Registration in the eBCD system, notification and verification of information
1. Member States shall be responsible for ensuring that their users are registered in the eBCD system.
2. 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.
3. The notification provided for in in paragraph 2 shall indicate the date from which the change is applicable. A copy of national law provisions adopted for the purpose of implementing the bluefin tuna catch documentation programme shall be communicated with the initial notification, including procedures on authorising non-governmental individuals or institutions. Updated details on validating authorities and national provisions shall be communicated to the Commission in a timely manner.
4. Member States shall notify the Commission, by electronic means, of the points of contact, in particular, the name and full address of the organisation(s), that should be informed if questions arise in relation to BCDs or BFTRCs.
5. The Commission shall without delay notify the information provided for in paragraphs 2 to 4 to the ICCAT Secretariat.
6. Member States shall verify the information concerning the validating authorities notified to the ICCAT and published on a publicly accessible website held by the ICCAT Secretariat to help their authorities to verify the validation of BCDs and BFTRCs.
Paper BCDs or printed eBCDs
1. 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.
2. The use of a paper BCD referred to in paragraph 1 shall not be invoked by a Member State or CPCs as a reason to delay or deny the import of a bluefin tuna shipment, provided that the paper BCD complies with this Regulation. Printed eBCDs that are validated in the eBCD system shall satisfy the validation requirement stipulated in Article 3(3).
3. Flag or trap Member States shall provide BCD forms only to catching vessels and traps authorised to fish bluefin tuna in the Convention area, including as by-catch. Such forms shall not be transferable.
4. Paper copies of eBCDs shall follow each part of split lots or processed product, using the unique document number of the eBCD to link them.
Communication and conservation of paper validated documents
1. 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.
2. Member States shall make the communication provided for in paragraph 1 as soon as possible and in any event within five working days of the date of validation, or before the end of the transportation where the expected duration of the transportation should not take more than five working days.
3. Member States shall keep copies of documents issued or received for at least two years.
Annual report
1. By 15 August each year, Member States shall provide the Commission with a report comprising the information described in Annex 6 to ICCAT Recommendation 18-13, covering the period from 1 January to 31 December of the preceding year.
2. Reports generated from the eBCD system shall be used to fulfil the annual reporting requirements referred to in paragraph 1. Member States shall also provide in their annual report elements described in Annex 6 to ICCAT Recommendation 18-13 that cannot be produced from the eBCD system.
3. The Commission shall draw up the Union’s annual report based on the information received from Member States in accordance with paragraphs 1 and 2 and shall communicate it to the ICCAT Secretariat by 15 September each year.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
