Commission Implementing 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)

[F1 ANNEX II U.K. PROCEDURES TO BE FOLLOWED BY OFFICIALS

Textual Amendments

F1 Substituted by Commission Implementing Decision of 13 August 2013 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(2013) 5224) (2013/432/EU).

1. Inspection tasks U.K.

1.1. General inspection tasks U.K.

An inspection report shall be drawn up for each control and inspection, in the appropriate format as established in point 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, trap, 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 12-03;

(4)

detailed observation of the sizes of bluefin tuna caught, trapped, transferred, transhipped, landed, transported, farmed, processed or traded in the context of compliance with the provisions of the recovery plan;

(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 inspection party 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 authorities, 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 U.K.

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 closure areas, fishing season’s periods as defined in point 21 to 26 of ICCAT Recommendation 12-03, and to the activities of fleets for which derogations apply.

1.3. Inspection tasks at sea U.K.

1.3.1. General inspection tasks U.K.

Where dead fish are onboard a catching vessel or present onboard any other vessel, officials shall always verify if the fish is legally retained on board. Officials shall verify the quantities of all fish species retained on board in order to ensure compliance with ICCAT by-catch and minimum size rules.

Where live fish are being transferred, officials shall seek to identify the means used by the parties involved to estimate the quantities, expressed in numbers (1) of live bluefin tuna transferred. Where video footage is available, officials shall gain access to, verify the quantities transferred as observed by the video footage and verify that the video footage respects the minimum standards for video recording procedures as defined in Annex 9 to ICCAT Recommendation 12-03.

Officials shall systematically verify during all inspections:

(1)

that the fishing vessels are authorised to operate (markings, identity, licence, fishing authorisation and ICCAT lists);

(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 close areas and are respecting the closure of fishing seasons;

(5)

respect of quotas and by-catch limitations;

(6)

the size composition of catches on board;

(7)

the physical quantities of catches on board, and their presentation;

(8)

the fishing gear on board;

(9)

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. Inspection tasks at transfer operations U.K.

Officials shall systematically verify:

(1)

compliance with the requirements regarding the prior transfer notification (where possible);

(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)

if the transfer declaration has been signed by the ICCAT regional observer on board and transmitted to the master of the towing vessel;

(5)

Compliance with the video recording requirements as defined in Annex 9 to ICCAT Recommendation 12-03.

1.3.3. Inspection tasks at joint fishing operations U.K.

Officials shall systematically verify:

(1)

compliance with the joint fishing operations’ requirements regarding the information to be reported in the fishing logbook including allocation key;

(2)

that a joint fishing operation authorisation has been delivered to the fishing vessels by their flag States authorities using the model set out in Annex V to Regulation (EC) No 302/2009;

(3)

the presence of an ICCAT regional observer during the joint fishing operation.

1.4. Inspection tasks at landing U.K.

Officials shall systematically verify for those landings inspected in accordance with the provisions laid down in Recommendation 12-03:

(1)

that 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 in due time by the competent authorities;

(3)

that a record of the landing is sent to the flag State authority of the fishing vessel, within 48 hours after the landing has ended;

(4)

that an accurate landing declaration is sent by the master of the catching vessel within 48 hours after the landing has ended to his/her flag state authorities and port state authorities where applicable;

(5)

that the fishing vessels are equipped with an operational VMS and that requirements on VMS transmission are respected;

(6)

compliance with the vessel documentation requirements;

(7)

the physical quantities of bluefin tuna on board, and presentation;

(8)

the total catch composition on board in order to verify the respect of by-catch rules and, in the case of longliners, the implementation of relevant management measures;

(9)

the size composition of catches of bluefin tuna on board in order to verify the minimum size rules);

(10)

the fishing gears on board;

(11)

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;

(12)

that the bluefin tuna offered for retail sale to the final consumer, from fishing vessels and/or traps in the eastern Atlantic and the Mediterranean, is correctly marked or labelled;

(13)

that the bluefin tuna landed by the bait boats, long liners, hand liners or trolling boats in the eastern Atlantic and the Mediterranean is correctly tail tagged where applicable.

1.5. Inspection tasks during transhipment U.K.

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 Port State 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 U.K.

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 and caging declarations, transhipment declaration);

(2)

that the caging operation has been previously authorised by the catching vessel flag State authorities;

(3)

that an ICCAT regional observer was present during all transfer, caging and harvesting of bluefin tuna, and has validated the caging declarations;

(4)

that all the transfer and caging activities in the farm have been monitored by video camera in the water, and that the video record is made available for the inspectors and complies with the video recording requirements as defined in Annex 9 to ICCAT Recommendation 12-03.

(5)

that all caging activities have been subject to a programme using stereoscopical cameras or techniques that provide the equivalent precision in order to refine the number and weight of fish being caged;

(6)

that the farming State will not accept caging of bluefin tuna where the quantity by number and/or weight above that authorised to be caged by the flag State.

1.7. Inspection tasks concerning transports and marketing U.K.

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 U.K.

(1) For the inspections undertaken in the framework of the ICCAT Scheme of Joint International Inspection, officials shall use the template of the Appendix to this Annex. U.K.

(2) For the other inspections, officials shall use the inspection reports as per Article 76 of Regulation (EC) No 1224/2009. Inspection reports shall include the relevant information contained in the appropriate inspection module established in Annex XXVII as required in Article 115 of Commission Implementing Regulation (EU) No 404/2011 (2) .] U.K.

(1)

[F1 Modification requested by Spain.]

(2)

[F1 OJ L 112, 30.4.2011, p. 1 .]

Textual Amendments

F1 Substituted by Commission Implementing Decision of 13 August 2013 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(2013) 5224) (2013/432/EU).