2008/323/EC: Commission Decision of 1 April 2008 establishing a specific control and inspection programme related to the recovery of bluefin tuna in the Eastern Atlantic and the Mediterranean (notified under document number C(2008) 1202)

This Decision establishes a specific control and inspection programme in order to ensure the harmonised implementation of the multi-annual recovery plan set up by Regulation (EC) No 1559/2007 for bluefin tuna in the Eastern Atlantic and the Mediterranean.

1 The specific control and inspection programme shall cover: (a) all fishing activities by vessels and traps catching bluefin tuna in the Eastern Atlantic and the Mediterranean; (b) all landings, transfers and transhipments of bluefin tuna caught in the Eastern Atlantic and the Mediterranean; (c) all related activities of farms and enterprises engaged in caging or processing of bluefin tuna and/or in trade of bluefin tuna products, including importation, exportation and re-exportation, transport and storage; (d) the implementation of the annual fishing plans referred to in Article 4 of Regulation (EC) No 1559/2007; (e) the prohibition to use spotting aircrafts and helicopters established in Article 6 of Regulation (EC) No 1559/2007; (f) the sport and recreational fisheries as referred to in Articles 10 and 11 of Regulation (EC) No 1559/2007; (g) the implementation of the ICCAT Scheme of Joint International Inspection as referred to in Article 24 of Regulation (EC) No 1559/2007.

2 The specific control and inspection programme shall apply from 1 April to 31 December 2008.

1 France, Portugal, Spain, Italy, Malta, Cyprus, Greece shall establish national control programmes, in accordance with the common rules set out in Annex I, as regards the activities listed in Article 2.

2 The Member States referred to in paragraph 1 shall submit to the Commission by 1 April 2008 their national control programme and the annual implementation schedule.

3 National control programmes shall contain all the data listed in Annex II. The annual implementation schedules shall include details as regards the human and material resources allocated and the zones where those resources are to be deployed.

All Member States shall cooperate with the Member States referred to in Article 3(1) for the implementation of the specific control and inspection programme.

1 Inspections may be carried out by Commission inspectors without the assistance of inspectors of the Member States concerned, in accordance with Article 27 of Council Regulation (EC) No 2371/2002.

2 The competent authority of the Member State concerned shall provide the Commission inspectors with the assistance necessary to conduct the inspections provided for in paragraph 1.

3 The Commission inspectors shall verify their findings with the inspectors of the Member State concerned. To that end, they shall meet after each of their inspection visits with officials of the competent authority of the Member State concerned in order to brief them as to their findings.

1 The Member States referred to in Article 3(1) shall undertake joint inspection and surveillance activities.

2 For that purpose, the Member States concerned shall: (a) ensure that inspectors from other Member States concerned are invited to participate in joint inspection and surveillance activities; (b) establish joint operational procedures applicable to their surveillance crafts.

3 Commission inspectors may participate in joint inspection and surveillance activities.

1 Member States whose inspectors discover any infringement while carrying out an inspection of the activities listed in Article 2, shall inform the following States of the date of inspection and the details of the infringement: (a) the relevant flag Member State and/or ICCAT Contracting Party and, where appropriate; (b) the Member State where the farming installation or the enterprise engaged in the processing and/or trade of bluefin tuna products are established.

2 Where the Member State whose inspectors discovered the infringement does not take further action, the Member States informed under paragraph 1 shall take prompt action as appropriate to receive and consider the evidence of the infringement. They shall conduct any further investigation as necessary for the follow-up of the infringement.

3 Member States shall cooperate to ensure that, if prosecution of an infringement is transferred to the Member State of registration in accordance with Article 31(4) of Regulation (EEC) No 2847/93, the security and continuity of any evidence of the infringement cited by its inspectors is guaranteed in each case.

1 The Member States referred to in Article 3(1) shall communicate to the Commission by the end of every month the following information concerning that month: (a) the inspection and control activities carried out; (b) all infringements, including for each infringement the identification of: (i) the fishing vessel (name, flag and external identification code), the trap, the farm or the enterprise engaged in the processing and/or trade of bluefin tuna products concerned; (ii) the date, time and location of the inspection; and (iii) the nature of the infringement; (c) the current state of play concerning the follow-up of infringements detected; (d) any relevant coordination and cooperation actions between Member States.

2 An infringement shall continue to be listed on each subsequent report until the action is concluded under the laws of the Member State concerned. Each subsequent report shall: (a) indicate the current status of the case (e.g. case pending, under appeal, still under investigation); and (b) describe in specific terms any penalties imposed (e.g. level of fines, value of forfeited fish and/or gear, written warning given).

3 Reports shall include an explanation if no action has been taken.

The Commission shall convene every two months a meeting of the Committee for Fisheries and Aquaculture to evaluate the compliance with and results of the specific control and inspection programme.

This Decision is addressed to the Member States.