# CE2004084EN.01090001.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/900 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/900

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(2004/C 84 E/0994)

WRITTEN QUESTION E-0880/04

by Paulo Casaca (PSE) to the Commission

(22 March 2004)

Subject:   Regulation (EC) No 1954/2003, Article 5

Subject:

There is an ambiguity in the text of Article 5 of Regulation (EC) No 1954/2003 (1):

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| — | does this article come into effect immediately or does the Commission first have to adopt the implementing rules; |
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does this article come into effect immediately or does the Commission first have to adopt the implementing rules;

| — | if the Member States can restrict ‘fishing to vessels registered in the ports of those islands’, how are the Member States going to confirm that they wish to do so; |
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if the Member States can restrict ‘fishing to vessels registered in the ports of those islands’, how are the Member States going to confirm that they wish to do so;

| — | what is the definition, and who does the defining, of traditional fishing carried out by non-Azores vessels allowed within the 1 000 mile limit; |
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what is the definition, and who does the defining, of traditional fishing carried out by non-Azores vessels allowed within the 1 000 mile limit;

| — | how, and in what direction, are these existing restrictions to be reviewed in the next three years? |
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how, and in what direction, are these existing restrictions to be reviewed in the next three years?

Answer given by Mr Fischler on behalf of the Commission

(21 April 2004)

(21 April 2004)

The Commission's position on the questions raised by the Honourable Member is as follows:

| — | In accordance with Article 16 thereof, Regulation (EC) No 1954/2003 (2) entered into force on the seventh day following its publication in the Official Journal of the European Union, i.e. on 14 November 2003. |
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In accordance with Article 16 thereof, Regulation (EC) No 1954/2003 (2) entered into force on the seventh day following its publication in the Official Journal of the European Union, i.e. on 14 November 2003.

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It follows that Article 5 entered into force on that date, since there is no stipulation to the contrary regarding that provision in the body of the Regulation.

| — | As follows from the previous point, that Article's entry into force was determined by the provision referred to (Article 16), independently of any adoption of implementing rules. |
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As follows from the previous point, that Article's entry into force was determined by the provision referred to (Article 16), independently of any adoption of implementing rules.

| — | The restriction of fishing activity in the area defined in that provision is to be effected in accordance with the legislation of each Member State concerned. Within the framework of cooperation between the Commission and the Member States, the latter are to provide the Commission with all the information permitting identification of the conditions for that Article's proper implementation. |
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The restriction of fishing activity in the area defined in that provision is to be effected in accordance with the legislation of each Member State concerned. Within the framework of cooperation between the Commission and the Member States, the latter are to provide the Commission with all the information permitting identification of the conditions for that Article's proper implementation.

| — | The identification of Community vessels that traditionally fish in those waters will be made, if necessary, by means of the implementing rules for that provision, following consultation of the interested parties. |
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The identification of Community vessels that traditionally fish in those waters will be made, if necessary, by means of the implementing rules for that provision, following consultation of the interested parties.

| — | It is not possible at this stage to foresee the requirements for reviewing the current system of restriction. In any case, an evaluation of the framework created by that Article and of its impact will be carried out as part of the report provided for in paragraph 2 of that provision. |
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It is not possible at this stage to foresee the requirements for reviewing the current system of restriction. In any case, an evaluation of the framework created by that Article and of its impact will be carried out as part of the report provided for in paragraph 2 of that provision.

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(1)  OJ L 289, 7.11.2003, p. 1.

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(2)  Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95.

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