15.4.2003 Official Journal of the European Union L971 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 669/2003 of 8 April 2003 amending Regulation (EC) No 1035/2001 establishing a catch documentation scheme for Dissosti- chus spp. THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, 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) Council Regulation (EC) No 1035/2001 of 22 May establishing a catch documentation scheme for Dissosti- chus spp.(®) implements the catch documentation scheme adopted by the Commission for the Conserva- tion of Antarctic Marine Living Resources, hereinafter referred to as ‘CCAMLR’, at its 18th annual meeting in November 1999. (2) At its 20th annual meeting in November 2001 and its 21st annual meeting in November 2002, CCAMLR adopted a number of amendments to the scheme in order to, inter alia, combat misreporting and improve export control and introduced a procedure to deal with the sale or disposal of seized and confiscated catches. (3)  Regulation (EC) No 1035/2001 therefore should be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1035/2001 is hereby amended as follows: 1. Article 2 shall be replaced by the following: ‘Article 2 Scope 1. This Regulation shall apply to all Dissostichus spp. falling within TARIC codes 0302 69 88 00, 0303798810, 0303798890, 0304208810 and 0304 20 88 00: (a) landed or transhipped by Community fishing vessels; or () O] C 291 E, 26.11.2002, p. 217. (*) Opinion delivered on 12 February 2003 (not yet published in the Official Journal). () O] L 145, 31.5.2001, p. 1. (b) imported into, or exported or re-exported from the Community. 2. This Regulation shall not apply to by-catches of Dissostichus spp. taken by trawlers fishing on the high seas outside the CCAMLR area. For the purpose of this paragraph, a by-catch of Dissosti- chus spp. means a quantity of Dissostichus spp. representing no more than 5 % of the total catch of all species and no more than 50 tonnes for an entire fishing trip by a vessel. 3. The second subparagraph of paragraph 2 may be amended to apply CCAMLR conservation measures which become obligatory for the Community, in accordance with the procedure laid down in Article 25(3).; . Article 9(1) shall be replaced by the following: ‘1. After having verified, by the use of data reports obtained through an automated tamper-proof satellite linked vessel monitoring system (VMS), that the area fished and the catch to be landed or transhipped as reported by its vessel is accurately recorded and consistent with its authorisation to fish, the Flag Member State shall convey a confirmation number to the master by the most rapid elec- tronic means. The master shall enter the confirmation number on the catch document’; . Article 13 shall be replaced by the following: ‘Article 13 1. Member States shall take the measures necessary to identify the origin of all Dissostichus spp. imported into or exported from their territory and to determine whether the Dissostichus spp. harvested in the CCAMLR area was caught in a manner consistent with the CCAMLR conservation measures. 2. If a Member State has reasons to believe that landings or imports of Dissostichus spp. declared as having been caught on the high seas outside the CCAMLR area consist in actual fact of Dissostichus spp. caught in the CCAMLR area, the Member State shall request the Flag State to carry out an additional verification of the catch document by the use of, inter alia, data reports provided through an auto- mated satellite-linked VMS.