Regulation (EU) 2023/2833 of the European Parliament and of the Council of 13 December 2023 establishing a catch documentation programme for bluefin tuna (Thunnus thynnus) and repealing Regulation (EU) No 640/2010

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

Article 2

Definitions

For the purpose of this Regulation, the following definitions apply:

(1) ‘BCD’ means the bluefin tuna catch document, the format of which is provided for in Annex 2 to ICCAT Recommendation 18-13 and set out in Annex II to this Regulation;

(2) ‘bluefin tuna’ means fish of the species Thunnus thynnus falling within the relevant codes of the Combined Nomenclature of Annex I to Council Regulation (EEC) No 2658/87 (¹);

(3) ‘the Convention’ means the International Convention for the Conservation of Atlantic Tunas;

(4) ‘Convention area’ means the geographical area, as set out in Article I of the Convention, covered by the ICCAT measures;

(5) ‘domestic trade’ means: (a) trade, in one Member State or between two or more Member States, in bluefin tuna caught in the Convention area by a Union catching vessel or trap, and which is landed in the territory of the Union; and (b) trade, in one Member State or between two or more Member States, in farmed bluefin tuna caught in the Convention area by a Union catching vessel or trap, and which is caged in a farm established in the territory of the Union;

(6) ‘import’ means the introduction into the territory of the Union, including for caging, fattening, farming or transhipment purposes, of bluefin tuna caught in the Convention area by a third country catching vessel or trap;

(7) ‘export’ means any movement to a third country of bluefin tuna caught in the Convention area by a Union catching vessel or trap, including any movement from the territory of the Union, from third countries or from fishing grounds;

(8) ‘re-export’ means any movement from the territory of the Union of bluefin tuna which had been previously imported into the territory of the Union;

(9) ‘trap Member State’ means the Member State where the trap is established;

(10) ‘farm Member State’ means the Member State where the farm is established;

(11) ‘CPCs’ means Contracting Parties to the Convention and cooperating non-contracting parties, entities or fishing entities.

CHAPTER II

BLUEFIN TUNA CATCH DOCUMENT

Article 3

General provisions

At the time of caging and provided that all the fish are caged in the same farming cage and on the same day, relevant BCDs may be grouped as a ‘grouped BCD’ with a new BCD number in the following cases:

(a) multiple catches made by the same vessel;

(b) catches made by joint fishing operations.

Article 4

Validation

Member States shall validate the BCD for bluefin tuna products only where:

(a) all the information contained in the BCD has been verified as accurate;

(b) the accumulated amounts of catch are within their quotas or catch limits for the relevant management year, including, where appropriate, individual quotas allocated to catching vessels or traps; and

(c) the products comply with all other relevant provisions of the ICCAT conservation and management measures.

Article 5

Recording and validation of catch and subsequent trades in the eBCD system

The competent authority referred to in Article 4(2) shall validate domestic trade between the Member States of ‘gilled and gutted’ (GG), ‘dressed’ (DR) and ‘round’ (RD) product forms. However, by way of derogation from Article 4, validation shall not be required:

(a) where domestic trade of bluefin tuna is in ‘fillets’ (FL) or ‘other, specified’ (OT) product forms listed on the eBCD;

(b) where the FL or OT product referred to under point (a) is packaged for transport, in which case the associated eBCD number shall be written legibly and indelibly on the outside of any package containing any part of the tuna except for exempted products specified in Article 1(2).

For FL or OT products, subsequent domestic trade to another Member State shall only take place when the trade information from the previous Member State has been recorded in the eBCD system.

Article 6

Tagging

For the purposes of Article 4(4), the commercial tagging programs of the flag Member State for the vessel or trap that harvested the bluefin tuna under which the fish are tagged shall provide at least for the following:

(a) that all bluefin tuna in the eBCD concerned are individually tagged;

(b) the following information associated with the tag: (i) identification of the catching vessel or trap; (ii) date of capture or landing; (iii) the area of harvest of the fish in the shipment; (iv) the gear used to catch the fish; (v) the type of product and individual weight of the tagged bluefin tuna; (vi) where applicable, information on the exporter and importer; and (vii) where applicable, the point of export.

CHAPTER III

BLUEFIN TUNA RE-EXPORT CERTIFICATE

Article 7

General provisions

Article 8

Re-export validation

The competent authority shall validate the BFTRC for all bluefin tuna products, provided that:

(a) all the information contained in the BFTRC has been established to be accurate;

(b) the corresponding validated BCD(s) has been accepted for the importation of the products declared on the BFTRC;

(c) the products to be re-exported are wholly or partly the same product on the validated BCD(s); and

(d) a copy of the BCD(s) is attached to the BFTRC to be validated.

CHAPTER IV

VERIFICATION

Article 9

Verification

CHAPTER V

TRANSMISSION OF DATA

Article 10

Registration in the eBCD system, notification and verification of information

Where a Member State validates BCDs in respect of catching vessels flying its flag, its traps or farms, it shall notify the Commission, of the government validation authorities or other authorised individuals or institutions responsible for validating and verifying BCDs or BFTRCs every time there is a change in the following information:

(a) the name and full address of the validating organisation;

(b) the name and title of the validating officials who are individually empowered;

(c) a sample form of document;

(d) a sample impression of stamp or seal; and

(e) as appropriate, tag samples.

Article 11

Paper BCDs or printed eBCDs

Paper BCDs or printed eBCDs may be used in the following cases:

(a) landings of quantities of bluefin tuna less than one metric tonne or fewer than three fish. Such paper BCDs shall be converted to eBCDs within a period of seven working days of landing or prior to export, whichever is first;

(b) bluefin tuna caught prior to 1 January 2017;

(c) as a back-up in the limited event that technical difficulties with the system arise that preclude a Member State from using the eBCD system, following the procedures set out in Annex 3 to ICCAT Recommendation 22-16. Delays by Member States in taking necessary actions, such as providing the data necessary to ensure the registration of users in the eBCD system or other avoidable situations, shall not constitute an acceptable technical difficulty;

(d) trade in Pacific tuna;

(e) trade between the Union and non-CPCs where access to the eBCD system through the ICCAT Secretariat is not possible or is not timely enough to ensure the trade is not unduly delayed or disrupted.

Article 12

Communication and conservation of paper validated documents

Except in cases where Article 4(4) applies, Member States shall communicate a copy of all validated BCDs or BFTRCs to:

(a) the Commission;

(b) the competent authorities of the Member State or CPC where the bluefin tuna will be domestically traded, transferred into a cage or imported; and

(c) the ICCAT Secretariat.

Article 13

Annual report

CHAPTER VI

FINAL PROVISIONS

Article 14

Procedure for amendments

The Commission is empowered to adopt delegated acts, in accordance with Article 15, amending this Regulation to adapt it to measures adopted by ICCAT that bind the Union and its Member States concerning:

(a) the mandatory use of eBCDs and BCDs pursuant to Article 3(1) and (2);

(b) rules on grouped BCDs pursuant to Article 3(6);

(c) validation of the BCD and eBCD pursuant to Article 4;

(d) recording and validation of catch and subsequent trades in the eBCD system pursuant to Article 5;

(e) the derogation deadline referred to in Article 5(4) and Article 6(5);

(f) information concerning validation and points of contact pursuant to Article 10(2);

(g) use of paper BCDs or printed eBCDs pursuant to Article 11(1);

(h) reporting dates referred to in Article 5(4), Article 6(2) and Article 13(1) and (3);

(i) references to Annexes to ICCAT Recommendations as provided for in Article 2(1), Article 4(6), Article 8(3), Article 11(1), point (c) and Article 13(1) and (3) and to the corresponding Annexes to this Regulation;

(j) the Annexes to this Regulation.

Article 15

Exercise of the delegation

Article 16

Repeal

Regulation (EU) No 640/2010 is repealed.

Article 17

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

1.ICCAT bluefin tuna catch document number

2.Catch information

3.Trade information for live fish trade

4.Transfer information

5.Transhipment information

6.Farming information

7.Harvesting information

8.Trade information

ANNEX II

ANNEX III

1. GENERAL PRINCIPLES

(1)Language

An official ICCAT language (English, French and Spanish) shall be used in completing the BCD.

(2)Numbering

Member States shall develop unique numbering system for BCDs using their ICCAT country code or ISO code in combination with an 8-digit number, of which two digits shall indicate the year of catch.

Example: CA-09-123456 (CA stands for Canada).

In the case of split shipments or processed products, copies of the original BCD shall be numbered by supplementing the number of the original BCD with a 2-digit number.

Example: CA-09-123456-01, CA-09-123456-02, CA-09-123456-03.

The numbering shall be sequential and preferably printed. The serial numbers of blank BCDs issued shall be recorded by the name of the recipient.

In the case of producing a grouped BCD, the farm operator or his authorised representative shall request a new BCD number from the farm Member State. The number for grouped BCDs shall contain ‘G’ as in ‘CA-09-123456-G’.

2. CATCH INFORMATION

(1)Completion

(a) General principles: This section is applicable to all catches of bluefin tuna. The master of the catching vessel or the trap operator or their authorised representative or the authorised representative of the flag or trap Member State shall be responsible for the completion and the request for validation of the CATCH INFORMATION section. The CATCH INFORMATION section shall be completed no later than the end of transfer, transhipment or landing operation. Remark: in the case of a JFO between different flags, one BCD for each flag shall be produced. In this case, each BCD shall indicate the same information in VESSEL/TRAP INFORMATION concerning the vessel which actually made the catch and all the other fishing vessels involved in that JFO, whereas CATCH DESCRIPTION shall indicate the catch information attributed to each flag based on the allocation key of the JFO. In the case of catches originating from one JFO comprising vessels of the same flag, the master of the catching vessel which actually made such catches, or its authorised representative or the authorised representative of the flag Member State, shall complete the BCD form on behalf of all the vessels participating in such JFO.

(b) Specific instructions: ‘NAME OF THE CATCHING VESSEL/TRAP’: list the name of the catching vessel which actually made the catches. ‘NAME OF THE OTHER FISHING VESSELS’: only applicable to JFOs and list the other participating fishing vessels. ‘FLAG’: indicate the flag or trap Member State. ‘ICCAT RECORD No’: indicate the ICCAT number of the catching vessel or trap authorised to fish bluefin tuna in the Convention area. That information is not applicable to catching vessels which fish bluefin tuna as by-catch. In the case of a JFO, list the ICCAT Record Numbers of the vessel which actually made the catch as well as other vessels participating in that JFO. ‘INDIVIDUAL QUOTA’: indicate the amount of individual quota given to each vessel. ‘QUOTA USED FOR THIS BCD’: indicate the amount of catch attributed to this BCD. ‘GEAR’: indicate the fishing gear using the following codes: BB Baitboat GILL Gillnet HAND Handline HARP Harpoon LL Longline MWT Mid-water trawl PS Purse seine RR Rod and reel SPHL Sport handline SPOR Sport fisheries unclassified SURF Surface fisheries unclassified TL Tended line TRAP Trap TROL Troll UNCL Unspecified methods OT Other type ‘No. of FISH’: in the case of a JFO comprising vessels of the same flag, indicate the total number of fish caught in such operation. In the case of a JFO between different flags, indicate the number of fish attributed to each flag in accordance with the allocation key. ‘TOTAL WEIGHT’: indicate the total round weight in kilograms. If round weight is not used at the time of catch, indicate the type of product (e.g. GG). In the case of a JFO between different flags, indicate the round weight attributed to that flag in accordance with the allocation key. ‘AREA’: indicate Mediterranean, western Atlantic, eastern Atlantic or Pacific. ‘TAG number (if applicable)’: additional lines may be added to allow the listing of each tag number by individual fish.

(2)Validation

The flag or trap Member State shall be responsible for the validation of the CATCH INFORMATION section unless bluefin tuna are tagged in accordance with Article 6 of this Regulation.

3. TRADE INFORMATION FOR LIVE FISH TRADE

(1)Completion

(a) General principles: This section is only applicable to export of live bluefin tuna. The master of the catching vessel or his authorised representative or the authorised representative of the flag Member State shall be responsible for the completion and the request for validation of the TRADE INFORMATION FOR LIVE FISH TRADE section. The TRADE INFORMATION FOR LIVE FISH TRADE section shall be completed before the first transfer operation, i.e. the transfer of fish from the catching vessel net to the transport cage. Remark: in the case that a quantity of fish dies during the transfer operation and is domestically traded or exported, the original BCD (CATCH INFORMATION section completed) shall be copied for the fish, and the TRADE INFORMATION section of the copied BCD shall be completed by the master of the catching vessel or his authorised representative or the authorised representative of the flag Member State and transmitted to the domestic buyer/importer. Government validation of that copy shall guarantee that it is a valid copy and has been recorded by authorities of the Member State. Without the government validation, any BCD copy is null and void. In the case of a JFO comprising vessels of the same Member State, the master of the catching vessel which actually made the catches, or its authorised representative or the authorised representative of the flag Member State, shall be responsible for the completion.

(b) Specific instructions: ‘ZONE’: indicate the area of transfer – Mediterranean, western Atlantic, eastern Atlantic or Pacific. ‘POINT OF EXPORT/DEPARTURE’: indicate the Member State or CPC name of the fishery zone where the bluefin tuna were transferred or indicate ‘high seas’ otherwise. ‘TRANSPORTATION DESCRIPTION’: attach any relevant document certifying the trade.

(2)Validation

The flag Member State shall not validate documents where the CATCH INFORMATION section is not completed.

4. TRANSFER INFORMATION

(1)Completion

(a) General principles: This section is only applicable to live bluefin tuna. The master of the catching vessel or his authorised representative or the authorised representative of the flag Member State shall be responsible for the completion of the TRANSFER INFORMATION section. In the case of a JFO comprising vessels of the same Member State, the master of the catching vessel which actually made the catches, or its authorised representative or the authorised representative of the flag Member State, shall be responsible for the completion. The TRANSFER INFORMATION section shall be completed no later than the end of the first transfer operation, i.e. the transfer of fish from the catching vessel net to the transport cage. At the end of the transfer operation, the master of the catching vessel (or the master of the catching vessel which actually made the catches in the case of a JFO comprising vessels of the same Member State) shall provide the BCD (CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE and TRANSFER INFORMATION sections completed and, where applicable, validated) to the master of the tug vessel. The completed BCD shall accompany the transfer of fish during transport to farm, including transfer of live bluefin tuna from the transport cage to another transport cage or transfer of dead bluefin tuna from the transport cage to an auxiliary vessel. Remark: in the case that some fish die during the transfer operation, the original BCD (CATCH INFORMATION, TRADE INFORMATION FOR LIVE FISH TRADE and TRANSFER INFORMATION sections completed and, where applicable, validated) shall be copied, and the TRADE INFORMATION section of the copied BCD shall be completed by the domestic seller/exporter or his authorised representative or the authorised representative of the flag Member State and transmitted to the domestic buyer/importer. Government validation of this copy shall guarantee that it is a valid copy and has been recorded by authorities of the Member State. Without the authorised government validation, any BCD copy is null and void.

(b) Specific instructions: ‘No. OF FISH DEAD DURING TRANSFER’ and ‘TOTAL WEIGHT OF DEAD FISH’: information completed (if applicable) by the master of the tug vessel. ‘CAGE No.’: indicate each number of cages in the case of a tug vessel having more than one cage.

(2)Validation

Validation of this section is not required.

5. TRANSSHIPMENT INFORMATION

(1)Completion

(a) General principles: This section is only applicable to dead bluefin tuna. The master of the transhipping fishing vessel or his authorised representative or the authorised representative of the flag Member State shall be responsible for the completion and the request for validation of the TRANSHIPMENT INFORMATION section. The TRANSHIPMENT INFORMATION section shall be completed at the end of the transhipment operation.