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Council Regulation (EC) No 1984/2003

of 8 April 2003

introducing a system for the statistical monitoring of trade in [F1bluefin tunaF1] swordfish and bigeye tuna within the Community

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Parliament(2),

Whereas:

(1) Since 14 November 1997, and following the adoption of Council Decision 86/238/EEC(3), the Community has been a Contracting Party to the International Convention for the Conservation of Atlantic Tunas signed in Rio de Janeiro on 14 May 1966, as amended by the Protocol annexed to the Final Act of the Conference of Plenipotentiaries of the States Parties to the Convention signed at Paris on 10 July 1984 (hereinafter called the ‘ICCAT Convention’).

(2) The ICCAT Convention provides a framework for regional cooperation in the conservation and management of tuna stocks and tuna-like species in the Atlantic Ocean and adjacent seas through the establishment of an International Commission for the Conservation of Atlantic Tunas, hereinafter called the ‘ICCAT’, and the adoption by the latter of conservation measures which become binding on the contracting parties.

(3) As part of the measures to regulate stocks of bigeye tuna and swordfish, improve the quality and reliability of statistical data and control the spread of illegal fishing, the ICCAT has adopted recommendations on the introduction of statistical document programmes for bigeye tuna and Atlantic swordfish. Since these recommendations have become binding on the Community, they need to be put into effect.

(4) Council Decision 95/399/EC(4) approved the accession of the Community to the Agreement for the establishment of the Indian Ocean Tuna Commission. This Agreement constitutes a framework for strengthening international cooperation for the purpose of conserving and making rational use of Indian Ocean tuna and related species through the establishment of the Indian Ocean Tuna Commission, hereinafter called the ‘IOTC’ and the adoption by the latter of resolutions on conservation and management in the area of competence of the IOTC which become binding on the contracting parties.

(5) The IOTC has adopted a resolution establishing a statistical document programme for bigeye tuna. As this resolution has become binding on the Community, it needs to be put into effect.

(6) The recommendations and resolution on a statistical document programme for bluefin tuna adopted previously by the ICCAT have been incorporated in Community law by Council Regulation (EC) No 858/94 of 12 April 1994 introducing a system for the statistical monitoring of trade in bluefin tuna (Thunnus thynnus) within the Community(5). In order to ensure that the provisions on statistical documents are more easily readable and applied uniformly, Regulation (EC) No 858/94 should be repealed and all the relevant provisions brought together in this Regulation.

(7) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6),

HAS ADOPTED THIS REGULATION:

CHAPTER 1 GENERAL PROVISIONS

Article 1 Object

This Regulation lays down general rules and conditions for the application by the [F2United KingdomF2] of:

(a)

the statistical document programmes for [F1bluefin tuna ( Thunnus thynnus )F1] , swordfish (Xiphias gladius) and bigeye tuna (Thunnus obesus) adopted [F3under the International Convention for the Conservation of Atlantic TunasF3] ;

(b)

the statistical document programme for bigeye tuna (Thunnus obesus) adopted [F4under the Indian Ocean Tuna CommissionF4] .

[F5Article 2 Scope

1.This Regulation applies in relation to swordfish and bigeye tuna which is imported into the United Kingdom, transhipped at a United Kingdom port, or exported, or re-exported, from the United Kingdom.

2.This Regulation does not apply to—

(a) the import, transhipment, export or re-export of swordfish or bigeye tuna fish parts other than the meat and for these purposes “fish parts other than the meat” include heads, eyes, roes, guts and tails;

(b)bigeye tuna caught by purse seiners or by baitboats which is destined to be processed and canned at a cannery in the ICCAT Convention area or in the IOTC Area of Competence.

3.In this Article—

(a) purse seiner ” means a fishing boat that uses a purse seine and “ purse seine ” has the same meaning as in Article 6 of Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures;

(b) baitboat ” means a fishing boat using pole and line fishing with bait in the water to attract schools of tuna. F5]

[F6Article 3 Definitions

In this Regulation—

(a) bigeye tuna ” means fish of the species Thunnus obesus caught in the ICCAT Convention area or in the IOTC Area of Competence and falling within any of the commodity codes of the customs tariff of the United Kingdom as listed in Annex III;

(b) enactment ” has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 ;

(c) export ” means, in relation to swordfish or bigeye tuna caught by a UK fishing boat and—

(i)landed into the United Kingdom, the subsequent movement of that fish outside of the United Kingdom, or

(ii)not landed into the United Kingdom, the landing of the fish into, or the transhipment of the fish (which has not been landed) in, the territory of any other State;

(d) fishing boat ” has the same meaning as in section 52 of the Fisheries Act 2020 ;

(e) ICCAT’ means the International Commission for the Conservation of Atlantic Tunas;

(f) ICCAT authorised fishing boat ” means a fishing boat which is included on the ICCAT record of fishing vessels authorised to target ICCAT species in the ICCAT Convention area, as amended from time to time;

(g) ICCAT Convention area ” means the area covered by the International Convention for the Conservation of Atlantic Tunas;

(h) import ” means the movement of swordfish or bigeye tuna into the United Kingdom and includes such movement into the United Kingdom or into British fishery limits for transhipment purposes but the term does not include the landing of swordfish or bigeye tuna into the United Kingdom by a UK fishing boat;

(i) IOTC Area of Competence ” means the area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission;

(j) licensing authority ” means either the Marine Management Organisation, the Scottish Ministers, the Welsh Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland and where the term is used in respect of—

(i) a UK fishing boat it means the authority that granted the boat’s licence under section 15 of the Fisheries Act 2020 (the term ‘licensed’ is interpreted accordingly) which, for a UK fishing boat registered to a port—

(aa)in England, means the Marine Management Organisation;

(bb)in Scotland, means the Scottish Ministers;

(cc)in Wales, means the Welsh Ministers;

(dd)in Northern Ireland, means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, or

(ii)a particular area it means—

(aa)for England, the Marine Management Organisation;

(bb)for Scotland, the Scottish Ministers;

(cc)for Wales, the Welsh Ministers;

(dd)for Northern Ireland, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland,

and any reference to a licensing authority carrying out a particular function is to be interpreted as including any person or body to whom the licensing authority has delegated the function in question;

(k) re-export ” means any movement from the United Kingdom of swordfish or bigeye tuna which had been previously imported into the United Kingdom;

(l) re-export certificate ” means a document—

(i)in the case of swordfish, which is completed with all the information required under, and is in the form specified in, Annex X and otherwise conforms to the requirements of this Regulation;

(ii)in the case of bigeye tuna

(aa)caught in the ICCAT Convention area, which is completed with the information required under, and is in the form specified in, Annex XI and otherwise conforms to the requirements of this Regulation;

(bb)caught in the IOTC Area of Competence, which is completed with the information required under, and is in the form specified in, Annex XII and otherwise conforms to the requirements of this Regulation;

(m) statistical document ” means a document—

(i)in the case of swordfish, which is completed with all the information required under, and is in the form specified in, Annex V and otherwise conforms to the requirements of this Regulation;

(ii)in the case of bigeye tuna

(aa)caught in the ICCAT Convention area, which is completed with the information required under, and is in the form specified in, Annex VI and otherwise conforms to the requirements of this Regulation;

(bb)caught in the IOTC Area of Competence, which is completed with the information required under, and is in the form specified in, Annex VII and otherwise conforms to the requirements of this Regulation;

(n) swordfish ” means fish of the species Xiphias gladius caught in the ICCAT Convention area and falling within any of the commodity codes of the customs tariff of the United Kingdom as listed in Annex II;

(o) UK fishing boat ” has the same meaning as in section 52 of the Fisheries Act 2020 . F6]

CHAPTER 2 STATISTICAL MONITORING

Section 1 Requirements [F7in the United KingdomF7] in respect of imports

Article 4 Statistical document for importation

[F8 1.It is prohibited for a person to import swordfish or bigeye tuna unless—

(a)the fish is accompanied by—

(i)a statistical document which has been validated by—

(aa)the licensing authority of the UK fishing boat transhipping the fish in accordance with Article 7a, or

(bb)the competent authorities of the State that licensed the fishing boat landing or transhipping the fish or the exporting State in accordance with the requirements of paragraph 2, and

(ii)in the case of fish which has previously been imported into another State, a re-export certificate which has been validated by the competent authorities of the re-exporting State, and

(b)in the case of fish which was caught, not including by-catch, in the ICCAT Convention area by a fishing boat of 20 metres in length overall or greater, the fish was caught by an ICCAT authorised fishing boat.F8]

2.A statistical document[F9 mustF9] :

F10(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)be validated:

(i)

F11 where the fishing has been carried out by a vessel: by a civil servant duly approved by the flag State of the vessel which carries out the fishing or by any other person or institution duly approved by that State. In the case of the ... countries listed in Annex IVb, validation may be undertaken by an institution recognised for that purpose by that country;

(ii)

where the fishing has been carried out using a trap net: by a civil servant duly approved by the State in whose territorial waters the catch has been taken;

(iii)

in the case of swordfish, [F1bluefin tunaF1] and bigeye tuna caught by a vessel operating under a charter agreement: by a civil servant or any other person or institution duly approved by the exporting State;

(iv)

in the case of bigeye tuna caught by one of the vessels listed in Annexes VIIIa and VIIIb: by a Japanese or Taiwanese government official or by any other person duly approved for that purpose by the Governments of those countries [F12;F12]

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.The statistical document[F14 must be delivered to the licensing authority for the area into which the fish is being importedF14] .

F154.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.The importation of [F16swordfish or bigeye tuna isF16] prohibited where the cargo concerned is not accompanied by the statistical document for the relevant importation, validated and completed in accordance with [F17this RegulationF17] .

[F18 6.A person who contravenes the prohibition in paragraph 1 is guilty of an offence.

7.Where a fishing boat lands or tranships in contravention of the prohibition in paragraph 1, the master, the owner and the charterer (if any) are each guilty of an offence.F18]

Section 2 Requirements [F19in respect of exports from the United Kingdom F19]

[F20Article 5 Statistical document for exportation

1.It is prohibited for a person to export swordfish or bigeye tuna unless—

(a)in the case of a UK fishing boat landing a catch of swordfish or bigeye tuna directly into, or transhipping the catch in, the territory of another State outside the United Kingdom, the licensing authority for that UK fishing boat has validated a statistical document which accompanies the fish in accordance with the requirements of paragraph 4, or

(b)in the case of fish which was previously landed into the United Kingdom by a UK fishing boat, the licensing authority for the UK fishing boat which caught the fish or the licensing authority for the area from which the fish is being exported has validated a statistical document which accompanies the fish in accordance with the requirements of paragraph 4.

2.Where a UK fishing boat lands swordfish or bigeye tuna into, or tranships in, the territory of another State, the master of the boat must complete a statistical document for the fish and request its validation by the boat’s licensing authority.

3.Where a person exports swordfish or bigeye tuna from the United Kingdom, the person must complete a statistical document for the fish and request its validation by the licensing authority for the UK fishing boat that caught the fish or by the licensing authority for the area from which the fish is being exported.

4.Upon a request made under paragraph 2 or 3, the licensing authority must not validate the statistical document unless the authority is satisfied—

(a)in relation to fish caught, not including by-catch, by a UK fishing boat of 20 metres in length overall or greater, that the fish was caught by an ICCAT authorised fishing boat,

(b)that the information contained in the statistical document is complete and accurate, and

(c)that the catching and export of the fish was carried out in compliance with relevant requirements specified in any other enactment or specified in conditions attached to the fishing boat’s licence under paragraph 1 of Schedule 3 to the Fisheries Act 2020.

5.A person who contravenes the prohibition in paragraph 1 is guilty of an offence

6.Where a UK fishing boat lands or tranships in contravention of the prohibition in paragraph 1, the master, the owner and the charterer (if any) are each guilty of an offence.F20]

Section 3 Requirements [F21in respect of re-exports from the United KingdomF21]

[F22Article 6 Re-export certificates

1.It is prohibited for a person to re-export swordfish or bigeye tuna unless—

(a)the licensing authority for the area from which the fish is being re-exported has validated a re-export certificate which accompanies the fish in accordance with the requirements of paragraph 3, and

(b)the fish is also accompanied by a copy of the validated statistical document used for import of the fish under Article 4.

2.Where a person re-exports swordfish or bigeye tuna from the United Kingdom, the person must complete a re-export certificate for the fish and request its validation by the licensing authority for the area from which the fish is being re-exported.

3.Upon a request made under paragraph 2, the licensing authority must not validate the re-export certificate unless the authority is satisfied—

(a)that the fish being re-exported corresponds to the fish originally imported under the statistical document referred to in paragraph 1(b), and

(b)that the information contained in the re-export certificate is complete and accurate.

4.A person who contravenes the prohibition in paragraph 1 is guilty of an offence.F22]

Article 7 Repeated re-exports

1.F25All quantities of [F23swordfish or bigeye tunaF23] re-exported after having already been re-exported, [F24mustF24] be accompanied by a new re-export certificate, validated and completed in accordance with Article 6....

F26...

2.The new certificate referred to in paragraph 1 [F27mustF27] be accompanied by a certified copy of the preceding, duly validated, re-export certificates which accompanied the cargo.

[F28Section 4 Requirements F29... in respect of transhipped products in the ICCAT Convention area F28]

[F30Article 7a Transhipment by large pelagic longline boats

1. This Article applies in relation to transhipments in the ICCAT Convention area by pelagic longline boats which are 24 metres in length overall or greater (in this Article “large pelagic longline boats”).

2.Where a licensing authority is validating a statistical document for a large pelagic longline boat the authority must—

(a)ensure that transhipments are consistent with the reported catch amount by each boat, and

(b)confirm, through information obtained under the ICCAT regional observer programme, that the transhipment has been conducted in accordance with Articles 51 to 58 of Regulation 2017/2107.

3.For imports of bigeye tuna or swordfish caught and transhipped by large pelagic longline boats which are not UK fishing boats, in addition to the requirements of Article 4, the statistical document for the fish may only be accepted—

(a)if the fishing boat that caught the fish is an ICCAT authorised fishing boat which is authorised to tranship in the ICCAT Convention area, and

(b)where it is accompanied by the ICCAT transhipment declaration in accordance with Article 57 of Regulation 2017/2107.

4. In this Article “ Regulation 2017/2107 ” means Regulation (EU) 2017/2107 of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT). F30]

F31CHAPTER 3 TRANSMISSION OF DATA

Article 8 Information concerning validation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 9 Transmission of data

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 10 National report

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32CHAPTER 3A OFFENCES, PENALTIES AND ENFORCEMENT

Article 10A Penalties for offences

1.A person who commits an offence under Article 4(6) or (7), 5(5) or (6) or 6(4) of this Regulation is liable—

(a)on summary conviction in England and Wales, to a fine;

(b)on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;

(c)on conviction on indictment, to a fine.

2.The court by or before which a person is convicted of an offence under this Regulation may order the forfeiture of any fish in respect of which the offence was committed and any fishing gear used in committing the offence.

3.Where the court does not order the forfeiture of fish under paragraph 2, the court may instead impose a fine on the person not exceeding the value of the fish in respect of which the offence was committed. Any fine to which a person is liable under this paragraph is in addition to any other penalty (whether pecuniary or otherwise) to which the person is liable in respect of that offence under this Regulation or under any other enactment.

Article 10B Offences by bodies corporate etc

1.Where an offence under this Regulation is committed by a body corporate and it is proved that the offence—

(a)was committed with the consent or connivance of a person falling within paragraph 2, or

(b)is attributable to any neglect on the part of such a person,

that person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

2.The persons are—

(a)a director, manager, secretary or similar officer of the body corporate;

(b)any person purporting to act in such a capacity.

3.Where the affairs of a body corporate are managed by its members, paragraph 1 applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.

4.Where an offence under this Regulation has been committed by a Scottish partnership and it is proved that the offence—

(a)has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or

(b)is attributable to any neglect on the part of such a person,

that person (as well as the partnership) is guilty of an offence and liable to be proceeded against and punished accordingly.

Article 10C Enforcement

1.A British sea-fishery officer may seize any fish in respect of which an offence has been committed under this Regulation where the fish are on the fishing boat on which the offence has been or is being committed or are in the ownership or custody of, or under the control of, the owner, the master or the charterer (if any) of the fishing boat.

2.For the purpose of enforcing the provisions of this Regulation, section 8 of the Sea Fisheries Act 1968 (general powers of British sea-fishery officers) has effect as it has effect in relation to the provisions mentioned in subsection (1) of that section.

3.A marine enforcement officer has an enforcement function in relation to any offence or suspected offence by any person under this Regulation.

4. Section 238 of the Marine and Coastal Access Act 2009 (enforcement of the fisheries legislation) applies in relation to the enforcement function conferred by paragraph 3 as it applies in relation to the enforcement of “ the fisheries legislation ” (as defined in that section).

5.In this Article—

F33CHAPTER 4 FINAL PROVISIONS

Article 11 Amendment of Annexes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 12 Committee procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 13 Repeal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 14 Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34 ...

F1ANNEX I [F1PRODUCTS REFERRED TO IN ARTICLE 3(a)F1]

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX II [F35SWORDFISH

For the purposes of the definition of swordfish in Article 3, the commodity codes in the first column of the following table apply. The descriptions in the second column of the table are for information purposes only.

Commodity Code Description
0301 9985 70 Live swordfish (Xiphias gladius)
0302 4700 00 Fresh or chilled swordfish (Xiphias gladius), excluding fillets and other meat
0303 5700 00 Frozen swordfish (Xiphias gladius), excluding fillets and other meat
0304 4500 00 Fresh or chilled fillets of swordfish (Xiphias gladius)
0304 5400 00 Other swordfish (Xiphias gladius) meat, fresh or chilled
0304 8400 00 Frozen fillets of swordfish (Xiphias gladius)
0304 9100 00 Other swordfish (Xiphias gladius) meat, frozen
0305 2000 19 Swordfish (Xiphias gladius), other, salted or in brine
0305 2000 76 Swordfish (Xiphias gladius), other, smoked
0305 2000 77 Swordfish (Xiphias gladius), other, dried
0305 3990 50 Fillets of swordfish (Xiphias gladius), dried, salted or in brine, but not smoked
0305 4980 20 Smoked swordfish (Xiphias gladius), including fillets, other than edible fish offal
0305 5490 10 Dried swordfish (Xiphias gladius), other than edible fish offal, whether or not salted but not smoked
0305 6980 50 Salted swordfish (Xiphias gladius) but not dried or smoked and swordfish in brine, other than edible fish offal
1604 1991 30 Prepared or preserved swordfish (Xiphias gladius), fillets, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, frozen
1604 1997 20 Prepared or preserved swordfish (Xiphias gladius), other
1604 2090 60 Prepared or preserved swordfish (Xiphias gladius), otherF35]

ANNEX III [F36BIGEYE TUNA

For the purposes of the definition of bigeye tuna in Article 3, the commodity codes in the first column of the following table apply. The descriptions in the second column of the table are for information purposes only.

Commodity Code Description
0301 9985 75 Live bigeye tuna (Thunnus obesus)
0302 3410 00 Fresh or chilled bigeye tuna (Thunnus obesus), excluding fillets and other meat, for the industrial manufacture of prepared or preserved fish
0302 3490 00 Fresh or chilled bigeye tuna (Thunnus obesus), excluding fillets and other meat
0302 9100 50 Bigeye tuna (Thunnus obesus), other, fresh or chilled
0303 4410 00 Frozen bigeye tuna (Thunnus obesus), excluding fillets and other meat, for the industrial manufacture of prepared or preserved fish
0303 4490 00 Frozen bigeye tuna (Thunnus obesus), excluding fillets and other meat
0303 9190 10 Frozen bigeye tuna (Thunnus obesus), excluding fillets and other meat, other
0304 4990 40 Fresh or chilled fillets of bigeye tuna (Thunnus obesus)
0304 5990 20 Other bigeye tuna (Thunnus obesus) meat, fresh or chilled
0304 8700 20 Frozen fillets of bigeye tuna (Thunnus obesus)
0304 9999 50 Other bigeye tuna (Thunnus obesus) meat, frozen
0305 2000 21 Bigeye tuna (Thunnus obesus), other, salted or in brine
0305 2000 78 Bigeye tuna (Thunnus obesus), other, smoked
0305 2000 79 Bigeye tuna (Thunnus obesus), other, dried
0305 3990 40 Fillets of bigeye tuna (Thunnus obesus), dried, salted or in brine, but not smoked
0305 4980 60 Smoked bigeye tuna (Thunnus obesus), including fillets, other than edible fish offal
0305 5985 45 Dried bigeye tuna (Thunnus obesus), other than edible fish offal, whether or not salted but not smoked
0305 6980 40 Salted bigeye tuna (Thunnus obesus) but not dried or smoked and bigeye tuna in brine, other than edible fish offal
1604 1441 20 Bigeye tuna (Thunnus obesus) whole or in pieces but not minced, prepared or preserved in vegetable oil
1604 1446 21 Bigeye tuna (Thunnus obesus) for processing, whole or in pieces but not minced, prepared or preserved other than in vegetable oil and fillets knowns as loins
1604 1446 29 Bigeye tuna (Thunnus obesus) whole or in pieces but not minced, prepared or preserved other than in vegetable oil and fillets knowns as loins
1604 1448 20 Bigeye tuna (Thunnus obesus) whole or in pieces but not minced, prepared or preserved other than in vegetable oil and other than fillets knowns as loins
1604 2070 40 Bigeye tuna (Thunnus obesus) other than whole or in pieces but not minced, preserved
1604 2070 45 Bigeye tuna (Thunnus obesus) other than whole or in pieces but not minced, other than preservedF36]

F1ANNEX IVa

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX IVb

[F37 CountriesF37] recognised by ICCAT for which the statistical document can be validated by an institution authorised for this purpose, for example a chamber of commerce: Angola, Brazil, Canada, Cape Verde, China, Côte d'Ivoire, Croatia, Equatorial Guinea, Gabon, Ghana, Guinea-Bissau, Guinea-Conakry, Japan, Korea, Libya, Morocco, Russia, São Tomé and Príncipe, South Africa, Tunisia, Uruguay, USA, Venezuela.

ANNEX V

ANNEX VI

ANNEX VII

ANNEX VIIIa

List of vessels participating in the Japanese breaking-up programme

(At 1 November 2001)
No Year of breaking up Flag State Name of vessel Tonnage Year of construction Fishing area
1 2002 BOLIVIA YING CHIN HSIANG 66 379 1979 INDIAN OCEAN
2 2002 CAMBODIA HUA CHENG 707 606 1980 INDIAN OCEAN
3 2002 CAMBODIA HUA CHUNG 808 549 1980 INDIAN OCEAN
4 2002 PHILIPPINES CHEN FA 736 636 1979 ATLANTIC
5 2002 BOLIVIA ZHONG I 85 437 1976 PACIFIC
6 2002 BELIZE LIEN TAI 491 1979 ATLANTIC
7 2003 BELIZE JEFFREY 131 597 1980 PACIFIC
8 2003 EQUATORIAL GUINEA WIN FAR 236 672 1978 INDIAN OCEAN
9 2003 EQUATORIAL GUINEA WIN FAR 266 535 1979 INDIAN OCEAN
10 2003 BOLIVIA CHIN I MING 663 1979 ATLANTIC
11 2003 BOLIVIA CHIN CHANG MING 578 1980 ATLANTIC
12 2003 BOLIVIA

GOLDEN RICH

(previously: ZHONG XIN 26)

520 1974 ATLANTIC
13 2003 BOLIVIA CHI MAN 556 1982 INDIAN OCEAN
14 2003 BOLIVIA HUNG YU 112 690 1981 INDIAN OCEAN
15 2003 EQUATORIAL GUINEA CHEN CHIANG 1 578 1988 INDIAN OCEAN

ANNEX VIIIb

List of vessels flying the Taiwanese flag participating in the re-registration programme

No Flag State Name of vessel Tonnage Fishing area Year of construction
1 EQUATORIAL GUINEA YIH SHUEN NO 212 470 INDIAN OCEAN 1999
2 SEYCHELLES SEYGEM 573 PACIFIC 1997
3 SEYCHELLES SEYSTAR 573 PACIFIC 1998
4 VANUATU NINE LUCKY No 1 508 PACIFIC 1998
5 BELIZE WIN FAR No 868 498 PACIFIC 1999
6 EQUATORIAL GUINEA WEI CHING 498 ATLANTIC 1997
7 BELIZE JUI YING No 666 498 PACIFIC 1997
8 BELIZE CHEN FA No 1 550 INDIAN OCEAN 1997
9 SEYCHELLES SEYPERAL 680 PACIFIC 1998
10 BELIZE PING YUAN No 201 706 INDIAN OCEAN 1996
11 BELIZE LIAN HORNG No 777 499 PACIFIC 1998
12 BELIZE FONG KU No 36 521 PACIFIC 1997
13 BELIZE SHYE SIN No 1 598 O. INDIAN OCEAN 1997
14 BELIZE HUNG YU No 212 470 ATLANTIC 1997
15 BELIZE HWA CHIN No 202 470 ATLANTIC 1997
16 BELIZE SUNG HUI 573 ATLANTIC 1998
17 BELIZE HSIEN HUA 106 625 PACIFIC 2000
18 BELIZE HSIEN HUA 107 625 PACIFIC 2000
19 BELIZE FU YUAN No 66 683 PACIFIC 1998
20 BELIZE LONG CHANG No 3 589 ATLANTIC 1997

F1ANNEX IX

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX X

ANNEX XI

ANNEX XII

F38ANNEX XIII

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39ANNEX XIV

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1ANNEX XV

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40ANNEX XVI

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX XVII

F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX XVIII

F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40ANNEX XIX

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1)

OJ C 331 E, 31.12.2002, p. 128.

(2)

Opinion of 12 February 2003 (not yet published in the Official Journal).

(3)

OJ L 162, 18.6.1986, p. 33.

(4)

OJ L 236, 5.10.1995, p. 24.

(5)

OJ L 99, 19.4.1994, p. 1. Regulation as amended by Regulation (EC) No 1446/1999 (OJ L 167, 2.7.1999, p. 1).

(6)

OJ L 184, 17.7.1999, p. 23.

(1)

OJ C 331 E, 31.12.2002, p. 128.

(2)

Opinion of 12 February 2003 (not yet published in the Official Journal).

(3)

OJ L 162, 18.6.1986, p. 33.

(4)

OJ L 236, 5.10.1995, p. 24.

(5)

OJ L 99, 19.4.1994, p. 1. Regulation as amended by Regulation (EC) No 1446/1999 (OJ L 167, 2.7.1999, p. 1).

(6)

OJ L 184, 17.7.1999, p. 23.

Status: There are currently no known outstanding effects by UK legislation for Council Regulation (EC) No 1984/2003.
Council Regulation (EC) No 1984/2003 ()
Version from: 1 April 2024

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Deleted by Regulation (EU) No 640/2010 of the European Parliament and of the Council of 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/2003.
F1 Deleted by Regulation (EU) No 640/2010 of the European Parliament and of the Council of 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/2003.
F1 Deleted by Regulation (EU) No 640/2010 of the European Parliament and of the Council of 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/2003.
F2 Words in Art. 1 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 13(2); 2020 c. 1, Sch. 5 para. 1(1) substituted
F3 Words in Art. 1(a) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(2)(a) substituted
F4 Words in Art. 1(b) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(2)(b) substituted
F5 Art. 2 substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(3) substituted
F6 Art. 3 substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(4) substituted
F7 Words in Ch. 2 s. 1 heading substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 13(5); 2020 c. 1, Sch. 5 para. 1(1) substituted
F8 Art. 4(1) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(a) substituted
F9 Word in Art. 4(2) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(b)(i) substituted
F10 Art. 4(2)(a) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(b)(ii) omitted
F11 Word in Art. 4(2)(b)(i) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(b)(iii) omitted
F12 Substituted by Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007.
F13 Art. 4(2)(c) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(b)(iv) omitted
F14 Words in Art. 4(3) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(c) substituted
F15 Art. 4(4) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(d) omitted
F16 Words in Art. 4(5) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(e)(i) substituted
F17 Words in Art. 4(5) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(e)(ii) substituted
F18 Art. 4(6)(7) inserted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(f) inserted
F19 Words in Ch. 2 s. 2 heading substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 13(7); 2020 c. 1, Sch. 5 para. 1(1) substituted
F20 Art. 5 substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(6) substituted
F21 Words in Ch. 2 s. 3 heading substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 13(9); 2020 c. 1, Sch. 5 para. 1(1) substituted
F22 Art. 6 substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(7) substituted
F23 Words in Art. 7(1) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(8)(a)(i) substituted
F24 Word in Art. 7(1) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(8)(a)(ii) substituted
F25 Words in Art. 7(1) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(8)(a)(iii) omitted
F26 Words in Art. 7(1) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(8)(a)(iv) omitted
F27 Word in Art. 7(2) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(8)(b) substituted
F28 Inserted by Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007.
F29 Words in Ch. 2 s. 4 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 13(11); 2020 c. 1, Sch. 5 para. 1(1) omitted
F30 Art. 7a substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(9) substituted
F31 Ch. 3 omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 13(13); 2020 c. 1, Sch. 5 para. 1(1) omitted
F32 Ch. 3A inserted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(10) inserted
F33 Ch. 4 omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(11) omitted
F34 Words in Signature omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 13(14); 2020 c. 1, Sch. 5 para. 1(1) omitted
F35 Annex 2 substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(12) substituted
F36 Annex 3 substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(13) substituted
F37 Word in Annex 4b substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(14) substituted
F38 Annex 13 omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(15) omitted
F39 Annex 14 omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(15) omitted
F40 Annexes 16-19 omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(15) omitted
Defined Term Section/Article ID Scope of Application
baitboat art. Article 2 of CHAPTER 1 def_797b4924ae
bigeye tuna art. Article 3 of CHAPTER 1 def_496f1a34b2
British sea-fishery officer art. Article 10C of CHAPTER 3A def_2cbc8753d0
enactment art. Article 3 of CHAPTER 1 def_076743351d
export art. Article 3 of CHAPTER 1 def_329166cb4d
fish parts other than the meat art. Article 2 of CHAPTER 1 def_f8e169626f
fishing boat art. Article 3 of CHAPTER 1 def_4eacc36c7f
ICCAT art. Article 3 of CHAPTER 1 def_42f5503910
ICCAT authorised fishing boat art. Article 3 of CHAPTER 1 def_0860d31483
ICCAT Convention area art. Article 3 of CHAPTER 1 def_c5bae111f8
import art. Article 3 of CHAPTER 1 def_02bfdc44a5
IOTC Area of Competence art. Article 3 of CHAPTER 1 def_59addba978
large pelagic longline boats art. Article 7a of Section 4 of CHAPTER 2 def_973cf402d2
licensed art. Article 3 of CHAPTER 1 def_9cd993e438
licensing authority art. Article 3 of CHAPTER 1 def_1cb9148007
marine enforcement officer art. Article 10C of CHAPTER 3A def_b8480f3ebb
purse seine art. Article 2 of CHAPTER 1 def_6fcc9fdffb
purse seiner art. Article 2 of CHAPTER 1 def_408b65279b
re-export art. Article 3 of CHAPTER 1 def_c317fc31fa
re-export certificate art. Article 3 of CHAPTER 1 def_9d0c930bd9
Regulation 2017/2107 art. Article 7a of Section 4 of CHAPTER 2 def_1487eeea9f
statistical document art. Article 3 of CHAPTER 1 def_92b5e1d5cf
swordfish art. Article 3 of CHAPTER 1 def_27637945f4
the fisheries legislation art. Article 10C of CHAPTER 3A def_a4e9700347
UK fishing boat art. Article 3 of CHAPTER 1 def_b75b37534d

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