18.4.2000 Official Journal of the European Communities L 96/67 COMMISSION COMMISSION DECISION of 5 April 2000 under the provisions of Council Regulation (EC) No 3286/94 concerning the Chilean prohibition on unloading of swordfish catches in Chilean ports (notified under document number C(2000) 926) (2000/296/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 328694 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation ('), as amended by Regulation (EC) No 356/95 (%), and in particular Articles 13 and 14 thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE (1)  On 26 May 1998 the Commission received a complaint pursuant to Articles 3 and 4 of Council Regulation (EC) No 328694 (hereafter the ‘Regulation’). The complaint was lodged by ANAPA (Asociacion Nacional de Arma- dores de Buques Palangreros de Altura — Spanish national association of owners of deepsea longliners). (2)  The complainant alleged that Chile maintained a prohi- bition on transhipment and transit of swordfish catches in Chilean ports and a requirement of a zoo-sanitary certificate for fishing products which enter the Chilean territory, whatever their way of entry or their final desti- () O] L 349, 31.12.1994, p. 71. () O] L 41, 23.2.1995, p. 3. nation, which are respectively inconsistent with Article V of GATT 1994 and Articles 2(3), 5(4) and (6) of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures. On that basis, the complainant asked the Commission to take the necessary actions to convince Chile to repeal these measures. (3)  The complaint contained sufficient evidence to justify the initiation of a Community examination procedure pursuant to Article 8 of the Regulation. Consequently, such procedure was initiated on 10 July 1998 (%). (4)  Following the initiation of the examination procedure the Commission carried out an investigation, which has led to the conclusions indicated below. B. FINDINGS REGARDING THE EXISTENCE OF AN OBSTACLE TO TRADE (5)  The relevant Chilean legislation concerning the prohibi- tion on unloading of swordfish catches in Chilean ports is established on the basis of Article 165 of the Chilean Fishery Law (Ley General de Pesca y Acuicultura), as consolidated by the Supreme Decree 430 of 28 September 1991. (6)  The investigation revealed that the Chilean legislation imposes a ban on landing and transit of highly migra- tory species (such as swordfish) caught inside or outside the Chilean exclusive economic zone, when these catches are made in contravention of conservation rules unilaterally imposed by Chile. These rules apply to swordfish catches made in inland waters, the territorial sea or the exclusive economic zone (EEZ) and in the areas bordering the EEZ. Consequently, the prohibition applies to swordfish catches made in the bordering areas to the exclusive economic zone, i.e. outside the exclusive economic zone. (’) Notice of initiation of an examination procedure concerning an obstacle to trade, within the meaning of Council Regulation (EC) No 3286/94, consisting of trade practices maintained by Chile in rela- tion to the transit and transhipment of swordfish in Chilean ports (O] C 215, 10.7.1998, p. 2).