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Document 02004R0601-20100101
Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999
Consolidated text: Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999
Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999
02004R0601 — EN — 01.01.2010 — 002.001
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COUNCIL REGULATION (EC) No 601/2004 of 22 March 2004 (OJ L 097 1.4.2004, p. 16) |
Amended by:
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L 248 |
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L 286 |
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29.10.2008 |
COUNCIL REGULATION (EC) No 601/2004
of 22 March 2004
laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999
CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1
Subject matter
This Regulation lays down general rules and conditions for the application by the Community of:
control measures applicable to fishing vessels flying the flag of a Contracting Party to the Convention for the conservation of Antarctic marine living resources, (Convention), operating in the Convention area in waters located beyond the limits of national jurisdictions;
a system to promote compliance by vessels flying the flag of a non-Contracting Party to the Convention with conservation measures laid down by the Commission for the conservation of Antarctic marine living resources, (CCAMLR).
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
‘Convention area’: means the area of application of the Convention as defined in Article 1 thereof;
‘Antarctic convergence’: means a line joining the following points along parallels of latitude and meridians of longitude: 50 °S, 0° — 50 °S, 30 °E — 45 °S, 30 °E — 45 °S, 80 °E — 55 °S, 80 °E — 55 °S, 150 °E — 60 °S, 150 °E — 60 °S, 50 °W — 50 °S, 50 °W — 50 °S, 0°;
‘Community fishing vessel’: means a fishing vessel flying the flag of a Community Member State and registered in the Community which takes and keeps on board marine organisms taken from marine living resources in the Convention area;
‘VMS system’: means a satellite-based vessel monitoring system installed on board Community fishing vessels in accordance with Article 3 of Regulation (EEC) No 2847/93;
‘new fishery’: means a fishery for a species using a particular fishing method in a FAO Antarctic statistical subarea, for which:
information on distribution, abundance, population, potential yield and stock identity from comprehensive research/surveys or exploratory fishing have never been submitted to the CCAMLR; or
catch and effort data have never been submitted to the CCAMLR; or
catch and effort data from the two most recent seasons in which fishing took place have never been submitted to the CCAMLR;
‘exploratory fishery’: means a fishery that was previously classified as a ‘new fishery’ as defined in paragraph (e). An exploratory fishery shall continue to be classified as such until sufficient information is available:
to evaluate the distribution, abundance and population of the target species, leading to an estimate of the fishery's potential yield;
to review the fishery's potential impacts on dependent and related species, and
to allow the CCAMLR's Scientific Committee to formulate and provide advice on appropriate harvest catch levels, as well as on effort levels and fishing gear where appropriate;
‘CCAMLR inspector’: an inspector designated by a Contracting Party to the Convention to implementing the control system referred to in Article 1(1);
‘CCAMLR system of inspection’: means the document bearing that name, adopted by the CCAMLR, concerning the control and inspection at sea of vessels flying the flag of a Contracting Party to the Convention;
‘non-Contracting Party vessel’: means a fishing vessel which flies the flag of a non-Contracting Party to the Convention and which has been sighted engaging in fishing activities in the Convention area;
‘Contracting Party’: means a contracting party to the Convention;
‘Contracting Party vessel’: means a fishing vessel which flies the flag of a Contracting Party to the Convention;
‘sighting’: means any sighting of a vessel flying the flag of a non-Contracting Party to the Convention by a vessel flying the flag of a Contracting Party to the Convention and operating in the Convention area, or by an aircraft registered in a Contracting Party to the Convention, and overflying the Convention area, or by a CCAMLR inspector;
‘IUU activities’ means illegal, unregulated and unreported fishing activities in the Convention area;
‘IUU vessel’: means any vessel engaged in illegal, unregulated and unreported fishing activities in the Convention area.
CHAPTER II
ACCESS TO FISHING ACTIVITIES IN THE CONVENTION AREA
Article 3
Special fishing permit
The Member States shall transmit to the Commission, by computer transmission, within three days from the date of issue of the permit referred to in paragraph 1, the following information concerning the vessel covered by the permit:
the name of the vessel concerned;
type of vessel;
length;
vessel IMO number (if issued);
where and when it was built;
previous flag, if any;
international Radio Call Sign;
name and address of vessel’s owner(s), and any beneficial owner(s), if known;
colour photographs of the vessel, which shall consist of:
one photograph not smaller than 12 × 7 cm showing the starboard side of the vessel, displaying its full overall length and complete structural features;
one photograph not smaller than 12 × 7 cm showing the port side of the vessel, displaying its full overall length and complete structural features;
one photograph not smaller than 12 × 7 cm showing the stern, taken directly from astern;
the period for which it is authorised to fish in the Convention area, with the dates on which fishing activities start and end;
the fishing area or areas;
the target species;
the gear used;
measures taken to ensure tamper-proof operation of the satellite monitoring device installed on board.
Member States shall, to the extent practicable, also communicate to the Commission the following information relating to vessels authorised to fish in the CCAMLR area:
name and address of operator, if different from vessel owner(s);
names and nationality of master, and, where relevant, of fishing master;
type of fishing method or methods;
beam (m);
gross registered tonnage;
vessel communication types and numbers (INMARSAT A, B and C numbers);
normal crew complement;
power of main engine or engines (kW);
carrying capacity (tonnes), number of fish holds and their capacity (m3);
any other information (e.g. ice classification) considered appropriate.
The Commission shall transmit such information to the CCAMLR Secretariat without delay.
Article 4
General rules of conduct
Article 5
Access to crab fisheries
Article 5a
Notifications of intent to participate in a krill fishery
All Contracting Parties intending to fish for krill in the Convention Area shall notify the Secretariat of their intent not less than four months in advance of the regular annual meeting of the CCAMLR, immediately prior to the season in which they intend to fish.
Article 6
Access to new fisheries
The notification shall be accompanied by as much of the following information as the Member State is able to provide:
the nature of the proposed fishery, including target species, methods of fishing, the proposed region and any minimum level of catches required to develop a viable fishery;
biological information from comprehensive research/survey cruises, such as distribution, abundance, population data and information on stock identity;
details of dependent and associated species and the likelihood of such species being affected in any way at all by the proposed fishery;
information from other fisheries in the region or similar fisheries elsewhere that may assist in the evaluation of potential yield;
if the proposed fishery is to be undertaken using bottom trawl gear, information on the known and anticipated impacts of this gear on vulnerable marine ecosystems, including benthos and benthic communities.
Where the CCAMLR approves a new fishery, that fishery shall be authorised:
by the Commission in cases where the CCAMLR has not adopted any conservation measure with regard to the new fishery, or
by the Council, acting by a qualified majority on a proposal from the Commission, in all other cases.
Article 7
Access to exploratory fisheries
Vessels which appear on the CCAMLR IUU vessel list referred to in Article 29 shall not be eligible to participate in an exploratory fishery.
The plan shall contain as much of the following information as the Member State is able to provide:
a description of how the Member State's activities are to comply with the data collection plan developed by the CCAMLR Scientific Committee;
the nature of the exploratory fishery, including target species, methods of fishing, proposed region and maximum catch levels proposed for the forthcoming season;
biological information from comprehensive research or survey cruises, such as distribution, abundance, population data, and information on stock identity;
details of dependent and related species and the likelihood of such species being adversely affected in any way at all by the proposed fishery;
information from other fisheries in the region or similar fisheries elsewhere that may assist in the evaluation of potential yield.
Where the data specified in the data collection plan have not been submitted to the CCAMLR for the most recent season in which fishing took place, continued exploratory fishing by the Member State which failed to submit its data shall be prohibited until the relevant data have been submitted to the CCAMLR, with a copy to the Commission, and the CCAMLR Scientific Committee has been given an opportunity to review the data.
Article 7a
Special requirements for exploratory fisheries
Fishing vessels participating in exploratory fisheries shall be subject to the following additional requirements:
vessels shall be prohibited from discharging:
oil or fuel products, or oily residues into the sea, except as permitted in Annex I to the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78);
garbage;
food wastes not capable of passing through a screen with openings no greater than 25 mm;
poultry or parts thereof (including egg shells);
sewage within 12 nautical miles of land or ice shelves, or sewage while the ship is travelling at a speed of less than four knots; or
incineration ash;
no live poultry or other living birds shall be brought into Subareas 88.1 and 88.2 and any dressed poultry not consumed shall be removed from Subareas 88.1 and 88.2;
fishing for Dissostichus spp. in Subareas 88.1 and 88.2 shall be prohibited within 10 nautical miles of the coast of the Balleny Islands.
Article 7b
Tagging programme
Each fishing vessel participating in the exploratory fisheries shall implement a tagging programme as follows:
Dissostichus spp. individuals shall be tagged and released in accordance with the provisions set out in the CCAMLR Tagging Program and Protocol for Dissostichus spp. in exploratory fisheries. Vessels shall only discontinue tagging after they have tagged 500 individuals, or leave the fishery having tagged Dissostichus spp. at the specified rate;
the programme shall target individuals of all sizes in order to meet the tagging requirement; only toothfish that are in good condition shall be tagged. All released individuals shall be double-tagged and releases shall cover as broad a geographical area as possible; in regions where both Dissostichus species occur, the tagging rate shall, to the extent possible, be in proportion to the species and size of Dissostichus spp. present in the catches;
all tags shall be clearly imprinted with a unique serial number and a return address so that the origin of tags can be retraced in the case of recapture of the tagged individual; from 1 September 2007 all tags for use in an exploratory fishery shall be sourced from the Secretariat;
all recaptured tagged individuals (i.e. fish caught with a previously inserted tag) shall not be re-released, even if they were at liberty for only a short period;
all recaptured tagged individuals shall be biologically sampled (length, weight, sex, gonad stage), an electronic time-stamped photograph taken of the fish, the otoliths recovered and the tag removed;
all relevant tag data and any data recording tag recaptures shall be reported electronically in the CCAMLR format to the CCAMLR within three months of the vessel departing these fisheries;
all relevant tag data, any data recording tag recaptures and specimens from recaptures shall also be reported electronically in the CCAMLR format to the relevant regional tag data repository as detailed in the CCAMLR Tagging Protocol.
Article 8
Access to scientific research
Member States whose vessels intend to conduct scientific research where the estimated catch is expected to be less than 50 tonnes of finfish, including not more than 10 tonnes of Dissostichus spp., and less than 0,1 % of a given catch limit for krill, squid and crab, shall submit directly to the CCAMLR, with a copy to the Commission, the following data:
the name of the vessel concerned;
its external identification mark;
the division and subarea in which the research is to be conducted;
the estimated dates of entering and leaving the Convention area;
the purpose of the research;
the fishing equipment likely to be used.
CHAPTER III
DATA REPORTING SYSTEM
SECTION 1
CATCH AND EFFORT REPORT
Article 9
Catch and effort report
The catch and effort report shall contain the following information for the period in question:
the name of the vessel concerned;
its external identification mark;
the total catch of the relevant species;
the total number of days and hours fished;
the catches of all species and by-catch species kept on board during the reporting period;
in the case of longline fisheries, the number of hooks.
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Article 10
Monthly catch and effort reporting system
This system shall apply to:
the fishery for Electrona carlsbergi in FAO statistical subarea 48.3;
the fishery for Euphausia superba in FAO statistical area 48 and in FAO statistical divisions 58.4.2 and 58.4.1.
Article 11
The 10-day catch and effort reporting system
This system shall apply to:
the fisheries for Champsocephalus gunnari and Dissostichus eleginoides and other deep-water species in FAO statistical division 58.5.2;
the exploratory fishery for the squid Martialia hyadesi in FAO statistical subarea 48.3;
the fishery for the crab Paralomis spp. (order Decapoda, suborder Reptantia) in FAO statistical sub-area 48.3, other than that operated during the first phase of the CCAMLR exploratory fishery scheme for that species and subarea.
Article 12
Five-day catch and effort reporting system
This system shall apply for each fishing season to:
the fishery for Champsocephalus gunnari in FAO statistical sub-area 48.3;
the fishery for Dissostichus eleginoides in FAO statistical sub-areas 48.3 and 48.4;
the exploratory fisheries for Dissostichus eleginoides in all the Convention Area, by fine-scale rectangles as defined in Article 2(d) of Regulation (EC) No 600/2004.
SECTION 2
MONTHLY FINE-SCALE DATA REPORTING SYSTEMS FOR TRAWL, LONGLINE AND POT FISHERIES
Article 13
Monthly fine-scale catch and effort data reporting system
Community fishing vessels shall transmit to the competent authorities of the Member State whose flag they fly, for each fishing season, by the 15th day of the month following that in which fishing takes place, fine-scale catch and effort data for the month concerned, concerning, as appropriate, trawling, longlining or pot fishing, for the following species and areas:
Champsocephalus gunnari in FAO statistical division 58.5.2 and subarea 48.3;
Dissostichus eleginoides in FAO statistical subareas 48.3 and 48.4;
Dissostichus eleginoides in FAO statistical division 58.5.2;
Electrona carlsbergi in FAO statistical subarea 48.3;
Martialia hyadesi in FAO statistical subarea 48.3;
Paralomis spp. (order Decapoda, sub-order Reptantia) in FAO statistical subarea 48.3, other than that fished during the first phase of the CCAMLR exploratory fishery scheme for that species and subarea.
Article 14
Monthly fine-scale biological data reporting system
Article 15
Closure of a fishery on grounds of failure to submit a report
Where the CCAMLR notifies a Member State that a fishery has been closed on account of failure to submit a report as provided for in Articles 13 and 14, the Member State concerned shall ensure that its vessels participating in that fishery cease fishing immediately.
SECTION 3
ANNUAL REPORTING OF CATCHES
Article 16
Total catch data
Article 17
Aggregated data for krill fisheries
Article 18
Data for catches of crab in FAO statistical subarea 48.3
Article 19
Fine-scale catch and effort data for the exploratory squid fishery in FAO statistical subarea 48.3
CHAPTER IV
CONTROL AND INSPECTION
SECTION 1
CONTROL AND INSPECTION AT SEA
Article 20
Scope
This Chapter shall apply to Community fishing vessels and fishing vessels flying the flag of another Contracting Party to the Convention.
Article 21
CCAMLR inspectors designated by the Member States to carry out inspections at sea
Article 22
Determining the activities that may be subject to inspection
Research activities and the harvesting of marine living resources in the Convention area may be subject to inspection. Those activities shall be presumed where a CCAMLR inspector finds that the activities of a fishing vessel meet one or more of the following four criteria and there is no information to the contrary:
fishing gear is in use, has recently been in use or is ready to be used, including:
nets, lines or pots are in the water;
trawl nets and doors are rigged;
baited hooks, baited pots or traps or thawed bait are ready for use;
logbook indicates recent fishing or fishing commencing;
fish which occur in the Convention area are being processed or have recently been processed, including:
fresh fish or fish waste are stowed on board;
fish are being frozen;
operational or product information is available in this respect;
fishing gear from the vessel is in the water, including:
fishing gear bears the vessel's markings;
fishing gear matching that on board the vessel;
the logbook indicates that gear is in the water;
fish (or their products) which occur in the Convention area are stowed on board.
Article 23
Marking of vessels carrying inspectors
Article 24
Inspection procedures at sea
Interference with an inspector or failure to comply with reasonable requests made by an inspector in the performance of his duties shall be treated by the flag Member State as if the inspector were an inspector of that Member State.
The flag Member State shall report on actions taken under this paragraph in accordance with Article 26.
Article 25
Inspection report
Inspections at sea carried out in accordance with Article 24 shall be the subject of an inspection report in the form approved by the CCAMLR drawn up as follows:
CCAMLR inspectors shall report on any alleged breach of the conservation measures in force. Inspectors shall allow the master of the vessel being inspected to comment, on the inspection report form, about any aspect of the inspection;
inspectors shall sign the inspection report form. The master of the inspected vessel shall be invited to sign the inspection report form to acknowledge receipt of the report.
The Member State shall also transmit one copy of the report together with copies of photographs and video footage to the Commission no later than seven days from the date of its receipt together with any supplementary report or information transmitted subsequently to the CCAMLR regarding the inspection report.
Article 26
Infringement procedure
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SECTION 2
CONTROL AND INSPECTION IN PORT
Article 27
Control and inspection in port
The inspections shall seek to establish that:
the catch to be landed or transshipped:
is accompanied by the catch document for Dissostichus required under Council Regulation (EC) No 1035/2001 of 22 May 2001 establishing a catch documentation scheme for Dissostichus spp. ( 12 ); and
it corresponds to the information contained in the document;
where the vessel has engaged in harvesting activities in the Convention area, that they are in compliance with the CCAMLR conservation measures.
In the case of vessels authorised to enter port, the competent authorities in the port Member State shall carry out their inspections as rapidly as possible and at the latest within 48 hours following entry into port.
Inspections shall impose no undue burdens on the vessel or its crew, and shall be guided by the relevant provisions of the CCAMLR system of inspection.
The port Member State shall notify the flag State of its findings and cooperate with it in carrying out an investigation into the alleged breach and, where appropriate, applying the penalties provided for under national law.
CHAPTER V
VESSELS ENGAGED IN ILLEGAL, UNREGULATED AND UNREPORTED (IUU) FISHING IN THE CONVENTION AREA
SECTION 2
NON-CONTRACTING PARTY VESSELS
▼M2 —————
Article 32
IUU activities carried out by non-Contracting Party vessels
Article 33
Inspection of non-Contracting Party vessels
Article 34
Information on non-Contracting Party vessels
Article 35
Measures in respect of non-Contracting Party vessels
Article 30(1), (2) and (3) shall apply mutatis mutandis to the non-Contracting Party vessels listed in the IUU vessel list referred to in Article 34(4).
CHAPTER VI
FINAL PROVISIONS
Article 36
Implementation
The measures necessary for implementing Articles 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 21, 23, 24, 25, 26, and 27 shall be adopted in accordance with the procedure referred to in Article 37(2).
Article 37
Committee procedure
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
Article 38
Repeal
Article 39
Entry into force
This Regulation shall enter into force on the seventh 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.
( 1 ) Opinion delivered on 16.12.2003 (not yet published in the Official Journal).
( 2 ) OJ L 252, 5.9.1981, p. 26.
( 3 ) OJ L 261, 20.10.1993, p.1. Regulation as last amended by Regulation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).
( 4 ) OJ L 379, 31.12.1990, p. 45.
( 5 ) OJ L 6, 10.1.1998, p.1. Regulation as last amended by Regulation (EC) No 2742/1999 (OJ L 341, 31.12.1999, p. 1).
( 6 ) OJ L 203, 3.8.1999, p. 14.
( 7 ) OJ L 184, 17.7.1999, p. 23.
( 8 ) OJ L 171, 6.7.1994, p. 7.
( 9 ) OJ L 266, 1.10.1998, p. 27. Regulation repealed by Regulation (EC) No 26/2004 (OJ L 5, 9.1.2004, p. 25).
( 10 ) See page 1 of this Official Journal.
( 11 ) OJ L 358, 31.12.2002, p. 59.
( 12 ) OJ L 145, 31.05.2001, p. 1. Regulation as amended by Regulation (EC) No 669/2003 (OJ L 97, 15.4.2003, p. 1).