishing gear on board;

    (9) 

    the presence of an observer where it is relevant.

    Officials shall sight and report on IUU fishing activities, and on the use of spotting aircrafts or helicopters.

    1.3.2.    Inspection tasks at transfer operations

    Officials shall systematically verify:

    (1) 

    compliance with the requirements regarding the prior transfer notification (where possible);

    (2) 

    that the flag State has assigned and communicated to the master of the fishing vessel, or trap or farm as appropriate, an authorisation number for each transfer operation within 48 hours following the submission of the prior transfer notification;

    (3) 

    compliance with the ICCAT transfer declaration requirements;

    (4) 

    if the transfer declaration has been signed by the ICCAT regional observer on board and transmitted to the master of the towing vessel;

    (5) 

    Compliance with the video recording requirements as defined in Annex 9 to ICCAT Recommendation 12-03.

    1.3.3.    Inspection tasks at joint fishing operations

    Officials shall systematically verify:

    (1) 

    compliance with the joint fishing operations’ requirements regarding the information to be reported in the fishing logbook including allocation key;

    (2) 

    that a joint fishing operation authorisation has been delivered to the fishing vessels by their flag States authorities using the model set out in Annex V to Regulation (EC) No 302/2009;

    (3) 

    the presence of an ICCAT regional observer during the joint fishing operation.

    1.4.    Inspection tasks at landing

    Officials shall systematically verify for those landings inspected in accordance with the provisions laid down in Recommendation 12-03:

    (1) 

    that fishing vessels are authorised to operate (markings, identity, licence, fishing authorisation and ICCAT lists, if relevant);

    (2) 

    that the pre-notification of arrival for landing was received in due time by the competent authorities;

    (3) 

    that a record of the landing is sent to the flag State authority of the fishing vessel, within 48 hours after the landing has ended;

    (4) 

    that an accurate landing declaration is sent by the master of the catching vessel within 48 hours after the landing has ended to his/her flag state authorities and port state authorities where applicable;

    (5) 

    that the fishing vessels are equipped with an operational VMS and that requirements on VMS transmission are respected;

    (6) 

    compliance with the vessel documentation requirements;

    (7) 

    the physical quantities of bluefin tuna on board, and presentation;

    (8) 

    the total catch composition on board in order to verify the respect of by-catch rules and, in the case of longliners, the implementation of relevant management measures;

    (9) 

    the size composition of catches of bluefin tuna on board in order to verify the minimum size rules);

    (10) 

    the fishing gears on board;

    (11) 

    in the case of landing of processed products, the use of the ICCAT conversion factors to calculate the equivalent round weight of the processed bluefin tuna;

    (12) 

    that the bluefin tuna offered for retail sale to the final consumer, from fishing vessels and/or traps in the eastern Atlantic and the Mediterranean, is correctly marked or labelled;

    (13) 

    that the bluefin tuna landed by the bait boats, long liners, hand liners or trolling boats in the eastern Atlantic and the Mediterranean is correctly tail tagged where applicable.

    1.5.    Inspection tasks during transhipment

    Officials shall systematically verify:

    (1) 

    that the fishing vessels are authorised to operate (markings, identity, licence, fishing authorisation and ICCAT lists);

    (2) 

    that the pre-notification of arrival in port was sent and contained the correct information concerning the transhipment;

    (3) 

    that transhipping fishing vessels wishing to tranship have received prior authorisation from their flag State;

    (4) 

    that the quantities pre-notified to be transhipped are verified;

    (5) 

    that a transhipment declaration has been transmitted to the Port State States no later than 48 hours after the date of transhipment in port;

    (6) 

    that the relevant documentation is on board is present and duly completed, including the transhipment declaration, the relevant and ICCAT bluefin tuna catch document and re-export certificate;

    (7) 

    in the case of processed products, the use of the ICCAT conversion factors to calculate the equivalent round weight of the processed bluefin tuna.

    1.6.    Inspection tasks on farm installations

    Officials shall systematically verify:

    (1) 

    that the relevant documentation is present and duly completed and reported (bluefin tuna catch document and re-export certificate, transfer and caging declarations, transhipment declaration);

    (2) 

    that the caging operation has been previously authorised by the catching vessel flag State authorities;

    (3) 

    that an ICCAT regional observer was present during all transfer, caging and harvesting of bluefin tuna, and has validated the caging declarations;

    (4) 

    that all the transfer and caging activities in the farm have been monitored by video camera in the water, and that the video record is made available for the inspectors and complies with the video recording requirements as defined in Annex 9 to ICCAT Recommendation 12-03.

    (5) 

    that all caging activities have been subject to a programme using stereoscopical cameras or techniques that provide the equivalent precision in order to refine the number and weight of fish being caged;

    (6) 

    that the farming State will not accept caging of bluefin tuna where the quantity by number and/or weight above that authorised to be caged by the flag State.

    1.7.    Inspection tasks concerning transports and marketing

    Officials shall systematically verify:

    (1) 

    as regards transport, in particular the relevant accompanying documents and check them against the physical quantities transported;

    (2) 

    as regards marketing, that the relevant documentation is present and duly completed, including the relevant bluefin tuna catch document and re-export certificate.

    2.    Inspection reports

    (1) For the inspections undertaken in the framework of the ICCAT Scheme of Joint International Inspection, officials shall use the template of the Appendix to this Annex.

    (2) For the other inspections, officials shall use the inspection reports as per Article 76 of Regulation (EC) No 1224/2009. Inspection reports shall include the relevant information contained in the appropriate inspection module established in Annex XXVII as required in Article 115 of Commission Implementing Regulation (EU) No 404/2011 ( 8 ).




    Appendix

    ICCAT REPORT OF INSPECTION No …