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1. To implement the fishing closure for purse seine vessels, each Member State shall:

(a) inform the Commission by 15 June each year of which of the two closure periods from 29 July to 8 October, or from 9 November to 19 January, shall be applicable to their vessels. The Commission shall notify the IATTC Secretariat of the applicable period of closure by 15 July each year;

(b) inform all interested parties in its tuna industry of the closure;

(c) inform the Commission by 15 June each year that these steps have been taken;

(d) ensure that for the entire duration of the closure all purse seine vessels that fly its flag do not fish in the Convention area.

3. Where the Commission notifies the Member State of the approval by the IATTC of the request referred to in paragraph 2:

(a) in the event that the vessel has not observed a closure period in the same year where the cause of the force majeure occurred, the vessel shall observe a reduced closure period of 40 consecutive days in one of the two closure periods of that year instead of the full closure set out in point (a) of paragraph 1 and the Commission shall immediately notify the IATTC Secretariat of the chosen period of closure; or (b) in the event that the vessel has already observed a closure period in the same year during which the cause of the force majeure occurred, it shall observe a reduced closure period of 40 consecutive days the following year in one of the two closure periods for that year, to be notified to the Commission no later than 15 July of that year.

4. Any vessel that benefits from the exemption provided for in paragraph 3 shall carry an authorised observer on-board.

5. In addition to the closure referred to in paragraph 1, the fishery for tropical tunas within the area of 96° and 110°W and between 4°N and 3°S shall be closed from 9 October to 8 November of each year.

2. Where a Union fishing vessel is unable to proceed to sea outside the applicable closure period referred to in point (a) of paragraph 1, due to a force majeure event consisting of disabling the fishing vessel in the course of fishing operations by mechanical or structural failure, fire or explosion, during a period of at least 75 consecutive days, the Member State may send to the Commission an exemption request for the closure period, together with the evidence necessary to demonstrate that the vessel did not proceed to sea due to force majeure. The request shall be sent to the Commission at the latest two weeks after the cessation of the cause of the force majeure. The Commission shall assess and, where applicable, forward the request to the IATTC Secretariat for consideration by the IATTC at the latest one month after the cessation of the cause of the force majeure.