EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR MARITIME AFFAIRS AND FISHERIES INTERNATIONAL AFFAIRS AND MARKETS INTERNATIONAL AFFAIRS, LAW OF THE SEA AND REGIONAL FISHERIES ORGANISATIONS

Brussels, 23/3/2011

MARE/B-11AK/mth ARES (20 11) 320717

Ms Mercedes Alonso Frayle Subdirectora General de Acuerdos y Organizaciones Regionales de Pesca Secretaria General Del Mar E-28006 -MADRID

Subject:

Sighting of vessels Xiong Nu Baru 33 and Sima Qian Baru 22 inside the CCAMLR Convention Area.

Dear Madam, CCAMLR circular 11/29 of 9 March 2011 (attached) informed of a sighting of two vessels flagged to the Democratic People's Republic of Korea (DPRK) - Xiong Nu Baru 33 and Sima Qian Bant 22- inside the CCAMLR Convention Area on 13 February 2011 by the Royal New Zealand Air Force P3K Orion aircraft. The examination of the imagery taken during the patrol and previous sightings reported to CCAMLR revealed that Xiong Nu Baru 33 appears to be former vessel Draco-] which is placed on the CCAMLR IUU-list while Sima Qian Baru 22 appears to be former Corvus, which is also a CCAMLR IUU-listed vessel. As you are aware, vessel Draco-] was previously named Chilbo San 33 and there are clear links between this vessel and Spanish nationals in relation to the issue of exports into the EU of catches from vessel Galaecia in November 2007, as the Commission has informed you previously on numerous occasions (most recently through the letter D/04682 of24 April2010). In this respect, the Commission would like to reiterate a request for a clarification as to

what steps the Spanish authorities have undertaken in this case. With regards to vessel Corvus, the Commission would also like to reiterate the request addressed to the Spanish administration in letters D/1548 of 8 February 2010 and D/04682 of 24 April 2010 to investigate the alleged ownership of this vessel by the Spanish company Vidal Armadores. As you would appreciate, the involvement of EU nationals in IUU activities is of high concern to the EU and the international community. I would therefore urge you to investigate the abovementioned cases as a matter of high priority on the basis of the EC Regulation 1099/2007 Art 1 (17), and in particular to verify if any natural or legal persons subject to the Spanish jurisdiction are engaged in the IUU activities conducted by these vessels and consequently take appropriate action in response to any such activities. Commission europeenne, B-1 049 Bruxelles I European Commission, B-1 049 Brussels -Belgium. Telephone: (32-2) 299 11 11. Office: J-99 3/50. Telephone: direct line (32-2) 29 74070. Fax: (32-2) 29 55700. E-mail: [email protected]

Furthermore, I would like to draw your attention to the relevant provisions of the EC Regulation 1005/2008 (IUU Regulation), namely Chapter VIII thereof, relating to involvement of nationals in IUU fishing. As you are aware, this Regulation entered into force on 1 January 2010. I would like to thank you in advance for any information you will provide to the Commission on your investigation and following outcomes concerning these cases.

"signed" Roberto CESARI Head of EU Delegation toCCAMLR

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