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8.5.2012 Official
Journal
of
the
European
Union L
121/25
COMMISSION IMPLEMENTING DECISION
of 2 May 2012
amending Decision 2011/207/EU 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(2012) 2800)
(2012/246/EU)
THE EUROPEAN COMMISSION,
Recommendation 10-04 establishing a multiannual
recovery plan for bluefin tuna in the eastern Atlantic
Having regard to the Treaty on the Functioning of the European
and Mediterranean.
Union,
(5) It
is
also
appropriate
to
update
and
correct
certain
Having regard to Council Regulation (EC) No 1224/2009 of
obsolete or erroneous references that existed in
20 November 2009 establishing a Community control system
Decision 2011/207/EU.
for ensuring compliance with the rules of the common fisheries
policy ( 1 ), and in particular Article 95 thereof,
(6) Decision
2011/207/EU
should
therefore
be
amended
accordingly.
Whereas:
(7) The
measures
provided
for
in
this
Decision
are
in
(1)
In 2006 the International Commission for the Conser
accordance with the opinion of the Committee for
vation of Atlantic Tunas (ICCAT) adopted a multiannual
Fisheries and Aquaculture,
recovery plan for bluefin tuna in the eastern Atlantic and
Mediterranean. ICCAT amended that multiannual
HAS ADOPTED THIS DECISION:
recovery plan during the 2008 Annual Meeting. The
amended plan was transposed into Union law by way
of Council Regulation (EC) No 302/2009 of 6 April
Article 1
2009 concerning a multiannual recovery plan for
Decision 2011/207/EU is amended as follows:
bluefin tuna in the eastern Atlantic and Mediterranean ( 2 ).
This plan was further amended and endorsed in the
1. the title is replaced by the following:
2010 ICCAT Annual Meeting by way of ICCAT Recom
mendation 10-04 ( 3 ).
‘Commission Implementing Decision of 29 March 2011
establishing a specific control and inspection
(2)
To ensure the successful implementation of the amended
programme related to the recovery of bluefin tuna in
multiannual recovery plan, Commission Decision
the eastern Atlantic and the Mediterranean’;
2009/296/EC ( 4 ) established a specific control and
inspection programme covering a period of two years,
2. in Article 3, point 2 is replaced by the following:
from 15 March 2009 to 15 March 2011.
‘2. all catches, landings, transfers, transhipments and caging
(3) The
specific
control
and
inspection
programme
related
to
operations, including sampling programmes and pilot
the recovery of bluefin tuna in the eastern Atlantic and
studies;’;
the Mediterranean, as established by Commission
Decision 2011/207/EU ( 5 ), was adopted with a view of
ensuring the continuity of the programme established by
3. in Article 4, the following points 9 and 10 are added:
Decision 2009/296/EC and immediately implementing
certain provisions of ICCAT Recommendation 10-04,
‘9. the implementation of pilot studies on how to better
in particular those on the early submission of required
estimate both the number and weight of bluefin tuna at
fishing and inspection plans. Decision 2011/207/EU
the point of capture;
covers the period from 15 March 2011 to 15 March
2014.
10. the implementation of sampling programmes and/or
alternative programmes at the time of caging in order
(4)
In light of the discussions in ICCAT at the 2011 Annual
to improve the counting and the weight estimations of
Meeting and with a view to fully implement the
the caged fish.’;
provisions required by ICCAT, it is appropriate to
implement the requirements concerning sampling and
4. in Article 9, paragraph 1 is replaced by the following:
pilot operations set out in paragraph 87 of ICCAT
‘1. Member
State
intending
to
conduct
surveillance
and
( 1 ) OJ L 343, 22.12.2009, p. 1.
inspect fishing vessels in the waters under the jurisdiction
( 2 ) OJ L 96, 15.4.2009, p. 1.
of another Member State in the framework of a Joint
( 3 ) Recommendation by ICCAT amending the Recommendation by
Deployment Plan shall notify its intentions to the contact
ICCAT to establish a multiannual recovery plan for bluefin tuna in
point of the coastal Member State concerned, as referred to
the eastern Atlantic and Mediterranean.
( 4 ) OJ L 80, 26.3.2009, p. 18.
in Article 80, point 5 of Regulation (EC) No 1224/2009,
( 5 ) OJ L 87, 2.4.2011, p. 9.
and to the European Fisheries Control Agency (EFCA).’;

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L 121/26
EN
Official Journal of the European Union
8.5.2012
5. Article 10 is replaced by the following:
(b) in paragraph 3, the introductory sentence is replaced by
the following:
‘Article 10
‘3. This report shall contain the following
information, in accordance with the table set out in
Information of infringements
Annex IV:’;
Member States whose officials detect any infringement while
8. Annexes I and II are replaced by the text in the Annex to
carrying out an inspection on the activities listed in Article 3
this Decision.
shall inform without delay the Commission of the date of
inspection and the details of the infringement.’;
Article 2
This Decision is addressed to the Member States.
6. in Article 14, the words ‘the Community Fisheries Control
Agency (CFCA)’ are replaced by the words ‘the EFCA’.
Done at Brussels, 2 May 2012.
7. Article 15 is amended as follows:
For the Commission
(a) in paragraph 1, the words ‘the CFCA’ are replaced by the
Maria DAMANAKI
words ‘the EFCA’;
Member of the Commission

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EN
8.5.2012 Official
Journal
of
the
European
Union L
121/27
ANNEX
‘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 Union 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 operations All
caging
operation
into
a
farm
must
have
been
authorised
by
the
flag Member State(s) of the catching vessel(s) and/or the trap where
appropriate within 48 hours following the submission of the
information required for the caging operation;
All caging of bluefin tuna shall be accompanied by accurate,
complete and validated documentation as required by ICCAT
(including as provided for by ICCAT Recommendation 10-04);
Each caging operation shall be inspected by the competent auth
orities of the farm Member State. The inspection should cover the
entire caging operation;
Sampling programmes on how to better estimate both the number
and weight of bluefin tuna shall be implemented at the point of
caging;
All caging operations shall be monitored by video camera in the
water (as provided for by paragraph 86 of ICCAT Recommendation
10-04);
Fish shall be caged before the 31 July unless the farm Member Sate
receiving the fish provides valid reasons including force majeure,
which shall accompany the caging report when submitted.
Harvest operations All
harvest
operations
shall
be
accompanied
by
accurate,
complete
and validated documentation (including as provided for in the
provisions of ICCAT Recommendation 10-04);
During each harvest operation from a cage, an ICCAT regional
observer shall be present.
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
and shall refer as well to the number of patrol days identifying the
fishing season and the type of fishing activity targeted.
Transfer operations Any
transfer
operations
must
have
been
authorised
previously
by
the
flag States on the basis of a prior transfer notification (as provided
for by ICCAT Recommendation 10-04);
An authorisation number shall be assigned to each transfer operation
(as provided for by paragraph 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
paragraph 76 of ICCAT Recommendation 10-04);

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L 121/28
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Official Journal of the European Union
8.5.2012
Place of inspection Benchmark
An ICCAT transfer declaration shall be sent to the flag State at the
end of the transfer operation (as provided for by paragraph 77 of
ICCAT Recommendation 10-04);
All transfer operations must be monitored by video camera in the
water (as provided for by paragraph 79 of ICCAT Recommendation
10-04);
Pilot studies on how to better estimate both the number and weight
of bluefin tuna shall be implemented at the point of capture
including through the use of stereoscopical systems.
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 paragraph 69 of ICCAT Recommendation 10-04).
Joint fishing operations
All joint fishing operations (JFO) must have been authorised by the
flag Member States and by the Commission who shall forward auth
orised JFOs to ICCAT. A list of the authorised JFO will be published
on the ICCAT website.
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 competent authority shall send a record of the landings to the
flag Member State authority of the fishing vessel within 48 hours
after the landing has ended (as provided for by paragraph 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
transfers
and
harvesting,
shall
be
inspected and be covered by national observers.

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EN
8.5.2012 Official
Journal
of
the
European
Union L
121/29
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 format set out in Part 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 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 10-04;
(4) detailed observation of the sizes of bluefin tuna caught, trapped, transferred, transhipped, landed, transported,
caged, farmed, processed or traded in the context of compliance with the provisions of the recovery plan. In
case of caging, this includes the cross check between the caging declaration, video records and the results of
sampling programmes and pilot studies;
(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 official 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 auth
orities, 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 the closure areas, fishing season periods and to the activities of fleets for
which derogations apply.
1.3. Inspection
tasks
at
sea
1.3.1. G e n e r a l i n s p e c t i o n t a s k s
Where dead fish are taken onboard the catching vessel or are present onboard a processing or a transport vessel,
officials shall always verify the quantities of fish retained on board and compare them with the quantities recorded
in the relevant documentation.
Where live fish are being transferred, officials shall seek to identify the means used by the parties involved to
estimate the quantities of live bluefin tuna transferred with regard to the results of pilot studies. Officials shall gain
access to, and verify the quantities transferred, as observed by the video footage.
A series of “spot check” inspections inside the towing cages will be undertaken by Member State diving inspectors
who will check that the number and estimated weight caught and transferred corresponds with that in the ICCAT
transfer declaration on board of the tug boats. Officials shall systematically verify:
(1) that the fishing vessels are authorised to operate (markings, identity, licence, fishing authorisation and ICCAT
lists);

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Official Journal of the European Union
8.5.2012
(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 closed areas and are respecting the closure of fishing seasons;
(5) compliance with the catch documentation requirements;
(6) respect of quotas and/or by-catch limitations;
(7) the size composition of catches on board for which minimum size is applied;
(8) the physical quantities of all species on board and their presentation;
(9) the fishing gear on board;
(10) 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. I n s p e c t i o n t a s k s a t t r a n s f e r o p e r a t i o n s
Officials shall systematically verify:
(1) compliance with the requirements regarding the prior transfer notification;
(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) that the transfer declaration has been signed by the ICCAT regional observer on board and transmitted to the
master of the tug vessel;
(5) Compliance with the video requirements;
(6) how the number and weight of bluefin tuna has been estimated at the time of capture through pilot studies
including through the use of stereoscopical cameras.
1.3.3. I n s p e c t i o n t a s k s a t j o i n t f i s h i n g o p e r a t i o n s
Officials shall systematically verify:
(1) compliance with the joint fishing operations’ requirements regarding the information to be reported in the
fishing logbook;
(2) that a joint fishing operation authorisation has been delivered to the fishing vessels by their flag Member State
authorities using the model set out in Annex V to Regulation (EC) No 302/2009;
(3) the presence of an observer during the joint fishing operation.
1.4. Inspection
tasks
at
landing
Officials shall systematically verify:
(1) that the 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 by the competent authorities;

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EN
8.5.2012 Official
Journal
of
the
European
Union L
121/31
(3) that the competent authority has sent a record of the landings to the flag State authority of the fishing vessel,
within 48 hours after the landing has ended;
(4) that the fishing vessels are equipped with an operational VMS and that requirements on VMS transmission are
respected;
(5) compliance with the vessel documentation requirements;
(6) the physical quantities of caught fish on board, and presentation;
(7) the total catches composition on board in order to verify by-catch rules;
(8) the size composition on board in order to verify the minimum size rules;
(9) the fishing gears on board;
(10) 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;
(11) that the bluefin tuna landed by the bait boats, longliners, handliners or trolling boats in the eastern Atlantic
and the Mediterranean is correctly tail-tagged.
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 flag 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 declaration, transhipment declaration);
(2) that the caging operation has been authorised by the catching vessel and/or trap and the farm Member State
authorities;
(3) that an ICCAT regional observer was present during all caging and harvesting of bluefin tuna, and has validated
the caging declarations;
(4) that all the transfer activities from cages to the farm have been monitored by video camera in the water;

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Official Journal of the European Union
8.5.2012
(5) that the farming Member State will not accept caging of bluefin tuna where the quantity by number and/or
weight is above that authorised to be caged by the flag Member State;
(6) That each caging operation has been sampled including when fish are transferred from a trap chamber to a
fattening cage.
A series of “spot check” inspections in the farm cages will be undertaken by Member State diving inspectors to
confirm the quantities of caged fish. This would be conducted by divers which in one Member State would also
use a stereoscopical camera.
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 in Appendix 1 to this Annex.
(2) For the other inspections, officials shall use their national reports template completed in accordance with
Article 100 and Annex XXVII to Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011
laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a
Community control system for ensuring compliance with the rules of the common fisheries policy ( 1 ).
( 1 ) OJ L 112, 30.4.2011, p. 1.

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EN
8.5.2012 Official
Journal
of
the
European
Union L
121/33
Appendix 1
ICCAT REPORT OF INSPECTION No …

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L 121/34
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Official Journal of the European Union
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EN
8.5.2012 Official
Journal
of
the
European
Union L
121/35
SERIOUS VIOLATIONS OBSERVED

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Document Outline

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