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29.6.2013 Official
Journal
of
the
European
Union L
181/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 605/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 12 June 2013
amending Council Regulation (EC) No 1185/2003 on the removal of fins of sharks on board vessels
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
is not the same for all species. Generally, in recent years,
EUROPEAN UNION,
some shark populations have been severely targeted,
including by vessels flying the flag of a Member State
that are operating in Union and non-Union waters, and
put under serious threat as a result of a dramatic increase
Having regard to the Treaty on the Functioning of the European
in demand for shark products, and for shark fins in
Union, and in particular Article 43(2) thereof,
particular.
Having regard to the proposal from the European Commission,
(3) Shark
fins
do
not
constitute
a
traditional
ingredient
of
the European diet, but sharks do constitute a necessary
element of the Union’s marine ecosystem. The
After transmission of the draft legislative act to the national
management and conservation of shark stocks, as well
parliaments,
as, more generally, the promotion of a fishing sector that
is sustainably managed for the benefit of the
environment and of the people working in the sector,
should therefore be a priority.
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(4)
Current scientific knowledge, based on the examination
Acting in accordance with the ordinary legislative procedure (
of shark catch rates, generally indicates that many shark

2 ),
stocks are under serious threat, although the situation is
not the same for all species or even for the same species
in different maritime zones. According to the Inter
Whereas:
national Union for Conservation of Nature (IUCN),
more than 25 % of all pelagic shark species, of which
over 50
% are large oceanic-pelagic sharks, are
threatened. In recent years, the capture, retention on
(1) Council
Regulation
(EC)
No
1185/2003
( 3 ) establishes a
board, transhipment, or landing of a growing number
general prohibition of the practice of ‘shark finning’,
of shark species, including that of sharks whose fins
whereby a shark’s fins are removed and the remainder
are highly valuable in trade, has been prohibited under
of the shark is discarded at sea.
Union law or within the framework of regional fisheries
management organisations.
(2) Fish
belonging
to
the
taxon Elasmobranchii, including
sharks, skates and rays, are generally very vulnerable to
overexploitation due to the characteristics of their life
(5) Blue
shark
(Priconace glauca) and shortfin mako (Isurus
cycle, which include slow growth, late maturity and a
oxyrinchus), classified by the IUCN as ‘near-threatened’
small number of young, although biological productivity
and ‘vulnerable’ respectively, are currently the
predominant species of shark captured by the Union
fleet, with blue shark accounting for approximately
( 1 ) OJ C 181, 21.6.2012, p. 195.
70 % of total reported shark landings. Other species,
( 2 ) Position of the European Parliament of 22 November 2012 (not yet
however, including hammerhead and silky sharks, are
published in the Official Journal) and decision of the Council of
6 June 2013.
also subject to capture in Union and non-Union waters
( 3 ) OJ L 167, 4.7.2003, p. 1.
and contribute to the economic viability of fisheries.

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L 181/2
EN
Official Journal of the European Union
29.6.2013
(6) Regulation
(EC)
No
1185/2003
currently
allows
Member (10) In
2010 and
2011, as
part
of
the
required
impact
States to issue special fishing permits allowing sharks to
assessment exercise, the Commission held a public
be processed on board by removing their fins from their
consultation in order to gather information on the
bodies. In order to ensure that there is a correlation
most appropriate manner in which to amend Regulation
between the weight of a shark’s fins and its body, a
(EC) No 1185/2003. The Commission concluded in its
‘fin-to-carcass’ ratio has been established. There are
impact assessment that, in order to achieve the basic
serious control and enforcement difficulties with the
objective of conserving shark stocks, that Regulation
use of the ‘fin-to-carcass’ ratio. The use of such a ratio
should provide that all sharks be landed with their fins
is insufficient to eliminate the practice of high-grading
naturally attached to their bodies.
and, due to differences in fin-cutting techniques and the
variability of the fin size and weight of different shark
species, its use could lead to finning going undetected.
Following processing operations, fins and bodies can be
(11) Regulation
(EC) No 1185/2003 should therefore be
landed in different ports. In these circumstances, the
amended accordingly,
collection of data, inter alia, on species identification
and populations structure, underpinning scientific
advice for the establishment of fisheries conservation
and management measures, is hampered.
HAVE ADOPTED THIS REGULATION:
(7)
In light of the International Action Plan for the Conser
Article 1
vation and Management of Sharks adopted in 1999 by
the Food and Agriculture Organisation of the United
Regulation (EC) No 1185/2003 is hereby amended as follows:
Nations (FAO), the Union should adopt all measures
necessary for the conservation of sharks and to
minimise waste and discards from shark catches. In its
conclusions of 23 April 2009, the Council endorsed the
(1) in Article 2, point 3 is deleted;
Union’s overall approach and specific objectives, as set
out in the related Commission Communication on a
European Community Action Plan for the Conservation
and Management of Sharks of 5 February 2009. The
Council also encouraged the Commission to pay
(2) in Article 3, the following paragraph is inserted:
particular attention to the issue of the removal of
shark fins and to present, as soon as possible, a
proposal for the amendment of Regulation (EC) No
1185/2003, in particular with reference to the dero
‘1a. Without
prejudice
to
paragraph
1,
in
order
to
gations and the associated conditions laid down therein.
facilitate on-board storage, shark fins may be partially
sliced through and folded against the carcass, but shall
not be removed from the carcass before landing.’;
(8) The
Scientific,
Technical,
and
Economic
Committee
for
Fisheries (STECF) acknowledges the problem of shark
finning, calls for its eradication, without derogations,
(3) Articles 4 and 5 are deleted;
and advises that all elasmobranch species should be
landed with their fins/wings naturally attached to their
bodies.
(4) Article 6 is replaced by the following:
(9) Regional fisheries management organisations are
increasingly addressing the issue of shark finning. In
‘Article 6
addition, their scientific bodies are showing a preference
Reports
for sharks to be landed with their fins naturally attached
to their bodies and are noting that this is the best way to
1. Where vessels flying the flag of a Member State catch,
prevent finning and to facilitate the collection of data
retain on-board, tranship or land sharks, the flag Member
needed for stock assessments. The annual resolutions
State, in accordance with Council Regulation (EC) No
on sustainable fisheries issued by the United Nations
1224/2009 of 20 November 2009 establishing a
General Assembly since 2007, the 2008 IUCN Global
Community control system for ensuring compliance with
Policy against shark finning and the 2010 Meeting of
the rules of the common fisheries policy
(*) and
the Fish Stocks Agreement Review Conference have all
Commission Implementing Regulation (EU) No 404/2011
called on nations to take measures requiring that all
of 8 April 2011 laying down detailed rules for the imple
sharks are landed with their fins naturally attached to
mentation of Council Regulation (EC) No 1224/2009 (**),
their bodies.
shall send to the Commission, annually, by 1 May, a

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EN
29.6.2013 Official
Journal
of
the
European
Union L
181/3
comprehensive report on its implementation of this Regu
2. After the submission by Member States of their
lation during the previous year. The report shall describe the
second annual report in accordance with paragraph 1, the
monitoring by the flag Member State of compliance with
Commission shall, by 1 January 2016, report to the
this Regulation by its vessels in Union and non-Union
European Parliament and to the Council on the operation
waters, and the enforcement measures it has taken in
of this Regulation and the international developments in
cases of non-compliance. In particular, the flag Member
this field.
State shall provide all of the following information:
— the number of landings of sharks,
___________
— the number, date and place of the inspections that have
(*) OJ L 343, 22.12.2009, p. 1.
been carried out,
(**) OJ L 112, 30.4.2011, p. 1.’.
— the number and nature of cases of non-compliance
detected, including a full identification of the vessel(s)
involved and the penalty applied for each case of non-
Article 2
compliance, and
This Regulation shall enter into force on the seventh day
— the total landings by species (weight/number) and by
following that of its publication in the Official Journal of the
port.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 12 June 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON

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