28.6.2007 EN Official Journal of the European Union L 168/1 COUNCIL REGULATION (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 and Article 299(2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of the European Economic and Social Committee (1) Whereas: (1) In accordance with Article 6 of the Treaty, environmental protection requirements must be integrated into the definition and implementation of the Community policies and activities, in particular with a view to promoting sustainable development. (2) Aquaculture is a fast-growing sector where innovation and new outlets are being explored. In order to adapt the production to the conditions of the market, it is important for the aquaculture industry to diversify the species reared. (3) Aquaculture has benefited economically from the introduction of alien species and translocation of locally absent species in the past (for example rainbow trout, Pacific oyster and salmon) and the policy objective for the future is to optimise benefits associated with introductions and translocations while at the same time avoiding alterations to ecosystems, preventing negative biological interaction, including genetic change, with indigenous populations and restricting the spread of non-target species and detrimental impacts on natural habitats. (4) Invasive alien species have been identified as one of the key causes of loss of native species and harm to bio-diversity. Under Article 8(h) of the Convention on Biological Diversity (CBD), to which the Community is a Party, each Contracting Party is required, as far as possible and as appropriate, to prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species. In particular, the Conference of the Parties to the CBD has adopted Decision VI/23 on alien species that threaten ecosystems, habitats or species, the annex to which sets out Guiding Principles for the prevention, introduction and mitigation of impacts of such alien species. (5) The translocation of species within their natural range to areas where they are locally absent for specific bio-geographical reasons may also present risks for ecosystems in these areas and should also be covered by this Regulation. (6) The Community should therefore develop its own framework to ensure adequate protection of aquatic habitats from the risks associated with the use of non-native species in aquaculture. This framework should include procedures for the analysis of the potential risks, the taking of measures based on the prevention and precautionary principles and the adoption of contingency plans where necessary. These procedures should build on experience gained through the existing voluntary frameworks, and notably the International Council for the Exploration of the Sea (ICES) Code of Practice on the Introductions and Transfers of Marine Organisms and the European Inland Fisheries Advisory Commission (EIFAC) Code of Practice and Manual of Procedures for consideration of introduction and transfer of marine and freshwater organisms. (7) The measures provided for in this Regulation should be without prejudice to Council Directive 85/337/EEC of 27 June 1985 on environmental impact assessment (2), Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (3), Directive 2000/60/EC of the European Parliament and the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (4) and Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (5). (8) The potential risks, which may in some cases be far reaching, are initially more evident locally. The characteristics of local aquatic environments throughout the Community are very diverse and Member States have the appropriate knowledge and expertise to evaluate and manage the risks to the aquatic environments falling within their sovereignty or jurisdiction. It is therefore appropriate that the implementation of the measures provided for in this Regulation falls primarily under the responsibility of Member States. (9) It should be taken into account that movements of alien or locally absent species to be held in closed aquaculture facilities which are secure and which present a very low risk of escape should not be subject to prior environmental risk assessment. (10) However, in cases where risks are not negligible and may affect other Member States there should be a Community system for consultation of interested parties and validation of permits prior to their granting by Member States. The Scientific, Technical and Economic Committee for Fisheries (STECF) established under Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (6) should provide the scientific advice in this consultation and the Advisory Committee for Fisheries and Aquaculture set up by Commission Decision 1999/478/EC (7) should give the advice of stakeholders in the field of aquaculture and environmental protection. (11) Some alien species have commonly been used in aquaculture for a long time in certain parts of the Community. The activities connected therewith should therefore benefit from a differential treatment facilitating their development without any additional administrative burden on condition that the source can provide stock that is free of non target species. Member States who wish to restrict the use of such long-used species in their territory should be permitted to do so. (12) Nothing in this Regulation shall prevent Member States from regulating the keeping of alien or locally absent species in private aquaria and garden ponds through national regulations. (13) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8). (14) For the sake of efficiency, the procedure for the amendments to Annexes I, II, III and IV of this Regulation, necessary to adapt them to technical and scientific progress, should be the management procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002, HAS ADOPTED THIS REGULATION: CHAPTER I SUBJECT MATTER, SCOPE AND DEFINITIONS Article 1 Subject matter This Regulation establishes a framework governing aquaculture practices in relation to alien and locally absent species to assess and minimise the possible impact of these and any associated non-target species on aquatic habitats and in this manner contribute to the sustainable development of the sector. Article 2 Scope 1. This Regulation shall apply to the introduction of alien species and translocation of locally absent species for their use in aquaculture in the Community taking place after the date this Regulation becomes applicable by virtue of Article 25(1). 2. This Regulation shall not apply to translocations of locally absent species within Member States, except for cases where, on the basis of scientific advice, there are grounds for foreseeing environmental threats due to the translocation. In the case that an advisory committee has been appointed under Article 5 it will be responsible for assessing the risks. 3. This Regulation shall cover all aquaculture activities located within the jurisdiction of Member States irrespective of their size or characteristics. It shall cover all alien and locally absent aquatic organisms farmed. It shall cover aquaculture using any form of aquatic medium. 4. This Regulation shall not apply to the keeping of ornamental aquatic animals or plants in pet-shops, garden centres, contained garden ponds or aquaria which comply with Article 6 of Commission Decision 2006/656/EC of 20 September 2006 laying down the animal health conditions and certification requirements for imports of fish for ornamental purpose (9) or in facilities which are equipped with effluent treatment systems which fulfil the aims set out in Article 1. 5. This Regulation, except for Articles 3 and 4, shall not apply to the species listed in Annex IV. The risk assessment in Article 9 shall not apply to species listed in Annex IV except in cases where Member States wish to take measures to restrict the use of the species concerned in their territory. 6. Movements of alien or locally absent species to be held in closed aquaculture facilities shall not be subject to prior environmental risk assessment except in cases where Member States wish to take appropriate measures. 7. Introductions and translocations for use in ‘closed aquaculture facilities’ may at a future date be exempted from the permit requirement of Chapter III, based on new scientific information and advice. Advances in the scientific understanding of bio security of modern closed systems are expected inter alia from Community-funded research on alien species. The relative decision will be taken not later than 31 March 2009 following the procedure described under Article 24. Article 3 Definitions For the purpose of this Regulation the following definitions shall apply: 1. ‘aquaculture’ means the activity defined in Article 3, paragraph (d) of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (10); 2. ‘open aquaculture facility’ means a facility where aquaculture is conducted in an aquatic medium not separated from the wild aquatic medium by barriers preventing the escape of reared specimens or biological material that might survive and subsequently reproduce; 3. ‘closed aquaculture facility’ means a facility where aquaculture is conducted in an aquatic medium, which involves recirculation of water and which is separated from the wild aquatic medium by barriers preventing the escape of reared specimens or biological material that might survive and subsequently reproduce; 4. ‘aquatic organisms’ means any species living in water belonging to the animalia, plantae and protista kingdoms, including any part, gametes, seeds, eggs or propagules of their individuals that might survive and subsequently reproduce; 5. ‘Polyploid organisms’ means artificially induced tetraploid organisms (4N). These are aquatic organisms in which the number of chromosomes in the cells has been doubled through cell manipulation techniques; 6. ‘alien species’ means: (a) a species or subspecies of an aquatic organism occurring outside its known natural range and the area of its natural dispersal potential; (b) polyploid organisms, and fertile artificially hybridised species irrespective of their natural range or dispersal potential; 7. ‘locally absent species’ means a species or subspecies of an aquatic organism which is locally absent from a zone within its natural range of distribution for biogeographical reasons; 8. ‘non-target species’ means any species or subspecies of an aquatic organism likely to be detrimental to the aquatic environment that is moved accidentally together with an aquatic organism that is being introduced or translocated not including disease-causing organisms which are covered by Directive 2006/88/EC; 9. ‘movement’ means introduction and/or translocation; 10. ‘introduction’ means the process by which an alien species is intentionally moved to an environment outside its natural range for use in aquaculture; 11. ‘translocation’ means the process by which a locally absent species is intentionally moved within its natural range for its use in aquaculture to an area where it previously did not exist because of bio-geographical reasons; 12. ‘pilot release’ means the introduction of alien species or translocation of locally absent species on a limited scale to assess ecological interaction with native species and habitats in order to test the risk assessment assumptions; 13. ‘applicant’ means the natural or legal person or entity proposing to conduct the introduction or translocation of an aquatic organism; 14. ‘quarantine’ means a process by which aquatic organisms and any of their associated organisms can be maintained in complete isolation from the surrounding environment; 15. ‘quarantine facility’ means a facility in which aquatic organisms and any of their associated organisms can be maintained in complete isolation from the surrounding environment; 16. ‘routine movement’ means the movement of aquatic organisms from a source which has a low risk of transferring non-target species and which, on account of the characteristics of the aquatic organisms and/or the method of aquaculture to be used, for example closed systems as defined in 3, does not give rise to adverse ecological effects; 17. ‘non-routine movement’ shall mean any movement of aquatic organisms which does not fulfil the criteria for routine movement; 18. ‘receiving Member State’ shall mean the Member State into the territory of which the alien species is introduced or the locally absent species is translocated; 19. ‘sending Member State’ means the Member State from the territory of which the alien species is introduced or the locally absent species is translocated. CHAPTER II GENERAL OBLIGATIONS OF THE MEMBER STATES Article 4 Measures for avoiding adverse effects Member States shall ensure that all appropriate measures are taken to avoid adverse effects to biodiversity, and especially to species, habitats and ecosystem functions which may be expected to arise from the introduction or translocation of aquatic organisms and non-target species in aquaculture and from the spreading of these species into the wild. Article 5 Decision making and advisory bodies Member States shall designate the competent authority or authorities responsible for ensuring compliance with the requirements of this Regulation (the competent authority(ies)). Each competent authority may appoint an advisory committee to assist it, which shall include appropriate scientific expertise (the advisory committee). If a Member State does not appoint an advisory committee then the competent authority or competent authorities shall assume the tasks assigned to the advisory committee in this Regulation. CHAPTER III PERMITS Article 6 Application for a permit 1. Aquaculture operators intending to undertake the introduction of an alien species or the translocation of a locally absent species not covered by Article 2(5) shall apply for a permit from the competent authority of the receiving Member State. Applications may be submitted for multiple movements to take place over a period of not longer than seven years. 2. The applicant shall submit with the application a dossier following the indicative guidelines listed in Annex I. The advisory committee shall give an opinion on whether the application contains all the information required to assess whether the proposed movement is routine or non-routine, and is therefore admissible, and shall inform the competent authority of its opinion. 3. By the end of the permit period an application for another permit may be submitted by referring to the former permit. If there have been no documented adverse effects on the environment, the proposed movement shall be considered a routine movement. Article 7 Type of proposed movement The advisory committee shall give its opinion on whether the proposed movement is a routine or a non-routine movement and whether release must be preceded by quarantine or pilot release and shall inform the competent authority of its opinion. Article 8 Routine movement In the case of routine movements, the competent authority may grant a permit, indicating, where applicable, the requirement for quarantine or pilot release as set out in Chapters IV and V. Article 9 Non-routine movement 1. In the case of non-routine movements, an environmental risk assessment shall be carried out as outlined in Annex II. The competent authority shall decide whether the applicant or an independent body is responsible for conducting the environmental risk assessment and who shall bear the cost. 2. On the basis of the environmental risk assessment, the advisory committee shall give its opinion on the risk to the competent authority, using the summary report form set out in Annex II, Part 3. If the advisory committee finds that the risk is low, the competent authority may grant the permit without further formalities. 3. If the advisory committee finds that the risk associated with the proposed movement of aquatic organisms is high or medium in the sense of Annex II, part 1, it shall examine the application in consultation with the applicant to see if there are mitigation procedures or technologies available to reduce the level of risk to low. The advisory committee shall forward the results of its examination to the competent authority, detailing the level of risk and specifying the reasons for any reduction in risk, in the form specified in Annex II, Part 3. 4. The competent authority may only issue permits for non-routine movements in cases where the risk assessment, including any mitigation measures, show a low risk to the environment. Any refusal of a permit must be duly motivated on scientific grounds and, where scientific information is as yet insufficient, on the grounds of the precautionary principle. Article 10 Decision period 1. The applicant shall be informed in writing within a reasonable time of the decision to issue or refuse a permit, and in any case not later than six months from the date of application, excluding time when an applicant provides additional information if the advisory committee so requests. 2. Member States which are signatories to ICES may request to have applications and risk assessments regarding marine organisms reviewed by ICES prior to the issuing of an opinion by the advisory committee. In such cases an additional period of six months shall be allowed. Article 11 Movements affecting neighbouring Member States 1. Where the potential or known environmental effects of a proposed movement of an organism are liable to affect neighbouring Member States, the competent authority shall notify the Member State or States concerned and the Commission of its intention to grant a permit by sending a draft decision, accompanied by an explanatory memorandum and a summary of the environmental risk assessment as specified in Annex II, Part 3. 2. Within two months of the date of notification, the other Member States concerned may submit written comments to the Commission. 3. Within six months of the date of notification, the Commission shall, after consulting the Scientific, Technical and Economic Committee for Fisheries (STECF), established under Article 33 of Regulation (EC) No 2371/2002 and the Advisory Committee for Fisheries and Aquaculture, established by Decision 1999/478/EC, confirm, reject or amend the proposed decision to grant a permit. 4. Within 30 days of the date of the Commission's decision, the Member States concerned may refer that decision to the Council. Within a further 30 day period, the Council, acting by qualified majority, may take a different decision. Article 12 Withdrawal of permit At any point in time, the Competent Authority can withdraw the permit, temporarily or permanently, if unforeseen events with negative effects on the environment or on native populations occur. Any withdrawal of a permit must be justified on scientific grounds and, where scientific information is as yet insufficient, on the grounds of the precautionary principle and having due regard to national administrative rules. CHAPTER IV CONDITIONS FOR INTRODUCTION AFTER ISSUE OF A PERMIT Article 13 Compliance with other Community provisions A permit may only be issued for an introduction under this Regulation, where it is apparent that requirements under other legislation can be met, and in particular: (a) the animal health conditions set out in Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals; (b) the conditions set out in Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (11). Article 14 Release into aquaculture facilities in case of routine introductions In the case of routine introductions, the release of aquatic organisms into open or closed aquaculture facilities shall be allowed without quarantine or pilot release, unless, in exceptional cases, the competent authority decides otherwise on the basis of specific advice given by the advisory committee. Movements from a closed aquaculture facility to an open aquaculture facility shall not be regarded as routine. Article 15 Release into open aquaculture facilities in case of non-routine introductions 1. In the case of non-routine introductions, the release of aquatic organisms into open aquaculture facilities shall be subject, if necessary, to the conditions set out in paragraphs 2, 3 and 4. 2. The aquatic organisms shall be placed in a designated quarantine facility within the territory of the Community in accordance with the conditions set out in Annex III, for the purpose of constituting a brood-stock. 3. The quarantine facility may be located in a Member State other than the receiving Member State, provided that all Member States concerned agree and that this option has been included in the environmental risk assessment under Article 9. 4. If appropriate, only progeny of the introduced aquatic organisms may be used in aquaculture facilities of the receiving Member State, provided that no potentially harmful non-target species are found during quarantine. Adult stock may be released in those cases where the organisms do not reproduce in captivity or are fully reproductively sterile, providing the absence of potentially harmful non target species is confirmed. Article 16 Pilot release into open aquaculture facilities The competent authority may require that the release of the aquatic organisms into open aquaculture systems be preceded by an initial pilot release subject to specific containment and to preventive measures based on the advice and recommendations of the advisory committee. Article 17 Contingency plans For all non-routine introductions and pilot releases, the applicant shall draw up a contingency plan for the approval of the competent authority, which shall include, inter alia, the removal of the introduced species from the environment, or a reduction in density, for unforeseen events with negative effects on the environment or on native populations. If such an event occurs, the contingency plans shall be implemented immediately and the permit can be withdrawn, temporarily or permanently as per Article 12. Article 18 Monitoring 1. Alien species shall be monitored after their release into open aquaculture facilities for a period of two years or a full generation cycle, whichever is longer, to assess whether the impacts were accurately predicted or if there are additional or different impacts. The level of spread or containment of the species shall be studied in particular. The competent authority shall decide whether the applicant has the adequate expertise or whether another body is to carry out the monitoring. 2. Subject to the opinion of the advisory committee, the competent authority may require longer monitoring periods to assess any possible long-term ecosystem effects not easily detectable in the period laid down in paragraph 1. 3. The advisory committee shall evaluate the results of the monitoring programme and note in particular any event not correctly anticipated in the environmental risk assessment. The results of that evaluation shall be sent to the competent authority which shall include a summary of the results in the national register established under Article 23. CHAPTER V CONDITIONS FOR TRANSLOCATIONS AFTER ISSUE OF A PERMIT Article 19 Compliance with other Community provisions A permit may only be issued for a translocation under this Regulation where it is apparent that requirements under other legislation can be met and in particular: (a) the animal health conditions set out in Directive 2006/88/EC; (b) the conditions set out in Directive 2000/29/EC. Article 20 Non-routine translocation into open aquaculture facilities In the case of non-routine translocations into open aquaculture facilities, the competent authority may require that release of aquatic organisms be preceded by an initial pilot release with specific containment and preventive measures based on the advice and recommendations of the advisory committee. Article 21 Quarantine The receiving Member State may, in exceptional cases and subject to approval by the Commission, require quarantine in accordance with Article 15(2), (3) and (4) before release of species from non-routine translocations into open aquaculture facilities. The request for approval by the Commission shall indicate the reasons why quarantine is required. The Commission shall reply to such requests within 30 days. Article 22 Monitoring following translocation Following a non-routine translocation, the species shall be monitored in accordance with Article 18. CHAPTER VI REGISTER Article 23 Register Member States shall keep a register of introductions and translocations containing a historical record of all applications made and the associated documentation gathered before the issue of a permit and during the monitoring period. The register shall be made freely available to the Member States and public in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (12). To allow Member States to share the information contained in their registers, a specific information system may be developed in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. CHAPTER VII FINAL PROVISIONS Article 24 Detailed rules and adaptation to technical progress 1. Amendments to Annexes I, II, III and IV and their corresponding provisions necessary in order to adapt them to technical and scientific progress shall be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 2. In order for species to be added to Annex IV, the aquatic organism must have been used in aquaculture for a long time (with reference to its life cycle) in certain parts of the Community with no adverse effects, and introductions and translocations must be able to take place without the coincident movement of potentially harmful non target species. 3. The Commission shall adopt, in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002, the rules implementing the conditions necessary for adding species to Annex IV, as referred in paragraph 2. 4. After the adoption by the Commission of the implementing rules mentioned in paragraph 3, Member States may request the Commission to add species to Annex IV making use of the procedure mentioned in paragraph 1. Member States may provide scientific data to prove coherence with relevant criteria for adding species to Annex IV. The Commission shall decide within five months following receipt of the requests on their suitability excluding time when the Member State provides additional information if the Commission so requests. 5. However, Member States’ requests to add species to Annex IV received before the date of entry into force of the Regulation, shall be decided before 1 January 2009. 6. Member States concerned may propose in respect of their outermost regions, as referred to in Article 299(2) of the Treaty establishing the European Community, the addition of species to be included in a separate part of Annex IV. Article 25 Entry into force 1. This Regulation shall enter into force 20 days following its publication in the Official Journal of the European Union. It shall apply six months after a Commission's Regulation on implementing rules referred to in Article 24(3) enters into force, but not later than 1 January 2009. 2. However, the provisions contained in Chapter I and Chapter II as well as Article 24, shall be applicable as from the date of entry into force of the Regulation. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 11 June 2007. For the Council The President H. SEEHOFFER (1) OJ C 324, 30.12.2006, p. 15. (2) OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC of the European Parliament and of the Council (OJ L 156, 25.6.2003, p. 17). (3) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive 2006/105/EC (OJ L 363, 20.12.2006, p. 368). (4) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC of the European Parliament and of the Council (OJ L 331, 15.12.2001, p. 1). (5) OJ L 328, 24.11.2006, p. 14. (6) OJ L 358, 31.12.2002, p. 59. (7) OJ L 187, 20.7.1999, p. 70. Decision as amended by Decision 2004/864/EC (OJ L 370, 17.12.2004, p. 91). (8) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). (9) OJ L 271, 30.9.2006, p. 71. (10) OJ L 223, 15.8.2006, p. 1. (11) OJ L 169, 10.7.2000, p. 1. (12) OJ L 41, 14.2.2003, p. 26. ANNEX I APPLICATION (Indicative guidelines for the dossier to be completed by applicant as foreseen under Article 6) Wherever possible, information is to be supported with references from the scientific literature, and notations to personal communications with scientific authorities and fisheries experts. Applicants are advised to distinguish between movements to ‘open’ or ‘closed’ aquaculture facilities. For the purpose of this Annex when an application refers to a proposed translocation, rather than an introduction, the terms introduction/introduced are to be replaced by translocation/translocated. A. Executive summary Provide a brief summary of the document including a description of the proposal, the potential impacts on native species and their habitats and mitigation steps to minimise the potential impacts on native species. B. Introduction (1) Name (common and scientific) of the organism proposed for introduction or translocation, indicating the genus, species, subspecies or lower taxonomic classification where applicable. (2) Describe the characteristics, including distinguishing characteristics, of the organism. Include a scientific drawing or photograph. (3) Describe the history in aquaculture, enhancement or other introductions (if appropriate). (4) Describe the objectives and rationale for the proposed introduction, including an explanation as to why such an objective cannot be met through the utilisation of an indigenous species. (5) What alternate strategies have been considered in order to meet the objectives of the proposal? (6) What is the geographic area of the proposed introduction? Describe the habitats, ecosystem and protection status of the receiving environment. Include a map. (7) Describe the numbers of organisms it is proposed to introduce (initially, ultimately). Can the project be broken down into different sub-components? If so, how many organisms are involved in each sub-component? (8) Describe the source(s) of the stock (facility) and genetic stock (if known). C. Life history information of the species to be introduced — for each life history stage (1) Describe the native range and range changes due to introductions. (2) Does the stock from which the introduction/translocation will be made have a link with any known non-target species? (3) What is the distribution of such non-target species within the area of origin of the stock to be introduced/translocated? (4) Record where the species was introduced previously and describe the ecological effects on the environment of the receiving area (predator, prey, competitor, and/or structural/functional elements of the habitat). (5) What factors limit the species in its native range. (6) Describe the physiological tolerances (water quality, temperature, oxygen, and salinity) at each life history stage (early life-history stages, adult and reproductive stages). (7) Describe the habitat preferences and tolerances for each life-history stage. (8) Describe the reproductive biology. (9) Describe the migratory behaviour. (10) Describe the food preferences for each life-history stage. (11) Describe the growth rate and lifespan (also in the area of the proposed introduction, if known). (12) What is the age or age-range of the species concerned? (13) Describe the behavioural traits (social, territorial, aggressive). D. Interaction with native species (1) What is the potential for survival and establishment of the introduced organism if it escapes? (This question applies to movements into open and closed aquaculture facilities.) (2) What habitat(s) will the introduced species be likely to occupy in the proposed area of introduction and will this overlap with any vulnerable, threatened or endangered species? (Indicate if the proposed area of introduction also includes contiguous waters.). (3) With which native species will there be a niche overlap? Are there any unused ecological resources of which the species would take advantage? (4) What will the introduced organism eat in the receiving environment? (5) Will this predation cause any adverse impacts on the receiving ecosystem? (6) Will the introduced organisms survive and successfully reproduce in the proposed area of introduction or will annual stocking be required? (This question applies to species not intended for closed aquaculture facilities.) (7) Will the introduced organisms hybridise with native species? Is local extinction of any native species or stocks possible as a result of the proposed introduction? Are there any possible effects of the introduced organisms on the spawning behaviour and spawning grounds of local species? (8) Are there any potential impacts on habitat or water quality as a result of the proposed introduction? E. Receiving environment and contiguous waters (1) Provide physical information on the receiving environment and contiguous waterbodies such as seasonal water temperatures, salinity, and turbidity, dissolved oxygen, pH, nutrients and metals. Do those parameters match the tolerances/preferences of the species to be introduced, including conditions needed for reproduction? (2) List species composition (major aquatic vertebrates, invertebrates and plants) of the receiving waters. (3) Provide information on habitat in the area of introduction, including contiguous waters, and identify critical habitat. Which of those parameters match the tolerances/preferences of the organisms to be introduced? Can the introduced organisms disturb any of the habitats described? (4) Describe the natural or man-made barriers that should prevent the movement of the introduced organisms to adjacent waters. F. Monitoring Describe the plans for follow-up assessments of the proposed introduced species’ success and how any negative impacts on native species and their habitats will be assessed. G. Management plan (1) Describe the management plan for the proposed introduction. This should include, but not be restricted to, the following information: (a) measures taken to ensure that no other species (non-target species) accompany the shipment; (b) who will be permitted to use the proposed organisms and under what terms and conditions; (c) will there be a pre-commercial phase for the proposed introduction? (d) description of the contingency plan for the removal of species; (e) description of the quality assurance plan for the proposal, and, (f) other legislative requirements that need to be met. (2) Describe the chemical, biophysical and management measures being taken to prevent accidental escape of the organism and non-target species, to and their establishment in, non-target recipient ecosystems. Give details of the water source, effluent destination, any effluent treatment, proximity to storm sewers, predator control, site security and measures to prevent escapes, if necessary. (3) Describe contingency plans in the event of an unintentional, accidental or unauthorised liberation of the organisms from rearing and hatchery facilities or an accidental or unexpected expansion of the range of colonisation after release. (4) If this proposal is intended to create a fishery, give details of the fishery objective. Who would benefit from such a fishery? Give details of the management plan and, if appropriate, include changes in the management plans for species which will be impacted. H. Business data (1) Provide the name of the owner and/or company, the aquaculture licence number and the business licence (if applicable) or the name of the government agency or department with a contact name, telephone, fax and e-mail information. (2) Provide an indication as to the economic viability of the proposed project. I. References (1) Provide a detailed bibliography of all references cited in the course of preparing the application. (2) Provide a list of names, including addresses, of scientific authorities and fisheries experts consulted. ANNEX II Procedures and minimum elements to be addressed in an environmental risk assessment as foreseen under Article 9 To evaluate risks associated with the introduction or translocation of aquatic organisms it is necessary to assess the probability that the organisms will become established and the consequences of that establishment. The process addresses the major environmental components. It provides a standardised approach for evaluating the risk of genetic and ecological impacts as well as the potential for introducing a non-target species that might impact the native species of the proposed receiving waters. During the review process, emphasis is not on the ratings but on the detailed biological and other relevant information statements that motivate them. In case of scientific uncertainty, the precautionary principle should be applied. For the purpose of this Annex, where an application refers to a proposed translocation the terms ‘introduction/introduced’ are to be replaced by ‘translocation/translocated’. PART 1 ECOLOGICAL AND GENETIC RISK ASSESSMENT PROCESS Step 1 Likelihood of establishment and spreading beyond the intended area of introduction Event Likelihood (H, M, L) (1) Certainty (VC, RC, RU, VU) (2) Comments in support of assessment (3) The introduced or translocated species, escaped or dispersed, successfully colonises and maintains a population in the intended area of introduction beyond the control of the aquaculture facility. The introduced species or translocated, escaped or dispersed, spreads beyond the intended area of introduction. Final rating (4) Step 2 Consequences of establishment and spreading Event Likelihood (H, M, L) Certainty (VC, RC, RU, VU) Comments in support of assessment (5) Genetic mixing with local populations leads to a loss of genetic diversity. Competition (food, space) with or predation on native populations leads to their extirpation. Other undesirable events of ecological nature Some of the abovementioned events persist even after removal of the introduced species. Final rating (6) Step 3 Risk potential associated to the alien and locally absent species A single value is given based on the assessments done in Steps 1 and 2: Component Risk potential (H, M, L) Certainty (VC, RC, RU, VU) Comments in support of assessment (7) Establishment and spreading (step 1) Ecological consequences (step 2) Final rating of overall risk potential (8) The result of this assessment will be expressed in terms of the following risk levels: A high-risk movement: (a) has a high risk of damaging biodiversity from spreading and other ecological consequences; (b) operates under farming conditions which would increase the risk of such damage; (c) involves an aquaculture facility which sells live aquatic animals for further farming or restocking; (d) as a consequence, the movement is of major concern (major mitigation measures are required). It is advised that the proposal be rejected unless mitigation procedures can be developed to reduce the risk to low. A medium-risk movement: (a) has a medium risk of damaging biodiversity from spreading and other ecological consequences; (b) operates under farming conditions which would not necessarily increase the risk of such damage, taking account of the species and the containment conditions; (c) involves an aquaculture facility which sells its products mainly for human consumption; (d) as a consequence the movement is of moderate concern. It is advised that the proposal be rejected unless mitigation procedures can be developed to reduce the risk to low. A low-risk movement: (a) has a low risk of damaging biodiversity from spreading and other ecological consequences. (b) operates under farming conditions which would not increase the risk of such damage; (c) involves an aquaculture facility which sells its products for human consumption only; (d) as a consequence the movement is of negligible concern. It is advised that the proposal be approved. Mitigation is not needed. The proposal can only be approved as presented (no mitigating measures required) if the overall estimated risk potential is low and if the overall certainty for which the overall risk has been estimated is very certain or reasonably certain. If, as a result of a first analysis, a high or medium category is attributed to the overall risk, then containment or mitigation proposals are to be incorporated in the application, which will be subject to subsequent risk analysis until the final rating for the overall risk becomes low with a very certain or reasonably certain assessment. Descriptions of these additional steps, together with detailed specifications of the containment or mitigation measures, will become an integral part of the risk assessment. PART 2 NON-TARGET SPECIES ASSESSMENT PROCESS Step 1 Likelihood of establishment and spreading of non-target species beyond the intended area of introduction Event Likelihood (H, M, L) Certainty (VC, RC, RU, VU) Comments in support of assessment (9) A non-target species is introduced as a consequence of the introduction or translocation of the aquatic organisms. The introduced non-target species encounters susceptible habitats or host organisms. Final rating (10) Step 2 Consequences of non-target species establishment and spreading Event Likelihood (H, M, L) Certainty (VC, RC, RU, VU) Comments in support of assessment (11) The non-target species compete with or predate on native populations, leading to their extirpation. Genetic mixing of the non-target species with local populations leads to a loss of genetic diversity. Other undesirable events of ecological or pathological nature Some of the abovementioned events persist even after removal of the non-target species. Final rating (12) Step 3 Risk potential associated with non-target species A single value is given based on the assessments performed in Steps 1 and 2: Component Risk potential (H, M, L) Certainty (VC, RC, RU, VU) Comments in support of assessment (13) Establishment and spreading (step 1) Ecological consequences (step 2) Final rating (14) The conditions applicable to the assessment of risk potential associated to the alien species (part 1) are to also apply, mutatis mutandis, to this risk potential associated with non-target species (part 2), including the obligation to introduce containment and mitigation measures. PART 3 OVERALL ENVIRONMENTAL RISK ASSESSMENT — SUMMARY REPORT — History, background and rationale for the request: — risk assessment summary information — summary of the ecological and genetic risk assessment — summary of the non-target species risk assessment — Comments: — Mitigation measures: — Concluding statement on total organism potential risk: — Advice to competent authority: (1) H = High, M = Medium, L = Low (2) VC = Very certain, RC = Reasonably certain, RU = Reasonably uncertain, VU = Very uncertain (3) The assessor is referred for guidance to Appendix A and Appendix B of the ICES Code of Practice. (4) The final rating for the likelihood of establishment and spreading is assigned the value of the element with the lowest rating (for example, high and low ratings for the above elements would result in a final low rating). Again, both events — probability of the organism successfully colonising and maintaining a population in the intended area of introduction (be it a confined environment such as a facility, or a natural habitat) and the probability of spreading beyond the intended area of introduction (estimated as explained above) — need to occur in order to have establishment beyond the intended area of introduction. The final rating for the level of Certainty is assigned the value of the element with the lowest level of certainty (e.g. very certain and reasonably certain ratings would result in a final reasonably certain rating). The harmfulness of a establishment and spreading should be taken into account, together with risk/benefit ration, in arriving at the final rating. (5) The assessor is referred for guidance to Appendix A and Appendix B of the ICES Code of Practice. (6) The final rating for the consequences of establishment and spreading is assigned the value of the element (individual probability) with the highest rating and the final rating for the level of certainty is assigned the value of the element with the lowest level of certainty. (7) The assessor is referred for guidance to Appendix A and Appendix B of the ICES Code of Practice. (8) The final categorisation of risk potential takes the value of the highest of the two probabilities when there is no probability increment between the two estimates (i.e. if the Risk of establishment and spreading is high and the risk of ecological consequences is medium, the final rating takes the value of the highest of the two probabilities which is high. When there is a probability increment between the two estimates (i.e. a mixture of high and low) the final value is medium. (9) The assessor is referred for guidance to Appendix A and Appendix B of the ICES Code of Practice. (10) The final rating under likelihood is assigned the value of the element with the lowest risk rating and the final rating for the level of certainty is also assigned the value of the element with the lowest level of certainty. (11) The assessor is referred for guidance to Appendix A and Appendix B of the ICES Code of Practice. (12) The final rating for the consequences is assigned the value of the highest risk rating and final rating for the level of certainty is also assigned the value of the element with the lowest level of certainty. (13) The assessor is referred for guidance to Appendix A and Appendix B of the ICES Code of Practice. (14) The final rating under risk potential is assigned the value of the element with the lowest risk rating and the final rating for the level of certainty is also assigned the value of the element with the lowest level of certainty. ANNEX III Quarantine Quarantine is the means by which live animals or plants and any of their associated organisms are maintained in complete isolation from the surrounding environment so as to prevent impact on wild and farmed species and undesirable changes to natural ecosystems. It is necessary to keep alien or locally absent species in quarantine long enough to detect all non-target species and to confirm the absence of pathogens or diseases. The unit is to be constructed in accordance with the specifications of the competent authority in the Member State of its location which is to be responsible for approving it. The duration of quarantine must be indicated in the permit. If the facility is not located of the receiving Member State, the advisory committee responsible for the facility and the advisory committee in the receiving Member State must agree on the duration. Operators are to run quarantine facilities in accordance with the following conditions. In addition the operator must have a quality assurance programme and an operating manual. For the purpose of this Annex where an application refers to a proposed translocation, the terms introduction/introduced are to be replaced by translocation/translocated. Effluent and waste disposal All effluents and wastes generated within the facility must be treated in a manner that effectively destroys all possible target species and associated organisms. To ensure continuous operation and complete containment, quarantine effluent treatment systems must be equipped with fail-safe backup mechanisms. Treated effluent and waste may contain substances which are harmful to the environment (e.g. antifouling agents) and must be disposed of in a manner which minimises environmental impact. Details of effluent and solid waste treatment must be prepared, listing the personnel responsible for treatments and timing. The system must be monitored to ensure effective operation and early detection of possible failures. Physical separation The organisms which have been transferred must be kept separate from other organisms to ensure containment. This excludes sentinel species which are specifically included to test the effects of the introduced species. The entry of birds, other animals, disease agents and contaminants must be prevented. Personnel Access must be restricted to trained, authorised personnel. Footwear, hands and any material used within the facility should be disinfected (see below) before exiting the facility. Equipment Upon receipt, all life-stages, tanks, water, shipping containers and equipment in contact with the introduced species, including the transport vehicles, must be handled is such a way as to ensure that there is no escape of the species or associated non-target species from the facility. All shipping and packing material must be disinfected, or burned if burning of the material is authorised. Mortalities and disposal Daily records or mortalities must be maintained and must be available for inspection by the competent authority. All mortalities must be kept on site. No mortalities, tissue or shells are to be discarded without approved treatment to ensure complete disinfection. Heat treatment such as autoclaving or chemical sterilisation may be employed. Mortalities must be reported to the competent authority and Member States must investigate the cause of mortalities in a timely manner. Mortalities must be stored, transported and disposed of, in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (1). Inspection and testing Regular inspections must be carried out for non-target species. If such a species or a previously undetected disease or parasite is identified in an organism, actions necessary to control the situation must be taken. These actions may include destruction of the organisms and disinfection of the facility. Duration The required duration of quarantine will vary according to the organism in question, seasonality of non-target species of concern and the rearing conditions. Record keeping Quarantine facilities must maintain accurate records of the following: — entry/exit times of personnel, — number of mortalities and method of storage or disposal, — treatment of incoming water and of effluent, — samples submitted to experts to test for non-target species, — any abnormal conditions affecting quarantine operation (power cuts, building damage, serious weather conditions, etc.). Disinfection Disinfection involves the application of disinfectants in sufficient concentrations and for sufficient time to kill harmful organisms. The disinfectants and concentrations for quarantine disinfection must be based on complete seawater and freshwater disinfection. Similar concentrations must be used for routine facility disinfection. It is recommended that all disinfectants be neutralised before release into the surrounding environment and facilities using seawater must deal with residual oxidants produced during chemical disinfection. In case of an emergency, such as the finding of an imported parasite or disease agent, sufficient disinfectant must be available to enable treatment of the entire facility. (1) OJ L 273, 10.10.2002, p. 1. Regulation last amended by Commission Regulation (EC) No 2007/2006 (OJ L 379, 28.12.2006, p. 98). ANNEX IV List of species foreseen by Article 2(5) Rainbow trout, Oncorhynchus mykiss Brook trout, Salvelinus fontinalis Common carp, Cyprinus carpio Grass carp, Ctenopharyntgodon idella Silver carp, Hypophthalmichthys molitrix Big head carp, Aristichtys nobilis Pacific cupped oyster, Crassostrea gigas Japanese or Manila clam, Ruditapes philippinarum Large-mouth bass, Micropterus salmoides Arctic char, Salvelinus alpinus

Summary: Alien and locally absent species Alien and locally absent species SUMMARY OF: Regulation (EC) No 708/2007 — use of alien and locally absent species in aquaculture WHAT IS THE AIM OF THE REGULATION? It aims to create rules on aquaculture* practices to ensure adequate protection of the aquatic environment from the risks associated with the use of non-native species and locally absent species* in aquaculture. It is based on the voluntary alien species* rules of the International Council for the Exploration of the Sea and the European Inland Fisheries and Aquaculture Advisory Commission. KEY POINTS Scope The regulation applies to: movements of alien species (introductions)* or locally absent species (translocations)* for their use in aquaculture in the EU; all types of aquaculture installation. Nevertheless, it lays down special rules relating to closed aquaculture facilities. Movements of non-native or locally absent species to be kept in closed aquaculture facilities may be exempted from the requirement to obtain a permit on condition that they are transported under conditions that prevent them from spreading in the environment. EU countries must keep a regularly updated list of closed aquaculture facilities. It does not apply to: translocations of organisms within EU countries, except if there is a risk to the environment; pet shops, garden centres or aquaria where there is no contact with EU waters; the species listed in Annex IV, except for certain cases. It covers all aquatic species, including any part that might survive and reproduce. Measures for avoiding adverse effects on biodiversity EU countries must: introduce measures to avoid adverse effects on biodiversity resulting from the movement of aquatic organisms for aquaculture purposes and from the spreading of those organisms; monitor and inspect aquaculture activities to ensure closed aquaculture facilities comply with the requirements laid down by this regulation; andtransport to or from such facilities takes place under conditions which prevent the escape of alien species or non-target species. Permits Any movement of an alien aquatic organism to an aquaculture facility requires a permit issued by the receiving EU country. To obtain this permit, the aquaculture operator must submit an application providing certain information, including: the name and characteristics of the organism concerned; the proposed destination and the reason for the movement; the potential impact on the environment; the measures to manage and monitor the movement, etc. Routine movement In the case of movement from a source known not to pose a risk to the environment, the competent authority may issue a permit indicating, where applicable, requirements for quarantine* or pilot release*. Non-routine movement In the case of non-routine movement, an environmental risk assessment must be carried out. If the level of risk is assessed to be medium or high, the applicant and the administration concerned must examine whether there are ways to reduce the risk to a low level. If the level of risk is reduced to low, the competent authority may issue a permit indicating, where appropriate, requirements for quarantine, pilot release or monitoring*. Movements affecting neighbouring EU countries EU countries likely to be affected by a movement of marine organisms must be informed and send their comments to the European Commission, which will confirm, cancel or amend the permit. Register EU countries must keep a register of introductions and translocations containing all the information relating to them. The registers are to be made available to the public. The majority of EU countries have dedicated a specific web page on the regulation and the register is generally accessible from there. FROM WHEN DOES THE REGULATION APPLY? It has applied since 1 January 2009, other than Chapters I and II, as well as Article 24 (detailed rules and adaptation to technical progress) which have applied since 18 July 2007. BACKGROUND Invasive alien species are one of the key causes of loss in biodiversity, whether by: genetic changes; the deterioration or modification of habitats; spreading pathogenic agents and parasites; or replacing native species in the ecological niche which they occupy. This environmental impact has major economic and social repercussions. For more information, see: Rules on alien and locally absent species (European Commission). KEY TERMS Aquaculture: the rearing or culture of aquatic organisms using techniques designed to increase the production of those organisms beyond the natural capacity of the environment. The organisms remain the property of a natural or legal person throughout the rearing or culture, up to and including harvesting. Locally absent species: any aquatic species which is locally absent from a zone within its natural range of distribution for biogeographical reasons. Alien species:any aquatic species occurring outside its known natural range and the area of its dispersal potential;any organism where the number of chromosomes has been artificially doubled; andfertile artificially hybridised species. Introductions: the process by which an alien species is intentionally moved to an environment outside its natural range for use in aquaculture. Translocations: the process by which a locally absent species is intentionally moved within its natural range for its use in aquaculture to an area where it was not previously present. Quarantine: the purpose of this is to maintain the organisms concerned in complete isolation for long enough to establish a breeding stock, to detect accidentally present species and to confirm the absence of pathogens and disease. The quarantine establishment must comply with detailed specifications in compliance with the conditions established by the regulation (Annex III). Pilot release: the initial phase of small-scale release of aquatic organisms subject to special confinement and prevention measures. A contingency plan must be drawn up so that the organisms in question can be removed or reduced in density in the event of unforeseen risks to the environment or native populations. Monitoring: this must be carried out for at least two years following the organisms’ release into their new environment, to assess whether the impacts were accurately predicted or if there are additional or different impacts. MAIN DOCUMENT Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture (OJ L 168, 28.6.2007, pp. 1-17) Successive amendments to Regulation (EC) No 708/2007 have been incorporated in to the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Commission Regulation (EC) No 535/2008 of 13 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture (OJ L 156, 14.6.2008, pp. 6-9) Commission Regulation (EC) No 506/2008 of 6 June 2008 amending Annex IV to Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture (OJ L 149, 7.6.2008, pp. 36-37) Commission Delegated Regulation (EU) 2022/516 of 26 October 2021 amending Annex IV to Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture (OJ L 104, 1.4.2022, pp. 51-52) last update 01.04.2022


12.5.2007 EN Official Journal of the European Union L 123/3 COUNCIL REGULATION (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001 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 Parliament, Whereas: (1) The Community has by Decision 98/392/EC (1) approved the United Nations Convention on the Law of the Sea which contains principles and rules relating to the conservation and management of the living resources of the sea. In the framework of its wider international obligations, the Community participates in efforts made in international waters to conserve fish stocks. (2) Pursuant to Decision 86/238/EEC (2) the Community has been a Contracting Party to the International Convention for the Conservation of Atlantic Tunas, hereinafter ‘the ICCAT Convention’, since 14 November 1997. (3) The ICCAT Convention provides a framework for regional cooperation on the conservation and management of tunas and tuna-like species in the Atlantic Ocean and adjoining seas through the setting up of an International Commission for the Conservation of Atlantic Tunas, hereinafter the ‘ICCAT’, and the adoption of recommendations on conservation and management in the Convention area which become binding on the Contracting Parties. (4) ICCAT has recommended a number of technical measures for certain stocks of highly migratory species in the Atlantic and the Mediterranean, specifying inter alia authorised sizes and weights of fish, and restrictions on fishing within certain areas and time periods, with certain gears, and on capacity. These recommendations are binding on the Community and should therefore be implemented. (5) The Community has by Decision 95/399/EC (3) approved the Agreement for the establishment of the Indian Ocean Tuna Commission. The Agreement provides an appropriate framework for closer international cooperation and the rational use of tunas and related species in the Indian Ocean by setting up the Indian Ocean Tuna Commission, hereinafter the ‘IOTC’, and adopting recommendations on conservation and management in the IOTC area which become binding on the Contracting Parties. (6) The IOTC has adopted a recommendation laying down technical measures for certain stocks of highly migratory species in the Indian Ocean and in particular the limiting of capacity. That recommendation is binding on the Community and should therefore be implemented. (7) The Community has by Decision 2005/938/EC (4) approved the Agreement on the International Dolphin Conservation Programme. It should therefore apply the provisions laid down in that Agreement. (8) The objectives of the Agreement include a progressive reduction of incidental dolphin mortalities in the tuna purseseine fishery in the Eastern Pacific Ocean to levels approaching zero, by setting annual limits, and the long-term sustainability of the tuna stocks in the Agreement Area. (9) The Community has fishing interests in the Eastern Pacific Ocean and has participated in the procedure for the adoption of the Convention for the strengthening of the Inter-American Tropical Tuna Commission, hereinafter the ‘Antigua Convention’. By Decision 2005/26/EC (5) it signed the Antigua Convention and launched the procedure for becoming a party to it. Pending the entry into force of the Antigua Convention, the Community, as a cooperating non-contracting party to the Inter-American Tropical Tuna Commission, hereinafter the ‘IATTC’, has decided to apply the technical measures adopted by the IATTC. These measures should therefore be incorporated in Community law. (10) Pursuant to Decision 2005/75/EC (6) and with effect from 25 January 2005 the Community is a Contracting Party to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, hereinafter the ‘WCPFC Convention’. (11) The WCPFC Convention provides a framework for regional cooperation with a view to ensuring the long-term conservation and sustainable exploitation of highly migratory fish stocks in the Western and Central Pacific Ocean through the setting up of a Fisheries Commission for the Western and Central Pacific Ocean (WCPFC). (12) The Community should therefore apply the provisions laid down in the Convention and the technical measures adopted by the WCPFC. (13) The technical measures adopted by these regional fisheries organisations have been incorporated into Council Regulation (EC) No 973/2001 of 14 May 2001 laying down technical measures for the conservation of certain stocks of highly migratory species (7). (14) The adoption of new technical measures by these organisations and the updating of those in force since the adoption of Regulation (EC) No 973/2001 require the repeal of that Regulation and its replacement by this Regulation. (15) The limits on capacity must be determined in accordance with Article 20 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (8). (16) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9), HAS ADOPTED THIS REGULATION: TITLE I INTRODUCTORY PROVISIONS Article 1 Object This Regulation lays down technical conservation measures applicable to the capture and landing of certain stocks of highly migratory species as referred to in Annex I and to the capture of by-catches. Article 2 Scope Without prejudice to Article 9, this Regulation shall apply to vessels flying the flag of a Member State and registered in the Community, hereinafter ‘Community fishing vessels’. Article 3 Definitions For the purposes of this Regulation: 1. ‘Highly migratory species’ means the species listed in Annex I. 2. ‘Tunas and related species covered by ICCAT’ means the species listed in Annex II. 3. ‘Dolphin mortality limit’ means the limit defined in Article V of the Agreement on the International Dolphin Conservation Programme (10). 4. ‘Leisure fisheries’ means fishing activities exploiting living aquatic resources for recreation or sport. 5. ‘Encircling nets’ means nets which catch fish by surrounding them both from the sides and from below; they may or may not be equipped with a purse line. 6. ‘Purse seines’ means any encircling net the bottom of which is drawn together by means of a purse line at the bottom of the net, which passes through a series of rings along the groundrope, enabling the net to be pursed and closed. Purse seines may be used to catch small pelagic species, large pelagic species or demersal species. 7. ‘Longlines’ means a fishing gear which comprises a main line carrying numerous hooks on branch lines (snoods) of variable length and spacing depending on the target species. It may be deployed either vertically or horizontally to the sea surface; it may be set either at or near the bottom (bottom-set longline) or drifting in midwater or near the surface (surface longline). 8. ‘Hook’ means a bent, sharpened piece of steel wire usually with barb. The point of a hook may be either straight or even reversed and curved. The shank can be of varying length and form and its cross section can be round (regular) or flattened (forged). The total length of a hook shall be measured as the maximum overall length of the shank from the tip of the hook which serves for fastening the line and is usually shaped as an eye, to the apex of the bend. The width of a hook shall be measured as the greatest horizontal distance from the external part of the shank to the external part of the barb. 9. ‘Fish-aggregating devices (FADs)’ means any equipment floating on the sea surface and with the objective of attracting fish. 10. ‘Pole and line tuna vessel’ means vessels equiped for catching tuna by pole and line. Article 4 Areas For the purposes of this Regulation, the following definitions of maritime waters shall apply: 1. Area 1 all waters of the Atlantic Ocean and adjacent seas included in the ICCAT Convention area as specified in Article 1 of that Convention; 2. Area 2 all waters of the Indian Ocean covered by the Agreement for the establishment of the IOTC as defined in Article 2 thereof; 3. Area 3 all waters of the Eastern Pacific Ocean as defined in Article 3 of the Agreement on the International Dolphin Conservation Programme; 4. Area 4 all waters of the Eastern and Central Pacific Ocean as defined in Article 3 of the WCPFC Convention. TITLE II TECHNICAL MEASURES APPLICABLE IN AREA 1 CHAPTER 1 Restrictions on the use of certain types of vessels and gears Article 5 Protection of bigeye tuna in certain tropical waters 1. Fishing by purse seiners and pole-and-line tuna vessels shall be prohibited during the period 1 to 30 November in the following area: — southern limit: latitude 0° S, — northern limit: latitude 5° N, — western limit: longitude 20° W, — eastern limit: longitude 10° W. 2. Member States shall send the Commission each year by 15 August at the latest a report on the implementation of this measure, including where applicable a list of breaches committed by Community fishing vessels flying their flag and being pursued by their competent authorities. Article 6 Bluefin tuna fishing in the Mediterranean 1. Fishing for bluefin tuna with purse seine in the Mediterranean Sea shall be prohibited from 16 July to 15 August. 2. Fishing for bluefin tuna in the Mediterranean using surface-set longlines from vessels greater than 24 metres in length shall be prohibited during the period from 1 June to 31 July. The length of the vessels shall be defined in accordance with Annex III. 3. The use of aeroplanes or helicopters in support of fishing operations for bluefin tuna in the Mediterranean Sea shall be prohibited during the period from 1 to 30 June. 4. The definition of the periods and areas referred to in this Article and the length of vessels given in Annex III may be amended by the Commission pursuant to ICCAT recommendations which are binding on the Community in accordance with the procedure referred to in Article 30. Article 7 Fishing for skipjack, bigeye and yellowfin tuna in certain Portuguese waters It shall be prohibited to retain on board any quantity of skipjack, bigeye or yellowfin tuna caught using purse seines in waters under the sovereignty or jurisdiction of Portugal in ICES subarea X north of 36°30′ N or in CECAF areas north of 31° N and east of 17°30′ W, or to fish for those species in the said areas with the said gears. CHAPTER 2 Minimum size Article 8 Sizes 1. A species shall be considered undersized if its dimensions are smaller than the minimum dimensions specified in Annex IV for the relevant species. 2. The dimensions set out in Annex IV may be modified pursuant to ICCAT recommendations which are binding on the Community and in accordance with the procedure referred to in Article 30. Article 9 Prohibitions 1. Undersized fish of the species listed in Annex IV which are captured in Area 1 shall not be retained on board or transshipped, landed, transported, stored, displayed or offered for sale, sold or marketed. These species shall be returned immediately to the sea. 2. The release for free circulation or marketing in the Community of undersized fish of the species listed in Annex IV originating in third countries and captured in Area 1 shall be prohibited. Article 10 Measurement of size 1. All species with the exception of istiophoridae shall be measured fork length, that is to say the vertical distance drawn from the tip of the upper jaw to the extremity of the shortest caudal ray. 2. The size of istiophoridae shall be measured from the tip of the lower jaw to the fork of the caudal fin. Article 11 Sampling procedure for bluefin tuna cages 1. Each Member State shall establish a sampling procedure for estimating the number by size of bluefin tuna captured. 2. Sampling by size in cages shall be carried out on a sample of 100 specimens per 100 tonnes of live fish or on a sample of 10 % of the total number of fish placed in a cage. The size sample shall be taken during harvesting at the farm, in accordance with the method adopted by the ICCAT for notifying data as part of Task II. 3. Additional methods and samplings shall be developed for fish reared for more than one year. 4. Sampling shall be carried out during a harvest taken at random and shall cover all cages. The data shall be notified to the ICCAT by 31 July for sampling carried out the previous calendar year. CHAPTER 3 Restrictions on the number of vessels Article 12 North Atlantic bigeye and albacore tuna 1. The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall determine the number and total capacity in gross tonnage (GT) of Community fishing vessels greater than 24 metres in length fishing in Area 1 for bigeye tuna as a target species. These shall be determined: (a) as the average number and the capacity in GT of Community fishing vessels fishing in Area 1 for bigeye tuna as a target species during the period 1991 to 1992; and (b) on the basis of the restriction on the number of Community vessels fishing for bigeye tuna in 2005 notified to ICCAT on 30 June 2005. 2. The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall determine the number of Community fishing vessels fishing for North Atlantic albacore tuna as a target species. The number of vessels shall be fixed as the average number of Community fishing vessels fishing for North Atlantic albacore tuna as a target species during the period 1993 to 1995. 3. The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall distribute among the Member States: (a) the number and capacity in GT determined in accordance with paragraph 1; (b) the number of vessels determined in accordance with paragraph 2. 4. Before 15 May each year each Member State shall send the Commission by the customary means of data transmission: (a) a list of vessels flying its flag and greater than 24 metres in length fishing for bigeye tuna; (b) a list of vessels flying its flag and participating in a fishery targeting albacore tuna in the North Atlantic. The Commission shall send this information to the ICCAT Secretariat before 31 May each year. 5. The lists referred to in paragraph 4 shall give the internal fishing fleet register number assigned to the vessel in accordance with Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (11) and the type of gear used. CHAPTER 4 Species not targeted and sport and recreational fishing Article 13 Marlins Member States shall encourage the use of monofilament streamer lines on swivels so that live blue marlins and white marlins may be easily released. Article 14 Sharks 1. Member States shall encourage the release of live sharks captured accidentally, in particular juveniles. 2. Member States shall encourage the reduction of discards of sharks by improving the selectivity of fishing gears. Article 15 Sea turtles Member States shall encourage the release of live sea turtles captured accidentally. Article 16 Sport and recreational fishing in the Mediterranean 1. Member States shall take the measures necessary to prohibit the use in the Mediterranean for sport and recreational fishing activities of towed nets, encircling nets, purse seines, dredges, gill nets, trammel nets and longlines to fish for tuna and related species. 2. Member States shall ensure that tuna and related species captured during sport and recreational fishing in the Mediterranean are not marketed. Article 17 Report Member States shall send the Commission not later than 15 August each year a report on the implementation of this Chapter. TITLE III TECHNICAL MEASURES APPLICABLE IN AREA 2 CHAPTER 1 Restrictions on the number of vessels Article 18 Number of authorised vessels 1. The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall determine the number of Community fishing vessels greater than 24 metres in length overall authorised to fish in Area 2. The number of vessels is set at the number of Community fishing vessels registered in the IOTC vessels register in 2003. The restriction on the number of vessels must correspond to the overall gross tonnage (GT). Where vessels are replaced the overall tonnage must not be exceeded. 2. The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall distribute among the Member States the number of vessels determined in accordance with paragraph 1 of this Article. CHAPTER 2 Species not targeted Article 19 Sharks 1. Member States shall do their utmost to encourage the release of live sharks caught accidentally, in particular juveniles. 2. Member States shall encourage the reduction of discards of sharks. Article 20 Sea turtles 1. Member States shall do their utmost to reduce the impact of fishing on sea turtles, in particular by applying the measures provided for in paragraphs 2, 3 and 4. 2. The use of all fishing gear shall be subject to the following conditions: (a) appropriate handling, including the recovery or prompt release of sea turtles caught accidentally (by hooks or nets) or as by-catch; (b) the presence on board of equipment necessary for the release of sea turtles caught accidentally or as by-catch. 3. The use of the purse seine shall be subject to the following conditions: (a) an obligation to avoid, where possible, encircling sea turtles; (b) the development and application of specifications for appropriate gear for minimising by-catches of sea turtles; (c) the adoption of all the measures necessary for releasing encircled or caught sea turtles; (d) the adoption of all the measures necessary for monitoring fish-aggregating devices in which sea turtles could be caught, to release those taken and recover devices that are not used. 4. The use of longlines shall be subject to the following conditions: (a) the development and putting in place of combinations of hook shapes, type of lures, depth and design of nets and fishing practices to minimise accidental catches or by-catches and mortality of sea turtles; (b) the presence on board of equipment necessary for releasing sea turtles caught accidentally or as by-catch. including tools for unhooking them or cutting the lines and landing nets. TITLE IV TECHNICAL MEASURES APPLICABLE IN AREA 3 Article 21 Transhipment 1. The use of ancillary vessels to support vessels fishing with the aid of fish-aggregating devices shall be prohibited. 2. Transhipments at sea by seiners shall be prohibited. Article 22 Restrictions on the number of vessels 1. The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall determine the number of Community seiners authorised to fish in Area 3. The number of vessels shall be set at the number of Community seiners registered in the IATTC register on 28 June 2002. 2. Member States shall forward to the Commission, before 10 December each year, a list of the vessels flying their flag and intending to fish for tuna in Area 3. Vessels which are not included in that list shall be regarded as inactive and shall not be authorised to fish during the current year. 3. The lists shall mention the internal fishing fleet register number assigned to the vessel in accordance with Annex I to Regulation (EC) No 26/2004 and the type of gear used. Article 23 Protection of dolphins Only Community fishing vessels operating under the conditions laid down in the Agreement on the International Dolphin Conservation Programme which have been allocated a Dolphin Mortality Limit (DML) shall be authorised to encircle schools or groups of dolphins with purse seines when fishing for yellowfin tuna in Area 3. Article 24 Requests for DMLs Member States shall send the Commission before 15 September each year: (a) a list of vessels flying their flag with a load capacity greater than 363 metric tonnes (400 net tonnes) which have applied for a DML for the whole of the following year; (b) a list of vessels flying their flag with a load capacity greater than 363 metric tonnes (400 net tonnes) which have applied for a DML for the first or second half of the following year; (c) for each vessel requesting a DML, a certificate stating that the vessel has all the proper gears and equipment to protect dolphins and that its captain has completed an approved training course on rescuing and releasing dolphins; (d) a list of vessels flying their flag which are likely to operate in the area in the course of the following year. Article 25 Allocation of DMLs 1. Member States shall ensure that applications for DMLs comply with the conditions laid down in the Agreement on the International Dolphin Conservation Programme and the conservation measures adopted by the IATTC. 2. The Commission shall examine the lists and ensure that they comply with the provisions of the Agreement on the International Dolphin Conservation Program and the conservation measures adopted by the IATTC and shall send them to the Director of the IATTC. Where this examination reveals that the application does not meet the conditions referred to in this paragraph, the Commission shall immediately inform the Member State concerned that it cannot send all or part of an application to the Director of the IATTC, stating its reasons. 3. The Commission shall communicate to each Member State the overall DML to be distributed among the vessels flying their flag. 4. Each Member State shall send the Commission the breakdown of the DMLs among the vessels flying the flag of that Member State by 15 January each year. 5. The Commission shall send the Director of the IATTC the list and breakdown of the DMLs between Community fishing vessels by 1 February each year. Article 26 Protection of other species not targeted 1. Purse seine vessels shall promptly release unharmed, to the extent practicable, all sea turtles, sharks, skipjack tuna, billfishes, rays, dorado, and other non-target species. 2. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of any such animals. Article 27 Sea turtles 1. Whenever a sea turtle is sighted in the net, all reasonable efforts shall be made to rescue the turtle before it becomes entangled in the net, including, if necessary, the deployment of a speedboat. 2. If a sea turtle is entangled in the net, net roll shall stop as soon as the turtle comes out of the water and shall not start again until the turtle has been disentangled and released. 3. If a sea turtle is brought on board a vessel, all appropriate methods to assist in the recovery of the turtle shall be made before returning it to the water. 4. Tuna-fishing vessels shall be prohibited from disposing of salt bags or any other type of plastic rubbish at sea. 5. Where possible sea turtles caught in fish-aggregating devices and other fishing gear shall be released. 6. Fish-aggregating devices which are not used for fishing shall be recovered. TITLE V TECHNICAL MEASURES APPLICABLE IN AREA 4 Article 28 Waste reduction Member States shall take measures to reduce to the minimum waste, discards, catches taken by lost or abandoned gear, pollution from fishing vessels, catches of fish and animals of species not targeted and repercussions for related or dependent species, in particular species threatened with extinction. TITLE VI GENERAL PROVISIONS Article 29 Marine mammals 1. The encircling with purse seines of any school or group of marine mammals shall be prohibited. 2. Paragraph 1 shall apply to all Community fishing vessels with the exception of the vessels referred to in Article 23. TITLE VII FINAL PROVISIONS Article 30 Comitology The measures to be taken under Articles 6(4) and 8(2) shall be adopted in accordance with the procedure laid down in Article 30(3) of Regulation (EC) No 2371/2002. Article 31 Repeal Regulation (EC) No 973/2001 is hereby repealed. Article 32 Entry into force This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 May 2007. For the Council The President H. SEEHOFER (1) OJ L 179, 23.6.1998, p. 1. (2) OJ L 162, 18.6.1986, p. 33. (3) OJ L 236, 5.10.1995, p. 24. (4) OJ L 348, 30.12.2005, p. 26. (5) OJ L 15, 19.1.2005, p. 9. (6) OJ L 32, 4.2.2005, p. 1. (7) OJ L 137, 19.5.2001, p. 1. Regulation as last amended by Regulation (EC) No 831/2004 (OJ L 127, 29.4.2004, p. 33). (8) OJ L 358, 31.12.2002, p. 59. (9) OJ L 184, 17.7.1999, p. 23. Decision as last amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). (10) OJ L 348, 30.12.2005, p. 28. (11) OJ L 5, 9.1.2004, p. 25. Regulation as amended by Regulation (EC) No 1799/2006 (OJ L 341, 7.12.2006, p. 26). ANNEX I List of highly migratory species — Albacore: Thunnus alalunga — Bluefin tuna: Thunnus thynnus — Bigeye tuna: Thunnus obesus — Skipjack tuna: Katsuwonus pelamis — Atlantic bonito: Sarda sarda — Yellowfin tuna: Thunnus albacares — Blackfin tuna: Thunnus atlanticus — Little tuna: Euthynnus spp. — Southern bluefin tuna: Thunnus maccoyii — Frigate tuna: Auxis spp. — Oceanic sea breams: Bramidae — Marlins: Tetrapturus spp.; Makaira spp. — Sailfish: Istiophorus spp. — Swordfish: Xiphias gladius — Sauries: Scomberesox spp.; Cololabis spp. — Dolphinfish; common dolphinfish: Coryphaena hippurus; Coryphaena equiselis — Sharks: Hexanchus griseus; Cetorhinus maximus; Alopiidae Rhincodon typus; Carcharhinide; Sphyrnidae; Isuridae; Lamnidae — Cetaceans (whales and porpoises): Physeteridae; Balenidae; Eschrichtiidae; Monodontidae; Ziphiidae; Delphinidae ANNEX II ICCAT list of tunas and related species — Bluefin tuna: Thunnus thynnus — Southern bluefin tuna: Thunnus maccoyii — Yellowfin tuna: Thunnus albacares — Albacore tuna: Thunnus alalunga — Bigeye tuna: Thunnus obesus — Blackfin tuna: Thunnus atlanticus — Little tuna: Euthynnus alletteratus — Skipjack: Katsuwonus pelamis — Atlantic bonito: Sarda sarda — Frigate tuna: Auxis thazard — Frigate tuna: Auxis rochei — Palomette: Orcynopsis unicolor — Wahoo: Acanthocybium solandri — Chub mackerel: Scomberomorus maculatus — King mackerel: Scomberomourus cavalla — West African Spanish mackerel: Scomberomorus tritor — Serra Spanish mackerel: Scomberomorus brasilliensis — Cero: Scomberomorus regalis — Sailfish: Istiophorus albicans — Black marlin: Makaira indica — Blue marlin: Makaira nigricans — White marlin: Tetrapturus albidus — Swordfish: Xiphias gladius — Long-bill spearfish: Tetrapturus pfluegeri ANNEX III Length of vessels (Article 6(2)) ICCAT definition of the length of vessels: — for any fishing vessel built after 18 July 1982, 96 % of the total length on a waterline at 85 % of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if this be greater. In ships designed with a rake of keel, the waterline on which this length is measured shall be parallel to the designed waterline, — for any fishing vessel built before 18 July 1982, registered length as entered in the national registers or other record of vessels. ANNEX IV MINIMUM SIZES (Article 8(1)) Species Minimum size Bluefin tuna (Thunnus thynnus) (1) 6,4 kg or 70 cm Bluefin tuna (Thunnus thynnus) (2) 10 kg or 80 cm Swordfish (Xiphias gladius) (3) 25 kg or 125 cm (lower mandible) (1) this minimum size is applicable only in the Eastern Atlantic Ocean (2) this minimum size is applicable only in the Mediterranean Sea (3) this minimum size is applicable only in the Atlantic Ocean

Summary: Conserving stocks of highly migratory species Conserving stocks of highly migratory species SUMMARY OF: Regulation (EC) No 520/2007 laying down technical measures for the conservation of certain stocks of highly migratory species WHAT IS THE AIM OF THE REGULATION? It aims to protects and conserve certain stocks of highly migratory maritime species (and by-catches) by setting out technical measures to regulate their capture and landing. KEY POINTS Highly migratory species are defined as: Tuna: AlbacoreBluefin tunaBigeye tunaSkipjack tunaAtlantic bonitoYellowfin tunaBlackfin tunaLittle tunaSouthern bluefin tunaFrigate tuna Oceanic sea breams Marlins Sailfish Swordfish Sauries Dolphinfish, common dolphinfish Sharks Cetaceans (whales and porpoises). Atlantic Ocean Undersized fish Tropical tuna and swordfish smaller than International Commission for the Conservation of Atlantic Tunas (ICCAT) recommendations must be returned immediately to the sea. Releasing for sale or marketing undersized fish of these species originating in non-EU countries and caught in the Atlantic is banned. Fishing vessel and equipment restrictions Fishing of bigeye tuna by purse seiners and pole-and-line tuna vessels is prohibited during November in certain tropical waters, defined by: southern limit: latitude 0° S; northern limit: latitude 5° N; western limit: longitude 20° W; eastern limit: longitude 10° W. It is also prohibited to fish for, or keep on board, any quantity of skipjack, bigeye or yellowfin tuna caught using purse seines* in certain defined Portuguese waters. Number of fishing vessels The Council decides the number allowed and total capacity in gross tonnage (GT) of EU fishing vessels longer than 24 metres targeting bigeye tuna in the Atlantic Ocean and adjacent seas (as defined in Article 1 of the ICCAT Convention), are based on the average numbers during the period 1991 to 1992, and on the restriction on the number of EU vessels fishing for bigeye tuna in 2005 notified to ICCAT on 30 June 2005. The Council also decides the number of vessels targeting North Atlantic albacore tuna, based on an average for the period 1993 to 1995. Before 15 May each year, each EU Member State informs the European Commission of the number (and tonnage where appropriate) of vessels as above to be passed on to ICCAT. Non-targeted species Member States must encourage the release of live sea turtles and live sharks (particularly juveniles) captured accidentally, as well as reduce discards of sharks by improving the selectivity of fishing gears. Member States must ban the use of towed nets, encircling nets, purse seines, dredges, gill nets, trammel nets and longlines to fish for tuna and related species in the Mediterranean for sport and recreation, and ensure that fish caught in this way are not marketed. A yearly report must be produced on the implementation of these measures. Indian Ocean Number of fishing vessels The Council decides the number of EU fishing vessels longer than 24 metres authorised to fish in the Indian Ocean, based on 2003 numbers. Non-targeted species Member States must encourage the release of live sharks (particularly juveniles) captured accidentally, as well as reduce discards of sharks. Member States must do their utmost to reduce the impact of fishing on the sea turtle population, including: restrictions on purse seine use, in particular, to avoid circling sea turtles; prompt release, using specialist equipment, of any sea turtles caught accidentally; development of appropriate gear to minimise by-catches of sea turtles; monitoring fish-aggregating devices* in which sea turtles could be caught; conditions on using longlines to limit by-catches and mortality of sea turtles. Western and Central Pacific Ocean Waste Member States must minimise waste, discards, catches taken by lost or abandoned gear, pollution from fishing vessels, catches of non-targeted species of fish and animals, and any effects on related or dependent species, in particular species threatened with extinction. Marine mammals Encircling with purse seines any school or group of marine mammals is banned. FROM WHEN DOES THE REGULATION APPLY? It has applied since 1 June 2007. BACKGROUND The EU is a contracting party to the United Nations Convention on the Law of the Sea (see summary). Highly migratory species (Food and Agriculture Organization of the United Nations) Regional fisheries management organisations (European Commission). KEY TERMS Purse seine: any encircling net the bottom of which is drawn together by means of a purse line at the bottom of the net, which passes through a series of rings along the ground rope, enabling the net to be pursed and closed. Fish-aggregating device (FAD): anchored, drifting, floating or submerged objects deployed or tracked by vessels, including through the use of radio or satellite buoys, for the purpose of aggregating target tuna species for purse seine fishing operations. MAIN DOCUMENT Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001 (OJ L 123, 12.5.2007, pp. 3-13) Successive amendments to Regulation (EC) No 520/2007 have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Council Decision 2005/75/EC of 26 April 2004 on the accession of the Community to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (OJ L 32, 4.2.2005, pp. 1-2) Council Decision 95/399/EC of 18 September 1995 on the accession of the Community to the Agreement for the establishment of the Indian Ocean Tuna Commission (OJ L 236, 5.10.1995, p. 24) Agreement for the establishment of the Indian Ocean Tuna Commission (OJ L 236, 5.10.1995, pp. 25-33) International Convention for the Conservation of Atlantic Tunas (OJ L 162, 18.6.1986, pp. 34-38) Protocol to amend the International Convention for the Conservation of Atlantic Tunas (OJ L 313, 4.12.2019, pp. 3-13) Council Decision 86/238/EEC of 9 June 1986 on the accession of the Community to the International Convention for the Conservation of Atlantic Tunas, as amended by the Protocol annexed to the Final Act of the Conference of Plenipotentiaries of the States Parties to the Convention signed in Paris on 10 July 1984 (OJ L 162, 18.6.1986, p. 33) last update 29.04.2021