Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish

• Published date: 03 October 2001
• Official Gazette Publication: Gazzetta ufficiale delle Comunità europee, L 263, 03 ottobre 2001,Diario Oficial de las Comunidades Europeas, L 263, 03 de octubre de 2001,Journal officiel des Communautés européennes, L 263, 03 octobre 2001

02001R1936 — EN — 03.12.2017 — 004.001

---

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

►B COUNCIL REGULATION (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish (OJ L 263 3.10.2001, p. 1)

Amended by:

		Official Journal
		No	page	date
►M1	COUNCIL REGULATION (EC) No 869/2004 of 26 April 2004	L 162	8	30.4.2004
►M2	COUNCIL REGULATION (EC) No 1005/2008 of 29 September 2008	L 286	1	29.10.2008
►M3	COUNCIL REGULATION (EC) No 302/2009 of 6 April 2009	L 96	1	15.4.2009
►M4	REGULATION (EU) 2017/2107 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 November 2017	L 315	1	30.11.2017

---

▼B

COUNCIL REGULATION (EC) No 1936/2001

of 27 September 2001

laying down control measures applicable to fishing for certain stocks of highly migratory fish

Article 1

Purpose

This Regulation lays down control and inspection measures relating to fishing for stocks of the highly migratory fish species listed in Annex I to this Regulation and shall apply to vessels flying the flag of Member States and registered in the Community, (hereinafter referred to as Community fishing vessels), operating in one of the zones specified in Article 2.

Article 2

Zones

For the purposes of this Regulation the following marine zones are specified:

(a) Zone 1:

All waters of the Atlantic Ocean and adjacent seas included in the ICCAT Convention area specified in Article I of that Convention.

(b) Zone 2:

All Indian Ocean waters included in the area of competence specified in Article II of the Agreement for the establishment of the IOTC.

(c) Zone 3:

All Eastern Pacific Ocean waters included in the area specified in Article III of the Agreement on the International Dolphin Conservation Programme.

Article 3

Definitions

For the purposes of this Regulation the following definitions shall apply:

(a) ‘boarding’: the boarding of a fishing vessel within an organisation's area of competence by one or more authorised inspectors in order to make an inspection;

(b) ‘transhipment’: unloading of any quantity of highly migratory fish and/or products from such fish from on board a fishing vessel to another vessel either at sea or in port, without the products having been recorded by a port State as landed;

(c) ‘landing’: unloading of any quantity of highly migratory fish and/or products from such fish from on board a fishing vessel to port or to land;

(d) ‘infringement’: any presumed act committed or omitted by a fishing vessel that is recorded in an inspection report and gives serious reason for suspecting a breach of the provisions of this Regulation or any other Regulation transposing a recommendation adopted by a regional organisation for one of the zones indicated in Article 2;

(e) ‘vessel of a non-Contracting Party’: vessel observed and identified as engaged in fishing activities in one of the zones specified in Article 2 that is flying the flag of a country that is not a Contracting Party to the relevant regional organisation;

(f) ‘stateless vessel’: vessel for which there are reasonable grounds for suspecting it to be without nationality;

▼M1

(g) ‘fattening’: raising of individuals in cages to increase their weight or fat content with a view to marketing;

(h) ‘caging’: placing of wild individuals of any size in closed structures (cages) for fattening;

(i) ‘fattening farm’: enterprise which raises wild individuals in cages for fattening;

(j) ‘transport vessel’: vessel receiving wild individuals and transporting them live to fattening farms.

▼B

CHAPTER I

CONTROL AND INSPECTION MEASURES APPLICABLE IN ZONE 1

Section 1

Control measures

▼M4 —————

▼M1

Article 4a

Activities of vessels participating in operations relating to bluefin tuna fattening

1. Each master of a Community vessel that transfers bluefin tuna for fattening to a transport vessel shall enter in his logbook:

— quantity of bluefin tuna transferred and the number of fish,

— catch zone,

— date and position of transfer of bluefin tuna,

— name of transport vessel, its flag, registration number and international radio call sign,

— name(s) of fattening farm(s) of destination of the quantity of bluefin tuna transferred.

2. Each master of a transport vessel to which bluefin tuna have been transferred shall enter:

(a) quantity of bluefin tuna transferred per fishing vessel and the number of fish;

(b) the name of the vessel that caught the quantities referred to in a), together with its flag, registration number and international radio call sign;

(c) date and position of transfer of bluefin tuna;

(d) name(s) of fattening farm(s) of destination of bluefin tuna.

3. The master shall be exempt from the obligation laid down in paragraph 2 if the entry is replaced with a copy of the transhipment declaration provided for in Article 11 of Regulation (EEC) No 2847/93 or a copy of document T2M referred to in Article 13 of Regulation (EEC) No 2847/93 indicating the information referred to in paragraph 2(c) of this Article.

4. Member States shall ensure that all bluefin tuna put into cages by vessels flying their flag are registered by their competent authority. They shall notify to the Commission, in line with Article 5, the quantities of bluefin tuna caught and caged by vessels flying their flag (task I as defined by ICCAT).

For exports and imports of bluefin tuna intended for fattening Member States shall send the Commission the numbers and dates of the statistical documents indicated in Council Regulation (EC) No 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 ( 1 ) validated by them and state the third country of destination declared.

▼M3 —————

▼M1

Article 4b

Activities of bluefin tuna fattening farms

1. Member States shall act to ensure that bluefin tuna fattening farms under their jurisdiction submit a caging declaration as referred to in Annex 1a to their competent authority 72 hours after the end of each caging operation by a fishing or transport vessel. Submission of such declarations, containing all the information required under this Article, shall be the responsibility of fattening farms approved by Member States.

2. Member States shall act to ensure that fattening farms as indicated in paragraph 1 submit to them by 1 July each year a marketing declaration for the bluefin tuna fattened.

3. The marketing declaration for bluefin tuna fattened indicated in paragraph 2 must give the following information:

— name of farm,

— address,

— owner,

— quantity of bluefin tuna (in tonnes) marketed in previous year,

— destination of tuna (name of purchaser, country, date of sale),

— for exports and imports, numbers and dates of validation of statistical documents indicated in Regulation (EC) No 1984/2003,

— duration of fattening of tuna marketed (in months), where possible,

— average size of tuna marketed.

4. On the basis of the declaration submitted under paragraphs 1 and 3 Member States shall electronically notify to the Commission by 1 August each year:

— the quantities of bluefin tuna caged during the previous year,

— the quantities of bluefin tuna marketed during the previous year.

Article 4c

Register of bluefin tuna fattening farms

1. Before 30 April 2004 each Member State shall send the Commission electronically a list of the fattening farms under its jurisdiction which it authorises to conduct fattening operations on bluefin tuna caught in the Convention area.

2. The list referred to in paragraph 1 shall give the following information:

— name of farm, its national registration number,

— location of farm,

— capacity of farm (in tonnes).

3. The Commission shall forward this information to the ICCAT Executive Secretariat before 31 August 2004 so that the fattening farms concerned are entered in the ICCAT register of farms authorised to conduct fattening operations on bluefin tuna caught in the ICCAT Convention area.

4. Any change to be made to the list indicated in paragraph 1 shall be notified to the Commission for transmission to the ICCAT Executive Secretariat, the same provisions...