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 II OBJECTIVES, PRIORITIES, BENCHMARKS AND PROCEDURES

Article 4 Objectives

Control and inspection activities shall aim at ensuring compliance with the following provisions:

1.

annual fishing plans, as provided for by Article 4 of Regulation (EC) No 302/2009;

2.

the prohibition to use spotting aircrafts and helicopters, as provided for by Article 8 of Regulation (EC) No 302/2009;

3.

measures on fishing and farming capacities, as provided for by Articles 5 and 6 of Regulation (EC) No 302/2009;

4.

the implementation of any observer programme in the Union, including the Member States’ observer programme, and the ICCAT Regional Observer Programme, as provided for by points 90, 91, 92 and Annex 7 of ICCAT Recommendation 10-04;

5.

rules on recording of authorised catching vessels and other fishing vessels, as provided for by Articles 14 and 15 of Regulation (EC) No 302/2009;

6.

specific technical measures and conditions for fishing for bluefin tuna as provided in ICCAT Recommendation 10-04, in particular minimum size rules and associated conditions;

7.

quantitative restrictions on catches and any specific conditions associated therewith, including the monitoring of quota uptake, as provided for by ICCAT Recommendation 10-04;

8.

documentation rules applicable to bluefin tuna, as provided for by ICCAT Recommendation 10-04.

Article 5 Priorities

Different gear categories shall be subject to different levels of prioritisation, according to the annual fishing plan. For that reason, each Member State shall set specific priorities.

Article 6 Benchmarks

The inspection benchmarks are set out in Annex I.

Article 7 Procedures

Control and inspection activities shall be carried out in accordance with the following procedural provisions:

1.

the ICCAT Scheme of Joint International Inspection, as provided for by points 99, 100, 101 and Annex 8 of ICCAT Recommendation 10-04;

2.

the methodology of inspection as provided for by ICCAT Recommendation 10-04, and in particular its Annex 8;

3.

the procedures to be followed by officials as laid down the Annex II to this Decision;

4.

the procedures to be followed by Member States as laid down in Articles 8 to 13 of this Decision.

Article 8 Joint procedures

Member States referred to in Article 12 shall ensure that officials from other Member States concerned are invited to participate in joint inspection and surveillance activities and establish joint operational procedures applicable to their surveillance crafts.

Article 9 Notification of surveillance and inspection activities

1. A Member State intending to conduct surveillance and inspect fishing vessels in the waters under the jurisdiction of another Member State in the framework of a Joint Deployment Plan shall notify its intentions to the contact point of the coastal Member State concerned, as referred to in Article 3 of Commission Regulation (EC) No 1042/2006(1), and to the CFCA.

2. The notification referred to in paragraph 1 shall contain the following information:

(a) type, name and call sign of the inspection vessels and inspection aircraft on the basis of the list referred to in Article 6 of Regulation (EC) No 1042/2006;

(b) the areas where the surveillance and inspection operations shall be carried out;

(c) the duration of the surveillance and inspection activities.

Article 10 Information of infringements

In addition to Articles 82 and 83 of Regulation (EC) No 1224/2009, Member States whose officials detect any infringement while carrying out an inspection of the activities listed in Article 3 shall inform without delay the third country and the Commission of the date of inspection and the details of the infringement.

Article 11 Immediate enforcement measures in case of serious infringements

1. If a serious infringement is discovered onboard a Union fishing vessel, the flag Member State shall ensure that, following the inspection, the fishing vessel flying its flag ceases all fishing activities and shall inform the Commission in a timely manner.

2. If the Union fishing vessel is not called to port, the flag Member State shall provide due justification to the Commission within 72 hours.

(1)

OJ L 187, 8.7.2006, p. 14.