COMMISSION REGULATION (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources (1),
Having regard to Council Regulation (EEC) No 2057/82 of 29 July 1982 establishing certain control measures for fishing activities by vessels of the Member States (2), and in particular Article 13 thereof,
Whereas Article 3 of Council Regulation (EEC) No 2057/82 provides that the masters of fishing vessels flying the flag of, or registered in, a Member State shall keep a log-book of their fishing operations;
Whereas standardized log-books will ensure Community-wide compliance with the conservation measures adopted and should make for more effective monitoring of current rules and facilitate the scientific analysis of estimates of fish stocks and their exploitation;
Whereas, to guarantee compliance with the quotas allocated to each Member State, a landing or transhipment declaration should be completed by the master stating the quantities actually landed or transhipped;
Whereas this information should be transmitted systematically, by suitable means, in cases where the landing or transhipment is made more than 15 days after the catch;
Whereas the Management Committee for Fishery Resources has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. The log-book required under Article 3 of Regulation (EEC) No 2057/82 shall be filled in by the master in accordance with the model shown in Annex I or Annex II, depending on the fishing zone, for all fishing operations relating to species subject to TACs in the respective ICES/NAFO zones as referred to in paragraph 1 of the said Article 3. The form of log-book shown in Annex I shall be used for all fishing zones except those comprised in NAFO 1 and ICES V a) and XIV, for which the log-book shown in Annex II shall be used. These log-books shall be completed in accordance with the instructions set out in Annexes IV and V respectively.
2. The log-book shown in Annex I or Annex II shall also be kept in the manner prescribed in paragraph 1 when such vessels are operating in the waters of a non-member country, unless the non-member country in question specifically requires a different kind of log-book.
3. The codes given in Annexes VI and VII shall be used for indicating, under the appropriate headings of the log-book, the fishing gear used and the species caught. (1) OJ No L 24, 27.1.1983, p. 1. (2) OJ No L 220, 29.7.1982, p. 1.
Article 2
1. The landing declaration provided for by Article 6 of Regulation (EEC) No 2057/82 shall be completed as shown in Annex I or Annex III.
However, if the landing takes place in a port of the Member State whose flag the vessel is flying or in which it is registered, another form specified by that Member State may be used provided that it contains at least the information set out in Annex III.
2. The transhipment declaration provided for by Article 7 of Regulation (EEC) No 2057/82 shall be completed as shown in Annex I, except for the waters in NAFO 1 and ICES V a) and XIV. In these waters the landing or transhipment declaration as shown in Annex III shall be used.
3. The declarations shall be made in accordance with the instructions set out in Annexes IV and V, as appropriate.
Article 3
The information communicated by the master pursuant to Article 8 of Regulation (EEC) No 2057/82 to the authorities of the State whose flag his vessel is flying or in which it is registered, where any landing or transhipment takes place more than 15 days after the catch, shall include: - the quantities in kilograms of each species caught, transhipped or landed since the last communication,
- the ICES/NAFO zone where the catches were made ; catches made in the waters of a non-member country or outside the sovereignty or jurisdiction of any State shall be indicated separately.
The information shall be communicated every 15 days from the day on which the first catch was taken, in accordance with the provisions of Annex VIII.
Article 4
The log-book and the landing or transhipment declaration may be checked by a fisheries enforcement officer of the competent Member State, in accordance with Article 1 (1) of Regulation (EEC) No 2057/82, to ensure compliance with all relevant conservation and control provisions, including those contained in this Regulation.
Article 5
1. Where the instructions set out in Annex IV state that the application of a rule is optional, the Member State whose flag a vessel is flying or in which it is registered is entitled to require that its master abide by the rule in question.
2. The permitted margin of tolerance in estimates of the quantities, in kilograms, of fish subject to a TAC that are retained on board shall be 20 %.
Where such fish are held in boxes, baskets or other containers, the precise number of boxes, baskets or other containers used shall be recorded.
Article 6
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply as from 90 days following the issue of the log-books to the Member States.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 September 1983.