RESTRICTEDWORLD TRADE
ORGANIZATIONG/RO/W/81
8 April 2002
(02-1806)
Committee on Rules of Origin Original:  English
CHAPTERS 1-24 (AGRICULTURAL PRODUCTS AND FISH)
Submission by Japan
The following communication, dated 3 March 2002, has been received from the Permanent
Mission of Japan.
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Compromise solution on Issue No.12
(Obtaining fish fillets)
Proposal
CTH, except for species subject to conservation measures applied by regional fisheries
management organizations.
Explanation
1. Regarding tuna and tuna-like species of fish, certain frameworks for regional cooperation on
the conservation and management of these living resources are provided under regional organizations
such as the International Commission for the Conservation of Atlantic Tunas （ICCAT）and the
Indian Ocean Tuna Commission （IOTC.
2. Given that these species are of a highly migratory nature, such regional cooperation is
essential in order to conserve their stocks.  Therefore, joint efforts by the signatories to these
Commissions, which include both fishing and importing countries, must be made in order to ensuresustainable use of these resources.  Indeed, under these regional frameworks, essential joint measures
are taken to prevent overfishing, which involve import bans on these species of fish and their
products, all obtained in a manner which does not comply with the resource management scheme
established by these frameworks.  For example, the ICCAT has made a series of decisions to date
which are binding on its signatories, prohibiting the imports of tuna and swordfish, as well as theirproducts originating in certain countries, particular ly if such countries are believed to provide the
room for the so-called flag of convenience vessels to operate, thus encouraging overexploitation.  (An
example of the ICCAT decision is attached to this paper).
3. Under such circumstances, Japan is deeply c oncerned that the joint efforts currently being
made by the international community to conserve th ese fisheries resources would be undermined if it
is decided that the filleting of tuna and tuna-like species can confer their origin.  If such is the case,
then circumvention on import bans （in other words "tuna laundering" ）could easily take place.  We
ought to be aware that, although the purpose of th e harmonization work on rules of origin might, in
theory, not encompass resource management in itself, it is the customs authorities of the signatoriesthat actually carry out the necessary import controls.  In that sense, the implementation of harmonizedG/RO/W/81
Page 2
rules of origin cannot quite be differentiated from the implementation of the obligations under the
resource conservation organizations.
4. On such a basis, Japan believes that it is not appropriate to authorize an origin rule which can
hamper the effective implementation of joint measures for the conservation of these species, and thusrequests that a certain arrangement be made in the harmonization work carried out in the Committee
in order to accommodate  such concerns.
Attachment:
"Recommendation by ICCAT Regarding Equatorial  Guinea Pursuant to the 1996 "Recommendation
Regarding Compliance in the Bluefin Tuna and North Atlantic Swordfish Fisheries" (entered into
force:  June 15, 2000)".G/RO/W/81
Page 3
ATTACHMENT
INTERNATIONAL COMMISSION FOR THE CONSERVATION
OF ATLANTIC TUNAS
COMMISSION INTERNATIONALE POUR LA CONSERVATION DES THONIDES DE
L'ATLANTIQUE
COMISION INTERNACIONAL PARA LA CONSERVACION DEL ATUN ATLANTICO
Corazon de Maria, 8 – 6 Tel: (34 91) 416 5600
28002 MADRID Fax: (34 91) 415 2612
Spain - Espagne - España E-mail: info@iccat.esInternet: http://www.iccat.es/
COM-SCRS/01/10
COMPENDIUM OF MANAGEMENT RECOMMENDATIONS &
RESOLUTIONS ADOPTED BY ICCAT FOR THE
CONSERVATION OF ATLANTIC TUNAS AND TUNA-LIKE
SPECIES
S P E C I E S:
-- YELLOWFIN TUNA (Thunnus albacares)
-- BIGEYE TUNA (Thunnus obesus)
-- SWORDFISH (Xiphias gladius)
-- ALBACORE (Thunnus alalunga)
-- BLUEFIN TUNA (Thunnus thynnus)
-- BILLFISHES: –
Blue marlin (Makaira nigricans)
White marlin (Tetrapturus albidus)
Sailfish (Istiophorus albicans)
Spearfish (Tetrapturus pfluegeri and T. belone)
C O M P L I A N C E
BLUEFIN TUNA STATISTICAL DOCUMENT PROGRAM
BIGEYE TUNA & SWORDFISH STATISTICAL DOCUMENT
PROGRAMS
VARIOUS
October, 2001G/RO/W/81
Page 4
99-10 COMPLY
– RECOMMENDATION –
EQUATORIAL GUINEA: PURSUANT TO 1996 COMPLIANCE
RECOMMENDATION - BFT AND N. SWO FISHERIES
TITLE: Recommendation by ICCAT Regarding Equatorial Guinea Pursuant to the
1996 “Recommendation Regarding Compliance in the Bluefin Tuna and
North Atlantic Swordfish Fisheries
(Entered into force: June 15, 2000 )
RECOGNIZING the authority and responsibility of ICCAT to manage populations of tuna and tuna-
like species in the Atlantic Ocean, and its adjacent seas, at the international level;
EXPRESSING CONCERN with regard to the over-fished status of bluefin tuna in the Atlantic Ocean;
NOTING the obligation of all Contracting Parties to comply with ICCAT conservation and
management measures;
RECOGNIZING that effective management of bluefin tuna stocks cannot be achieved unless all
Contracting Parties comply with ICCAT conservation and management measures;
RECALLING the actions of the Commission over many years in calling upon Equatorial Guinea to
comply with ICCAT conservation and manageme nt measures for Atlantic bluefin tuna;
RECALLING the Commission’s Resolution for an Action Plan to Ensure the Effectiveness of the
Conservation Program for Atlantic Bluefin Tun a, adopted in 1994 to ensure effective conservation of
Atlantic bluefin tuna;
RECALLING FURTHER the 1996 Recommendation Regarding Compliance in the Bluefin Tuna and
North Atlantic Swordfish Fisherie s, which provides for the possibility of imposing import restrictions,
consistent with each Contracting Party’s international obligations;
CONSIDERING the import data and other compelling information submitted by ICCAT Contracting
Parties for 1997, 1998, and 1999, which reveal significant exports of Atlantic bluefin tuna by
Equatorial Guinea, despite the fact that, for those years, Equatorial Guinea has had a catch limit of
zero for both east and west Atlantic bluefin tuna stocks;
MINDFUL of the repeated efforts of the Commission to express its concerns to, and seek the
cooperation of, Equatorial Guinea over the past several years;
NOTING with concern the fact that Equatorial Guinea has not responded to the expressions of concern
from the Commission and has reported no bluefin tuna catch data;  and
FURTHER NOTING that this Recommendation does not prejudice the rights and obligations of
Contracting Parties based on other international agreements;  Therefore,
THE INTERNATIONAL COMMISSION FOR THE CONSERVATION
OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT:
a Contracting Parties take appropriate measures, consistent with provisions of the 1996
Recommendation Regarding Compliance in the Bluefin Tuna and North Atlantic Swordfish Fisheries
to the effect that the import of Atlantic bluefin tuna and its products in any form from Equatorial
Guinea be prohibited, effective from the time this Recommendation enters into force.G/RO/W/81
Page 5
b The Commission again call upon Equatorial Guinea, as a Contracting Party to ICCAT, to comply
with all the ICCAT conservation and management measures.
c Contracting Parties lift the import prohibitions on Equatorial Guinea, upon the decision of the
Commission that fishing practices of Equatorial  Guinea have been brought into compliance with
ICCAT conservation and management measures.
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