L1628 Official Journal of the European Union 30.4.2004 COUNCIL REGULATION (EC) No 869/2004 of 26 April 2004 amending Regulation (EC) No 1936/2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (*), Whereas: 1 The International Commission for the Conservation of Atlantic Tunas (hereinafter referred to as ICCAT) has adopted a number of recommendations and the Indian Ocean Tuna Commission (hereinafter referred to as IOTC) has adopted a number of resolutions creating control and surveillance obligations, which have been transposed in Regulation (EC) No 1936/2001 (3. ICCAT at its 17th meeting in 2001 and its 13th special meeting in 2002 and IOTC at its 6th and 7th regular meetings in 2001 and 2002 recommended new control measures for certain stocks of highly migratory species. These recommendations and resolutions are binding on the Community and should therefore be implemented. Regulation (EC) No 1936/2001 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1936/2001 is hereby amended as follows: 1. in Article 3 the following points shall be added: () ) ‘(g) “fattening”™ raising of individuals in cages to increase their weight or fat content with a view to marketing; (h) “caging™ placing of wild individuals of any size in closed structures (cages) for fattening; (i) “fattening farm”: enterprise which raises wild indivi- duals in cages for fattening; () “transport vessel”: vessel receiving wild individuals and transporting them live to fattening farms.’ Opinion delivered on 13 January 2004 (not yet published in the Official Journal). OJ L 263, 3.10.2001, p. 1. 2. the following Articles shall be inserted: ‘Article 4a Activities of vessels participating in operations relating to bluefin tuna fattening 1. Each master of a Community vessel that transfers bluefin tuna for fattening to a transport vessel shall enter in his logbook: — quantity of bluefin tuna transferred and the number of fish, — catch zone, — date and position of transfer of bluefin tuna, — name of transport vessel, its flag, registration number and international radio call sign, — name(s) of fattening farm(s) of destination of the quan- tity of bluefin tuna transferred. 2. Each master of a transport vessel to which bluefin tuna have been transferred shall enter: (a) quantity of bluefin tuna transferred per fishing vessel and the number of fish; (b) the name of the vessel that caught the quantities referred to in a), together with its flag, registration number and international radio call sign; (c) date and position of transfer of bluefin tuna; (d) name(s) of fattening farm(s) of destination of bluefin tuna. 3. The master shall be exempt from the obligation laid down in paragraph 2 if the entry is replaced with a copy of the transhipment declaration provided for in Article 11 of Regulation (EEC) No 2847/93 or a copy of document T2M referred to in Article 13 of Regulation (EEC) No 2847/93 indicating the information referred to in para- graph 2(c) of this Article. 4. Member States shall ensure that all bluefin tuna put into cages by vessels flying their flag are registered by their competent authority. They shall notify to the Commission, in line with Article 5, the quantities of bluefin tuna caught and caged by vessels flying their flag (task I as defined by ICCAT),