COMMISSION 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)
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
Article 2
Temporal and territorial scope
Article 3
Material scope
CHAPTER II
OBJECTIVES, PRIORITIES, BENCHMARKS AND PROCEDURES
Article 4
Objectives
Article 5
Priorities
Article 6
Benchmarks
Article 7
Procedures
Article 8
Joint procedures
Article 9
Notification of surveillance and inspection activities
Article 10
Information of infringements
Article 11
Immediate enforcement measures in case of serious infringements
CHAPTER III
IMPLEMENTATION
Article 12
National control action programmes
Article 13
Cooperation between Member States
Article 14
Joint inspection and surveillance activities
Article 15
Report on the implementation of national control action programmes
Article 16
Additional information
Article 17
Union inspection plan and report
CHAPTER IV
FINAL PROVISIONS
Article 18
Addressees
ANNEX I
BENCHMARKS
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; All caging for farming or fattening BFT shall be accompanied by accurate, complete and validated documentation as required by ICCAT (as provided for by point 84 of ICCAT Recommendation 10-04); Each caging operation and harvesting process shall be inspected, including by the relevant authorities of the port; All caging operations shall be monitored by video camera in the water (as provided for by point 86 of ICCAT Recommendation 10-04); Fish shall be caged before 31 July unless valid reason as per Rec. 10-04 (as provided for by point 83 of ICCAT Recommendation 10-04). |
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 75 of ICCAT Recommendation 10-04); An authorisation number shall be assigned to each transfer operation (as provided for by point 76 of ICCAT Recommendation 10-04); A transfer shall be authorised within 48 hours following the submission of the prior transfer notification (as provided for by point 76 of ICCAT Recommendation 10-04); An ICCAT transfer declaration shall be sent to the flag State at the end of the transfer operation (as provided for by point 77 of ICCAT Recommendation 10-04); All transfer operations must be monitored by video camera in the water (as provided for by point 79 of ICCAT Recommendation 10-04). |
Transhipments |
All 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 69 of ICCAT Recommendation 10-04). |
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 inspected; 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 68 of ICCAT Recommendation 10-04). |
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 |
All trap operations, including transfer and harvesting, shall be inspected. |
ANNEX II
PROCEDURES TO BE FOLLOWED BY OFFICIALS
1.
Inspection tasks
1.1.
General inspection tasks
1.2.
Inspection tasks for aerial surveillance
1.3.
Inspection tasks at sea
1.3.1.
General inspection tasks
1.3.2.
Inspection tasks at transfer operations
1.3.3.
Inspection tasks at joint fishing operations
1.4.
Inspection tasks at landing
1.5.
Inspection tasks during transhipment
1.6.
Inspection tasks on farm installations
1.7.
Inspection tasks concerning transports and marketing
2.
Inspection reports
Appendix 1
ICCAT REPORT OF INSPECTION No …
SERIOUS VIOLATIONS OBSERVED
ANNEX III
Contents of national control action programmes as referred to in Article 12
1.
MEANS OF CONTROL
1. Human means
2. Technical means
3. Financial means
2.
DESIGNATION OF PORTS
3.
ANNUAL FISHING PLANS
4.
INSPECTION PROTOCOLS
1.
Catches:
2.
Transfer:
3.
Farm:
4.
Harvest and export:
5.
GUIDELINES
6.
COMMUNICATION PROTOCOLS
ANNEX IV
Reporting by: |
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Member State |
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Month |
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year |
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Purse seiners |
Longliners |
Baitboats |
Trawlers |
Tugs/Towing |
Other vessels |
Trap |
Farm |
Other operators |
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January |
Inspections (total per gear) |
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at sea |
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ashore |
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infringements (totals per gear) |
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February |
Inspections (total per gear) |
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at sea |
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ashore |
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infringements (totals per gear) |
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March |
Inspections (total per gear) |
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at sea |
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ashore |
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infringements (totals per gear) |
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April |
Inspections (total per gear) |
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at sea |
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ashore |
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infringements (totals per gear) |
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May |
Inspections (total per gear) |
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at sea |
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ashore |
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infringements (totals per gear) |
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June |
Inspections (total per gear) |
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at sea |
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ashore |
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infringements (totals per gear) |
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July |
Inspections (total per gear) |
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at sea |
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ashore |
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infringements (totals per gear) |
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August |
Inspections (total per gear) |
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at sea |
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ashore |
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infringements (totals per gear) |
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September |
Inspections (total per gear) |
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at sea |
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ashore |
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infringements (totals per gear) |
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October |
Inspections (total per gear) |
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at sea |
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ashore |
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infringements (totals per gear) |
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November |
Inspections (total per gear) |
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at sea |
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ashore |
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infringements (totals per gear) |
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December |
Inspections (total per gear) |
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at sea |
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ashore |
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infringements (totals per gear) |
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OBSERVATIONS |
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Date |
Type of control |
Area |
Inspection report NR |
Flag |
ICCAT No (or CFR) |
Name |
Gear |
PNC and SV |
Description |
Action taken? Y/N |
Action description |
State of play |
Expected length of investigation |
Justification for no action |
Comments |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
(12) |
(13) |
(14) |
(15) |
(16) |
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No |
Field |
Description |
1 |
DATE |
Date inspection activity took place |
2 |
TYPE OF CONTROL |
S-sea P-port F-farm T-trap O-other |
3 |
AREA |
For ‘S’ indicate coordinates. For ‘P, F, T or O’ indicate area or port name |
4 |
INSPECTION REPORT No |
Number of ICCAT inspection report (or national) |
5 |
FLAG |
Flag of inspected vessel/operator |
6 |
ICCAT No (or CFR) |
ICCAT number or Union Fleet Register number of inspected vessel/operator |
7 |
NAME |
Name of the inspected vessel/operator |
8 |
GEAR |
Main gear used by vessel/operator at time of inspection |
9 |
PNC and SV |
Possible non-compliance (PNC) and serious violations(SV) indicate legal reference (EU legislation and/or ICCAT recommendation) |
10 |
DESCRIPTION |
Description of possible non-compliance and/or serious violation |
11 |
ACTION TAKEN? Y/N |
If YES complete fields 12-17, if NO, then proceed to number 16 |
12 |
ACTION DESCRIPTION |
(fine/penalty/seize/…) |
13 |
STATE OF PLAY |
Pending/closed/under investigation/etc. |
14 |
EXPECTED LENGTH OF INVESTIGATION |
Expected length of investigation and/or process |
15 |
JUSTIFICATION FOR NO ACTION |
Full justification in case no action was taken |
16 |
COMMENTS |
General comments |