L 162/6 Official Journal of the European Communities 26.6.1999 COUNCIL REGULATION (EC) No 1351/1999 of 21 June 1999 laying down certain control measures to ensure compliance with the measures adopted by ICCAT THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parlia- ment (%), (1) ~ Whereas the European Community has been a contracting party to the International Convention for the Conservation of Atlantic Tunas, hereinafter referred to as ‘the ICCAT Convention’, since 14 November 1997; (2) Whereas the ICCAT Convention provides a regional framework for cooperation with a view to the conservation and management of resources of tuna and tuna-like fish in the Atlantic Ocean and adjacent seas through the agency of an Inter- national Commission for the Conservation of Atlantic Tunas, hereinafter referred to as ICCAT’, and the adoption of recommendations on conserva- tion and management in the Convention area that become binding on contracting parties; (3  Whereas, with a view to ensuring compliance with the conservation measures in place, ICCAT adopted at its fifteenth ordinary meeting from 14 to 21 November 1997 a recommendation on tran- shipments and vessel observation that became binding on contracting parties from 13 June 1998; whereas the Community should apply that recom- mendation; (40  Whereas it is necessary to lay down rules on the transmission of information on vessels suspected of fishing activity detrimental to the effectiveness of the conservation measures adopted by ICCAT; (5)  Whereas it is essential to strengthen control at sea by allowing Community fishing vessels and mother ships to receive transhipments only from vessels flying the flag of a contracting party or cooperating party, entity or fishing entity; (6)  Whereas ICCAT has constantly encouraged non- contracting parties, entities and fishing entities fishing in the Convention area for species falling () OJ C 371, 1.12.1998, p. 16. () Opinion delivered on 13 April 1999 (not yet published in the Official Journal). within ICCAT’s competence to become cooper- ating parties, entities or fishing entities by making a firm commitment to comply with ICCAT’s conservation and management measures, HAS ADOPTED THIS REGULATION: Article 1 For the purposes of this Regulation: ‘Observation’ shall mean any observation by a Member State’s vessel, aircraft or competent authority, responsible for surveillance at sea, of a vessel: — the nationality of which is not apparent (hereinafter referred to as ‘a stateless vessel’) and that is suspected of fishing for species falling within ICCAT’s compet- ence, or — flying the flag of another contracting party and suspected of fishing contrary to ICCAT’s conservation measures, or — flying the flag of a non-contracting party, entity or tishing entity and suspected of fishing contrary to ICCAT’s conservation measures. The observation shall be recorded on an observation form as shown in the Annex. As much as possible of the information specified in the observation form shall be given. The observation form may be accompanied by photographs of the vessel observed. Article 2 1. Observation forms shall be transmitted without delay to the competent authorities of observer’s Member State. The Member State shall forward them without delay to the Commission, which shall then inform the flag state of the observed vessel. 2. The Commission shall without delay transmit obser- vation forms to the ICCAT secretariat. Article 3 1. A Member State receiving through the competent authorities of a contracting party an observation on the activity of a vessel flying its flag shall without delay notify the observation and all relevant information to the Commission.