1993R2847 — EN — 01.07.1999 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC)No 2847/93
of 12 October 1993
establishing a control system applicable to the common fisheries policy
(OJ L 261, 20.10.1993, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 2870/95 of 8 December 1995 L 301 1 14.12.1995
►M2Council Decision of 5 December 1995 (95/528/EC) L 301 35 14.12.1995
►M3Council Regulation (EC) No 2489/96 of 20 December 1996 L 338 12 28.12.1996
►M4Council Regulation (EC) No 686/97 of 14 April 1997 L 102 1 19.4.1997
►M5Council Regulation (EC) No 2205/97 of 30 October 1997 L 304 1 7.11.1997
►M6Council Regulation (EC) No 2635/97 of 18 December 1997 L 356 14 31.12.1997
►M7Council Regulation (EC) No 2846/98 of 17 December 1998 L 358 5 31.12.1998
Corrected by:
►C1Corrigendum, OJ L 302, 15.12.1995, p. 45 (95/528/EC)
►C2Corrigendum, OJ L 105, 22.4.1999, p. 32 (2846/98)
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COUNCIL REGULATION (EEC)No 2847/93
of 12 October 1993
establishing a control system applicable to the common fisheries
policy
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 43 thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas, pursuant to Article 12 of Council Regulation (EEC) No 3760/
92 of 20 December 1992 establishing a Community system for fisheriesand aquaculture(
4), the Council is to introduce a Community control
system;
Whereas the success of the common fisheries policy involves
implementing an effective system of control covering all aspects of
the policy;
Whereas, to achieve this aim, it is necessary to include rules for the
monitoring of conservation and resource management measures,
structural measures and measures on the common organization of themarket, and certain provisions to deal with failure to carry out thesemeasures, which must apply to the entire fisheries sector from theproducer to the consumer;
Whereas this system can only achieve the desired result if the industry
recognizes that it is justified;
Whereas control is first and foremost the responsibility of the Member
States; whereas the Commission should also seek to ensure that theMember States monitor and prevent infringements in an equitablemanner; whereas, therefore, the Commission should be provided with
the financial, legal and legislative means to carry out this task as
effectively as possible;
Whereas experience gained in the application of Council Regulation
(EEC) No 2241/87 of 23 July 1987 establishing certain control measures
for fishing activities(
5) has shown that there is a need to strengthen
control of the application of the rules governing conservation of fisheryresources;
Whereas compliance with measures for the conservation and manage-
ment of fishery resources requires an increased sense of responsibilityon the part of all operators in the fishing industry;
Whereas policy on the management of fishery resources, which is based
in particular on total allowable catches (TACs) and quotas and technicalmeasures, is to be supplemented by management of the fishing effort,
which involves monitoring fishing activities and capacities;
Whereas, to ensure that all catches and landings are kept under
surveillance, Member States must monitor in all maritime waters the
activities of Community vessels and all related activities allowing
verification of the implementation of the rules concerning the commonfisheries policy;
Whereas it is vital that Member States cooperate at the operational level
during inspections at sea of fishing activities, in order to permit effective1993R2847 — EN — 01.07.1999 — 003.001 — 2
(1) OJ No C 280, 29. 10. 1992, p. 5.
(2) OJ No C 21, 25. 1. 1993, p. 55.
(3) OJ No C 108, 19. 4. 1993, p. 36.
(4) OJ No L 389, 31. 12. 1992, p. 1.
(5) OJ No L 207, 29. 7. 1987, p. 1. Regulation as last amended by Regulation
(EEC) No 3483/88 (OJ No L 306, 11. 11. 1988, p. 2).
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and financially justifiable inspections, particularly of operations carried
out in waters outside the jurisdiction or sovereignty of a Member State;
Whereas implementation of the common fisheries policy necessitates
measures to monitor vessels flying the flag of a third country present in
Community waters, and in particular a system for communicating theirmovements and the species held on board, without prejudice to the rightof innocent passage in the territorial sea and freedom of navigation inthe 200-mile fishing zone;
Whereas the implementation of pilot projects applicable to certain
categories of vessels by the Member States in cooperation with the
Commission will make it possible for the Council to decide, before 1January 1996, whether a satellite surveillance system or an alternativesystem should be implemented;
Whereas the management of fisheries by the fixing of TACs requires
detailed knowledge of the composition of catches, such knowledge
being equally necessary for the other procedures provided for in
Regulation (EEC) No 3760/92; whereas this requires the keeping of alogbook by each master of a fishing vessel;
Whereas it is necessary for the Member State of landing to be able to
monitor landings on its territory, and to this end it is appropriate for
fishing vessels registered in other Member States to notify the Member
State of landing of their intention to land on its territory;
Whereas it is essential to clarify and confirm at the time of landing the
information contained in the logbooks; whereas, to this end, it isnecessary that those involved in the landing and marketing of catchesshould declare the quantities landed, transshipped, offered for sale of
purchased;
Whereas, in order to provide exemptions from the obligation to keep a
logbook or complete a landing declaration by small fishing vessels forwhich such an obligation would constitute a disproportionate burden inrelation to their fishing capacity, it is necessary for each Member Stateto monitor the activities of such vessels by the implementation of a
sampling plan;
Whereas, in order to ensure the respect of Community conservation and
trade measures, all fishery products landed in or imported into theCommunity should be accompanied, up to the point of first sale, by atransport document identifying their origin;
Whereas limitations on catches must be managed at both Member State
and Community level; whereas Member States should register landings
and notify them to the Commission by computer transmission; whereastherefore it is necessary to provide for exceptions from this obligationfor small quantities landed, the computer transmission of which wouldconstitute a disproportionate administrative and financial burden for theauthorities of the Member States;
Whereas, in order to ensure the conservation and management of all the
resources used, the provisions relating to the logbook, the landing andsales declarations and the information concerning transshipments andregistration of catches may be extended to stocks which are not subjectto a TAC or quota;
Whereas the Member States must be informed of the results of the
activities of their vessels in waters under the jurisdiction of third
countries or in international waters; whereas the masters of these vesselsshould accordingly be subject to the obligations relating to the logbookand the landing and transshipment declarations; whereas the informationgathered by the Member States should be sent to the Commission;
Whereas the management of the collection and treatment of date
requires the creation of computerised data bases enabling, in particular,
cross checking of data; whereas therefore the Commission and its agentsmust have access to these data bases by computer transmission to carryout verification of the data;
Whereas compliance with the provisions relating to the use of fishing
gear cannot be adequately ensured where nets of different mesh sizes are1993R2847 — EN — 01.07.1999 — 003.001 — 3
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carried on board, unless they are subject to additional control measures;
whereas for specific fisheries it may be appropriate to establish specificrules such as the one-net rule;
Whereas it is necessary that, when the quota of a Member State is
exhausted or when the TAC itself is exhausted, fishing should beprohibited by a Commission decision;
Whereas it is necessary to repair the prejudice suffered by a Member
State which has not exhausted its quota, its allocation of part of a stockor group of stocks when the fishery has been closed following the
exhaustion of a TAC; whereas to this end a system of compensation
should be provided for;
Whereas, in cases where this Regulation has not been respected by those
responsible for fishing vessels should be made subject to additionalcontrol measures for conservation purposes;
Whereas it is necessary, in order to guarantee efficient management of
the measures adopted, to provide for declaration mechanisms in
conformity with the management objectives and strategies as laiddown in Article 8 of Regulation (EEC) No 3760/92, applicable to aMember State which has overfished its quota;
Whereas one of the main aims of the common fisheries policy is to
adjust fishing capacities to available resources; whereas Article 11 of
Regulation (EEC) No 3760/92 stipulates that it is the task of the Council
to set the objectives and strategies for the restructuring of fishing effort;whereas it is also necessary that compliance with the measures on thecommon organization of the market be assured, in particular by personsto whom these measures apply; whereas, therefore, it is vital that each
Member State carry out, in addition to the financial checks already
provided for in Community rules, technical checks to ensure that theprovisions set by the Council are complied with;
Whereas it is necessary to establish general rules to allow Community
inspectors appointed by the Commission to ensure the uniformapplication of Community rules and to verify the control carried out
by the competent authorities of Member States;
Whereas, in order to safeguard the objectivity of verifications, it is
important that Community inspectors may, in certain conditions, effectmissions without prior notice and in an independent way, so as to verifythe control operations carried out by the competent authorities ofMember States; whereas such missions will in no circumstances imply
control of private persons;
Whereas the action taken following infringements may differ from one
Member State to another; causing fishermen to feel unfairly treated;whereas the absence of dissuasive sanctions in certain Member Statesreduced the effectiveness of controls and whereas, in the light of theseobservations, Member States should take all the necessary non-
discriminatory measures to guard against and prosecute irregularities,
particularly by establishing a roster of sanctions which effectivelydeprive the wrong-doers of the commercial gain resulting from theirinfringements;
Whereas the possibility for the flag Member State to ensure that the
rules of the conservation and management of fishery resources are
observed is reduced in cases where the Member State of landing does
not effectively prosecute irregularities; whereas provision must thereforebe made to count catches made illegally against the quota of theMember State of landing if that State has not brought effectiveproceedings;
Whereas Member States should report regularly to the Commission on
their inspections activities and on the measures taken following
infringements of Community measures;
Whereas for certain measures laid down by this Regulation it is
appropriate to provide for detailed rules of implementation;
Whereas the confidentiality of the data collected in the framework of
this Regulation should be guaranteed;1993R2847 — EN — 01.07.1999 — 003.001 — 4
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Whereas this Regulation should not affect the national provisions on
monitoring, which, while coming within its scope, go beyond itsminimum provisions, provided however that such national provisions are
in conformity with Community law;
Whereas Regulation (EEC) No 2241/87 should be repealed, exception
being made, however, for Article 5 which should remain in force,
pending the adoption of the lists referred to in Article 6 (2) of thisRegulation;
Whereas it is necessary to provide a transitional period for the
implementation of specific provisions contained in certain Articles inorder to allow the competent authorities of the Member States toestablish and adapt their procedures to the requirements of the newRegulation;
Whereas the provisions of certain Articles, insofar as they concern
fisheries operations in the Mediterranean Sea, where the commonfisheries policy has not yet been integrally applied, should enter into
force on 1 January 1989,
HAS ADOPTED THIS REGULATION:
Article 1
1. In order to ensure compliance with the rules of the common
fisheries policy, a Community system is hereby established including inparticular provisions for the technical monitoring of:
— conservation and resource management measures,
— structural measures,
— measure concerning the common organization of the market,
as well as certain provisions relating to the effectiveness of sanctions to
be applied in cases where the above-mentioned measures are notobserved.
2. To this end, each Member State shall adopt, in accordance with
Community rules, appropriate measures to ensure the effectiveness ofthe system. It shall place sufficient means at the disposal of itscompetent authorities to enable them to perform their tasks of inspection
and control as laid down in this Regulation.
3. The system shall apply to all fishing activities and to all associated
activities carried out within the territory and within the maritime waters
subject to the sovereignty or jurisdiction of the Member States includingthose exercised by vessels flying the flag of, or registered in, a thirdcountry, without prejudice of the right of innocent passage in theterritorial sea and the freedom of navigation in the 200-mile fishingzone; it shall also apply to the activities of Community fishing vessels
which operate in the waters of non-member countries and on the high
seas, without prejudice to the special provisions contained in fisheriesagreements concluded between the Community and third countries or inInternational Conventions to which the Community is a party.
TITLE I
Monitoring, inspection and surveillance
Article 2
1. In order to ensure compliance with all the rules in force, each
Member State within its territory and within maritime waters subject toits sovereignty or jurisdiction shall monitor, inspect and maintainsurveillance of all activities in the fisheries sector, particularly fishing
itself, transhipment, landing, marketing, transport and storage of
fisheries products and the recording of landing and sales. The MemberStates shall take the necessary measures to ensure the best possiblecontrol within their territory and within maritime waters subject to theirsovereignty or jurisdiction, taking into account their particular situation.1993R2847 — EN — 01.07.1999 — 003.001 — 5
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2. Each Member State shall ensure that the activities of its vessels
outside the Community fishery zone are subject to proper monitoringand, where such Community obligations exist, to inspections and
surveillance, in order to ensure compliance with Community rules
applicable in those waters.
Article 3
1. Each Member State shall establish a satellite-based vessel
monitoring system, hereinafter referred to as ‘VMS’, to monitor the
position of Community fishing vessels.
The VMS shall apply no later than 30 June 1998 to all Community
fishing vessels exceeding 20 metres between perpendiculars or 24metres overall length belonging to any one of the following categories:
— vessels operating on the high seas, except in the Mediterranean Sea,
— vessels operating in the waters of third countries, provided that
provisions have been made in Agreements with the relevant thirdcountry or countries for the application of a VMS to the vessels ofsuch country or countries operating in the waters of the Community,
— vessels catching fish for reduction to meal and oil.
2. The VMS shall apply no later than 1 January 2000 to all
Community fishing vessels exceeding 20 metres between perpendiculars
or 24 metres overall length wherever they operate.
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3. Notwithstanding the provisions of paragraphs 1 and 2 above, the
VMS shall not apply to vessels:
(a) operating exclusively within 12 nautical miles of the baseline of the
flag Member State; or
(b) which never spend more than 24 hours at sea taken from the time of
departure to the return to port.
4. When a Member State imposes VMS on vessels flying its flag and
not falling within the scope of paragraphs 1 to 3, those vessels will be
eligible for the same financial support as is applicable for vesselsapplying VMS under paragraphs 1 and 2.
5. Member States shall ensure that satellite-tracking devices be
installed and be fully operational on Community fishing vessels flyingtheir flag to which VMS shall apply. The satellite-tracking device shall
enable a fishing vessel to communicate by satellite to the flag State and
the coastal Member State concerned simultaneously, its geographicalposition and where applicable the effort reports referred to in Article19b. In the case of force majeure relevant information shall be
communicated by radio via a radio station approved under Communityrules for the reception of such information or by the means specified in
Article 19c.
6. The masters of the Community fishing vessels to which VMS
applies shall ensure that the satellite-tracking devices are at any timefully operational and that the information referred to in paragraph 5 istransmitted. Transmission shall be carried out at the required daily
frequency to ensure that the flag Member State and/or the coastal
Member State can effectively monitor the vessels.
7. Member States shall establish and operate fisheries monitoring
centres, hereinafter referred to as ‘FMC’, which shall monitor fishingactivities and fishing effort. The FMC shall be operational no later than30 June 1998.
The FMC of a particular Member State shall monitor the fishing vessels
flying its flag, regardless of the waters in which they are operating or theport they are in, as well as Community fishing vessels flying the flag ofother Member States and fishing vessels of third countries to which aVMS applies operating in the waters under the sovereignty or thejurisdiction of that particular Member State.1993R2847 — EN — 01.07.1999 — 003.001 — 6
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8. Each flag Member State shall appoint the competent authorities
responsible for the FMC and shall take the appropriate measures toensure that its FMC has the proper staffing resources and is equipped
with computer hardware and software enabling automatic data
processing and electronic data transmission. Member States shallprovide for back-up and recovery procedures in case of system failure.
Member States may operate a joint FMC.9. The flag Member State shall take the necessary measures to ensure
that the data received from its fishing vessels to which a VMS applies
are recorded in computer-readable form for a period of three years.
The coastal Member State shall take the necessary measures to ensure
that the data received from fishing vessels flying the flag of anotherMember State or of a third country to which a VMS applies are recordedin computer-readable form for a period of three years.
The Commission shall have access to these computer files on the basis
of a specific request. The provisions of Article 37 shall apply.
10. Detailed rules for the implementation of this Article shall be
decided in accordance with the procedure laid down in Article 36.
In particular, on the basis of an application by a Member State and in
accordance with the provisions of Article 36, the Commission may
decide that an alternative system to VMS may be applied, taking intoaccount the type of monitoring system proposed, the type of fishingvessel or vessels, the area or areas fished, the targeted species and theduration of the fishing trips. The alternative system must be as effectiveas a VMS and apply on a non-discriminatory basis.
Article 4
1. The inspection and monitoring specified in Article 2 shall be
carried out by each Member State on its own account by means of asystem of inspection decided by the Member State.
In carrying out the tasks entrusted to them, Member Sates shall ensure
that the provisions and measures referred to in Article 2 are complied
with. Moreover, they shall act in such a way as to avoid undueinterference with normal fishing activities. They shall also ensure thatthere is no discrimination as regards the sectdor and vessels chosen forinspection.
2. The persons responsible for the fishing vessels, premises or
transport vehicles inspected shall cooperate in facilitating inspectionscarried out in accordance with paragraph 1.
Article 5
Detailed rules for the application of this Title shall be adopted as
necessary, without prejudice to the national competences, in accordance
with the procedure laid down in Article 36, in particular as regards:
(a) the identification of officially designated inspectors and inspection
vessels, aircraft and such other means of inspection as may be usedby a Member State;
(b) the procedure for the inspection and surveillance of activities in the
fisheries sector;
(c) the marking and identification of fishing vessels and their gear;
(d) the certification of the characteristics of fishing vessels which relate
to fishing activities.1993R2847 — EN — 01.07.1999 — 003.001 — 7
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TITLE II
Monitoring of catches
Article 6
1. The masters of Community fishing vessels fishing for a stock or
group of stocks shall keep a logbook of their operations, indicatingparticularly the quantities of each species caught and kept on board, thedate and location (ICES statistical rectangle) of such catches and thetype of gear used.
2. From 1 January 2000 any amount greater than 50 kg of live-weight
equivalent of any species retained on board, must be recorded in thelogbook in areas other than the Mediterranean. For the fisheries
operations in the Mediterranean Sea any amount greater than 50 kg of
live-weight equivalent retained on board of any species indicated on alist adopted under this Article must be recorded in the logbook.
3. The masters of Community fishing vessels shall enter in their
logbook the quantities caught at sea, the date and location of thesecatches and the species referred to in paragraph 2. The quantitiesdiscarded at sea may be recorded for evaluation purposes.
4. Masters of Community fishing vessels shall be exempt from the
requirements of paragraphs 1 and 3 if the overall length of the vessels is
less than 10 metres.
5. The Council may decide by a qualified majority, on a proposal
from the Commission, exemptions other than the one mentioned inparagraph 4.
6. Each Member State shall carry out, on the basis of sampling,
monitoring of the activities of fishing vessels which are exempt from therequirements specified by paragraphs 4 and 5 in order to ensure respectby these vessels of the Community rules in force.
To this end, each Member State shall establish a sampling plan and
transmit it to the Commission. The results of monitoring executed shall
be communicated regularly to the Commission.
7. The masters of Community fishing vessels shall register the
information required by paragraphs 1 and 3 either in computer-readableform or on paper.
8. Detailed rules for the implementation of this Article shall be
adopted in accordance with the procedure laid down in Article 36,including a geographical basis other than the ICES statistical rectangle,in certain specific cases.
Article 7
1. The Master of a Community fishing vessel who wishes to utilise
landing locations in a Member State other than the flag Member Stateshall comply with the requirements of any designated port scheme
established by that Member State in accordance with Article 38, or if
that Member State does not operate such a scheme, he must inform thecompetent authorities in that Member State at least four hours inadvance of:
— the landing location(s) and estimated time of arrival there,
— the quantities of each species to be landed.
2. The master referred to in paragraph 1 who fails to make these
notifications may be subjected to appropriate sanctions by the competent
authorities.
3. The Commission, in accordance with the procedure laid down in
Article 36, may grant an exemption for certain categories of Communityfishing vessels from the obligation stipulated in paragraph 1 for a limited1993R2847 — EN — 01.07.1999 — 003.001 — 8
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and renewable period, or make provision for another notification period
taking into account inter alia , the distance between the fishing grounds,
the landing locations and the ports where the vessels in question are
registered or listed.
Article 8
1. The master of each Community fishing vessel having on overall
length equal to, or more than, 10 metres, or his representative, shall after
each trip and within 48 hours of landing submit a declaration to thecompetent authorities of the Member State where the landing takesplace. The master shall be responsible for the accuracy of thedeclaration, which shall indicate, as a minimum, the quantities landedof each species stipulated in Article 6 (2) and the area where they were
caught.
2. The Council may decide, acting by a qualified majority on a
proposal from the Commission, to extend the obligation set out inparagraph 1 to vessels having on overall length of less than 10 metres.
The Council may also decide, acting by a qualified majority on a
proposal from the Commission, exemptions from the obligation set outin paragraph 1 for certain categories of vessels having an overall lengthequal to, or more than, 10 metres and pursuing specific fishing activities.
3. Each Member State shall carry out, on the basis of sampling,
monitoring of the activities of fishing vessels which are exempt from therequirements specified by paragraph 1 in order to ensure respect by thesevessels of the Community rules in force.
To this end, each Member State shall establish a sampling plan and
transmit it to the Commission. The results of monitoring executed shall
be communicated regularly to the Commission.
4. Detailed rules for implementation of this Article shall be adopted
in accordance with the procedure laid down in Article 36.
Article 9
1. Auction centres or other bodies or persons authorised by Member
States, which are responsible for the first marketing of fishery productslanded in a Member State shall submit, upon the first sale, a sales note tothe competent authorities of the Member State in whose territory thefirst marketing takes place. The submission of the sales notes listing all
data required under this Article shall be the responsibility of the auction
centres or other bodies or persons authorised by Member States.
2. Where the first marketing of fisheries products landed in a Member
State is carried out in a manner different from that laid down in
paragraph 1, the landed products shall not be collected until one of the
following documents has been submitted to the competent authorities orother authorised bodies of the Member States:
— a sales note, when the products have been sold or are offered for sale
at the place of landing,
— a copy of one of the documents provided for in Article 13, when the
products are offered for sale at a location other than the place oflanding; a sales note must be appended to such copies at the time of
actual sale,
— a take-over declaration, when the products are not offered for sale or
are intended for sale at a later date.
The submission of the sales note listing all data required under this
Article shall be the responsibility of the buyer.
The submission of the take-over declaration listing all data required
under this Article shall be the responsibility of the holder of thisdeclaration.1993R2847 — EN — 01.07.1999 — 003.001 — 9
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3. The sales notes referred to in paragraphs 1 and 2 shall contain as a
minimum the following information:
— the relevant name of each species and its geographical area of origin,
— for all species, where appropriate, the individual size or weight,
grade, presentation and freshness,
— where appropriate, the relevant minimum fish size,— the price and quantity at first sale for each species, and, where
appropriate, on a individual size or weight, grade, presentation andfreshness basis.
— where appropriate, the destination of products withdrawn from the
market (by products, human consumption, carry-over),
— the name of both the seller and the buyer,— the place and the date of the sale,
— where possible, the reference number of the sales contract.
4. Sales notes shall be submitted to the competent authorities
responsible for monitoring the first marketing of fish in such a way
that the following data shall be included:
— the external indentification and name of the fishing vessel which has
landed the products concerned,
— the name of the vessel's owner or master,— the port and date of landing,
— where applicable, reference to one of the documents provided for in
Article 13(1) and (4)(b).
4a. Where a sales note does not correspond to the invoice or to a
document replacing it, as referred to in Article 22(3) of the sixth Council
Directive 77/388/EEC(
1), the Member State shall adopt the necessary
provisions to ensure that the information on the price excluding tax fordeliveries of goods to the purchaser is identical to that indicated on theinvoice.
4b. Take-over declarations as referred to in paragraph 2, drawn up by
owners of landed fishery products or their agents, shall contain at leastthe following information:
— the relevant name of each species and its geographical area of origin,
— the weight of each species, broken down by type of product
presentation,
— where appropriate, the relevant minimum fish size,
— identification of the fishing vessel that has landed the products,— identification of the master of the vessel,— the port and date of landing,
— the places where the products are stored,
— where applicable, reference to one of the documents provided for in
Article 13(1) and (4)(b).
4c. Where the fisheries products landed are intended for sale at a later
date, and where such products are to be placed on the market at a priceprovided for in a contract or at a fixed price set for a specified period,Member States shall carry out appropriate verifications to check theaccuracy of the information in the take-over declarations and sales notes
referred to in paragraph 2.
5. Sales notes, take-over declarations and a copy of the transport
documents shall be submitted, within 48 hours following the firstmarketing or the landing, to the competent authority or other bodies1993R2847 — EN — 01.07.1999 — 003.001 — 10
(1) Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of
the laws of the Member States relating to turnover taxes — common system
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authorised by the Member State, in accordance with the law of the
Member State in whose territory the operations have been carried out.On request of a Member State, the Commission, in accordance with the
procedure laid down in Article 36, may grant exceptions to this delay in
specific situations.
In the event that the products are transported to a Member State other
than the Member State of landing, the transporter shall transmit within48 hours following the landing a copy of the transport document to thecompetent authorities of the Member State in whose territory the firstmarketing is declared to take place. The Member State of first marketing
may require further information in this regard from the Member State of
landing.
6. The competent authorities shall keep a copy of each sales note for
a period of one year starting from the year following that in which theinformation submitted to the competent authorities is recorded.
Where the first marketing of fisheries products does not take place in the
Member State where the products have been landed, the Member Stateresponsible for monitoring the first marketing shall ensure that a copy ofthe sales note is submitted to the authorities responsible for monitoring
the landing of the products concerned as soon as possible.
7. The Commission, in accordance with the procedure laid down in
Article 36, may grant an exemption from the obligation to submit the
sales note to the competent authorities or other authorized bodies of theMember State for fisheries products landed from certain categories ofCommunity fishing vessels having an overall length of less than 10metres ►
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exceeding 50 kg of live weight equivalent by species ◄.
Such exemptions may be granted only in cases where the Member State
in question has installed an acceptable monitoring system.
8. A buyer acquiring products which are not thereafter placed on the
market but used only for private consumption shall be exempt from the
requirements of paragraph 2.
9. Detailed rules governing the implementation of this Article shall
be adopted in accordance with the procedure laid down in Article 36.
Article 11
1. Transhipments and fishing operations involving joint action by two
or more vessels taking place in maritime waters subject to the
sovereignty or jurisdiction of a Member State, as well as transhipmenttaking place in a Member State's ports may be authorised by thisMember State. The Masters of the vessels concerned shall comply withthe procedures laid down in accordance with paragraph 2, particularly as
regards:
— the definition of authorised places,
— inspection and surveillance procedures,
— the terms and conditions for recording and notifying the tranship-
ment operation and the quantities transhipped.
This provision shall not apply to pair trawling activities by Community
vessels.
2. Detailed rules for the application of this Article shall be adopted,
taking account of the comments of the Member States concerned, inaccordance with the procedure laid down in Article 36.1993R2847 — EN — 01.07.1999 — 003.001 — 11
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Article 12
Where transshipment or landing is to take place more than 15 days after
the catch, the information required in Articles 8 and 11 shall besubmitted to the competent authorities of the Member State whose flagthe vessels are flying or in which the vessels are registered not later than15 days after the catch.
Article 13
1. All fisheries products landed in or imported into the Community,
either unprocessed or after having been processed on board, and forwhich neither a sales note nor a take-over declaration has been
submitted in accordance with Article 9(1) and (2), and which are
transported to a place other than that of landing or import, shall beaccompanied by a document drawn up by the transporter until the firstsale has taken place. The submission of this transport document listingall data required under this Article shall be the responsibility of the
transporter.
2. This document shall:
(a) indicate in respect of the consignment the name of the vessel of
provenance and its external identification. In case of import otherthan by vessel, this document shall indicate the location where theconsignment was imported;
(b) include the place of destination of the consignment(s) and the
identification of the transport vehicle;
(c) indicate the quantities of fish (in kilograms processed weight) for
each species transported, the names of the consignee and the place
and the date of loading, as well as the relevant name for each
species, its geographical area of origin and, where appropriate, therelevant minimum fish size.
3. Each transporter must ensure that the document cited in paragraph
1 contains as a minimum all the information requested in paragraph 2.
4. The transporter shall be exempt from the obligation fixed in
paragraph 1 if one of the following conditions is satisfied:
(a) the document mentioned in paragraph 1 is replaced by a copy of one
of the declarations provided for in Articles 8 or 10 pertaining to thequantities transported;
(b) the document mentioned in paragraph 1 is replaced by a copy of
document T 2 M indicating the origin of the quantities transported.
5. The competent authorities of a Member State may grant
exemptions from the obligation fixed in paragraph 1 if the quantitiesof fish are transported within the compound of a port area or not morethan 20 kilometres from the point of landing.
5a. Where fishery products that have been declared as sold in
accordance with Article 9 are transported to a location other than theplace of landing or import, at all times transporters must be able to proveon the basis of a document that a sales transaction has taken place.
6. Each Member State shall carry out control by means of sampling
on its territory in order to verify that the obligations established by thisArticle are being respected. The intensity of such controls may takeaccount of the intensity of the controls in previous stages.
7. Member States shall coordinate their control activities in order to
ensure that inspection is as effective and economical as possible. To thisend, Member States shall particularly exercise surveillance over themovement of merchandise which may have been drawn to their attentionas possibly being the subject of operations contrary to CommunityRegulations.1993R2847 — EN — 01.07.1999 — 003.001 — 12
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7a. Detailed rules for the application of this Article shall be adopted
in accordance with the procedure laid down in Article 36.
Article 14
1. Member States shall ensure that all landings in a Member State as
mentioned in Articles 8, 9 and 10 shall be recorded. For this purpose,Member States may require that the first marketing be by sale at anauction centre.
2. Where landings of catches are not placed on the market for the first
time by sale at auction, as provided for in Article 9 (2), Member Statesshall ensure that the quantities involved are notified to the auctioncentres or other bodies authorised by Member States.
3. The information on landings by certain categories of vessels
subject to the derogations mentioned in Articles 7 and 8 or on landingsin ports which do not have a sufficiently developed administrativestructure to register landings may, at the request of a Member State to
the Commission, within 12 months of the entry into force of this
Regulation, be exempted from the requirement for such information tobe processed. Exemption may be agreed if the registration of therequested data would create disproportionate difficulties for the nationalauthorities in relation to the total landings, and if the respective specieslanded are sold locally. A list of ports and vessels qualifying for such
exemption shall be established by each Member State and notified to the
Commission.
4. A Member State benefiting from the derogation mentioned in
paragraph 3 shall establish a sampling plan in order to evaluate the
extent of respective landings in the qualifying ports. This plan must be
approved by the Commission before any derogation is applied. TheMember State shall regularly transmit to the Commission the results ofevaluations.
Article 15
1. Before the 15th of each month, each Member State shall notify the
Commission by computer transmission of the quantities of each stock orgroup of stocks subject to TACs or quotas landed during the preceding
month and shall provide it with any information received under Article
11 and 12.
Notifications to the Commission shall indicate the location of the
catches as laid down in Articles 6 and 8 and the nationality of the fishing
vessels concerned.
Each Member State shall inform the Commission of a quota
consumption forecast with anticipated date of exhaustion in respect ofthe species for which the catches made by fishing vessels flying its flag
or registered there are deemed to have exhausted 70% of the quota,
allocation or share available to that Member State.
Member States shall, where catches of stocks or groups of stocks subject
to TACs or quotas may reach TAC or quota levels, provide the
Commission, at its request, with more detailed or more frequent
information than this paragraph requires.
2. The Commission shall keep available to Member States on
computer the notifications received pursuant to this Article.
3. Where the Commission finds that a Member State has not
complied with the deadline for transmitting the data on monthly catchesas provided for in paragraph 1, it may set the date on which, for a stock
or group of stocks, the catches subject to a quota or other form of
quantity restriction and taken by fishing vessels flying the flag of, orregistered in, that Member State shall be deemed to have exhausted 70%of the quota, allocation or share available to that Member State and mayset the estimated date on which the quota, allocation or available shareshall be deemed to be exhausted.1993R2847 — EN — 01.07.1999 — 003.001 — 13
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4. Each Member State shall notify the Commission by computer
transmission, before the end of the first month of each calendar quarterof the quantities of stocks other than those mentioned in paragraph 1
landed during the preceding quarter.
Article 16
1. Without prejudice to Article 15, Member States shall provide, at
the request of the interested Member State, data on landings, offers forsale or transshipments of fishery products carried out in their ports ofwaters under their jurisdiction by fishing vessels flying the flag of, orregistered in that Member State and based on a stock or group of stocks
subject to a quota allocated to that Member State.
This information shall consist of the name and the external identification
mark of the vessel in question, the quantities of fish by stock or groupsof stocks landed, offered for sale or transshipped by that vessel as well
as the date and place of landing, offer for first sale or transshipment.
This information shall be transmitted within four working daysfollowing the date of the request of the interested Member State orwithin a further period of time which may be determined by thatMember State or the Member State of landing.
2. The Member State where the landing, offer for first sale or the
transshipment has taken place, shall transmit to the Commission at itsrequest this information at the same time as it is being communicated tothe Member State where the vessel is registered.
Article 17
1. Member States shall take the necessary measures to ensure
monitoring of the catches of species made by their vessels operating in
waters subject to the sovereignty or jurisdiction of third countries and onthe high seas, and to ensure verification and recording of transshipmentsand landings of such catches.
2. The control and verification measures shall ensure compliance
with the following obligations on the part of the vessel owners and/ormasters:
— a logbook shall be kept on board the fishing vessels in which the
masters shall record their catches,
— a landing declaration shall be submitted to the authorities of the
Member State of landing during landings carried out in Community
ports,
— the flag Member State shall be informed of the details of each
transshipment of fish on to third-country fishing vessels and of
landings carried out directly in third countries.
3. The provisions of paragraphs 1 and 2 shall apply without prejudice
to the provisions of the fisheries agreements concluded between theCommunity and third countries and International Conventions to which
the Community is a party.
Article 18
1. Each Member State shall notify the Commission by computer
transmission before the end of the first month of each calendar quarter ofthe quantities caught in the fishing waters referred to in Article 17 andlanded during the previous quarter and of all information receivedpursuant to Article 17 (2).
2. Four catches made in third country waters the information notified
in accordance with paragraph 1 shall be broken down by third countryand stock by reference to the smallest statistical zone defined for thefishery concerned.
Catches made on the high seas shall be notified by reference to the
smallest statistical zone defined by the International Conventiongoverning the catch location and by species or group of species for allthe stocks in the fishery concerned.1993R2847 — EN — 01.07.1999 — 003.001 — 14
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3. Before 1 October each year, the Commission shall make available
to the Member States the information it receives pursuant to this Article.
4. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 36.
Article 19
1. In order to ensure respect of the obligations laid down in Articles
3, 6, 8, 9, 10, 14 and 17, each Member State shall establish a validation
system comprising in particular cross-checks and verification of dataresulting from these obligations.
2. In order to facilitate these verifications, each Member State shall
create a computerized data base where the data referred to in paragraph
1 are registered.
Member States may create decentralised data bases on condition that
these and the procedures relating to the collection and registration ofdata are standardized so as to ensure compatibility between them
throughout the territory of the Member State.
3. Each Member State shall adopt the necessary measures to ensure
that the information referred to in paragraph 1 is entered in the database
as soon as possible.
The information on regulated resources within the meaning of Article 8
of Regulation (EEC) No 3760/92(
1) as recorded in the logbook, the
landing declaration, the sales note and the take-over certificate shall be
entered in the database referred to in paragraph 2 within 15 working
days of the date on which this information is received by the competentauthorities. If more than 85 % of a quota has been fished, this periodshall not exceed five working days.
5. Member States shall adopt the necessary measures to facilitate thecollection, validation and cross-referencing of data. The Commissionshall have remote access to duplicated computer files containing therelevant information on the basis of a specific request.
6. Detailed rules for implementation of this Article shall be adopted
in accordance with the procedure laid down in Article 36.
TITLE IIA
Control of fishing effort
Article 19a
1. The provisions of this Title shall apply to Community fishing
vessels which are authorized by Member States in accordance with
Articles 2, 3 (5) and 9 of Council Regulation (EC) No 685/95 of 27
March 1995 on the management of the fishing effort relating to certainCommunity fishing areas and resources(
2) to carry out fishing activities
in the fishing areas defined in Annex I to that Regulation and to suchvessels authorized by Member States to carry out fishing activities
directed at demersal species, in the area situated south of latitude 56º 30 ′
north, east of longitude 12º west and north of latitude 50º 30 ′north,
hereinafter known as the ‘Irish Box’.
1a. Articles 19e, 19f, 19g, 19h and 19i shall apply to Community
vessels authorized by the Member States, in accordance with Article 2 of1993R2847 — EN — 01.07.1999 — 003.001 — 15
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Council Regulation (EC) No 779/97 of 24 April 1997 introducing
arrangements for the management of fishing effort in the BalticSea(1),
to carry out fishing activities in the fishing areas listed in the Annex to
that Regulation.
2. For the purpose of this Title, vessels over 18 metres overall shall
be considered equivalent to vessels over 15 metres between perpendi-culars. Member States shall notify the Commission of the method ofmeasurement chosen. ►
M6Vessels over the relevant length which are
not authorized by Member States pursuant to Articles 2, 3 (5) and 9 of
Regulation (EC) No 685/95 or Article 2 of Regulation (EC) No 779/97
shall not carry out fishing activities in the areas referred to in paragraphs1 and 1a ◄
3. Notwithstanding the provisions of paragraph 1, Articles 19b and
19cshall apply solely to Community fishing vessels authorized to c arryout fishing activities directed at demersal species.
Article 19b
1. Masters of Community fishing vessels shall communicate the
following information in the form of an ‘effort report’:
— the name, external identification mark, radio call sign and name of
the master of the vessel,
— the geographical location of the vessel to which the communication
refers,
— the date and time of:
— each entry into, and exit from, a part located inside the area,
— each entry into an area,
— each exit from an area.
— the catch retained on board by species in kilograms live weight.
2. Notwithstanding paragraph 1, vessels conducting trans-zonal
fisheries which cross the line separating areas more than once duringa period of 24 hours, provided they remain within a delimited zone of
five miles either side of the line between areas, shall communicate their
first entry and last exist within that 24-hour period.
3. Member States shall take the necessary measures to ensure that the
masters, or the representatives of the masters, of fishing vessels flyingtheir flag comply with the reporting obligation.
4. Detailed rules for implementation of this Article shall be adopted,
in accordance with the procedure laid down in Article 36.
Article 19c
1. Masters of Community fishing vessels of their representatives shall
communicate the information referred to in Article 19b by telex,►
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recipient or by radio via a radio station approved under Community
rules for the reception of such reports, or by any other method
recognized in accordance with the procedure laid down in Article 36,simultaneously to the competent authorities of:
— the flag Member State, and,
— the Member State or Member States responsible for monitoring,
where the vessel will carry out, or has carried out, its fishingactivities in waters under the sovereignty or jurisdiction of thatMember State or those Member States.1993R2847 — EN — 01.07.1999 — 003.001 — 16
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Such information shall be communicated immediately before each entry
and exit. If it is impossible for reasons of force majeure for the message
to be transmitted by the vessel, it may be transmitted on its behalf by
another vessel.
2. Notwithstanding paragraph 1, where masters of Community
fishing vessels:
— conduct trans-zonal fisheries, as defined in Article 19b, the masters
or their representatives shall make an Effort Report for their first
entry and last exit for each 24-hour period,
— undertake fishing activity in the waters under the sovereignty or
jurisdiction of their flag Member State or the Member State in whichthe vessels are registered, the masters or their representatives shallcommunicate the information required under Article 19b to thecompetent authorities of the flag Member State in accordance witharrangements adopted by that State. Such arrangements shall in no
case be less effective in monitoring fishing effort than the measures
envisaged in paragraph 1. The flag Member State shall inform theCommission in due time of the arrangements envisaged,
— spend less than 72 hours at sea, but during that time undertake
fishing activities in the waters under the sovereignty or jurisdictionof another Member State or Member States, the masters or theirrepresentatives shall communicate, before the departure of a vessel,
the information required under Article 19b to the competent
authorities of the Member State or Member States concerned, andof the flag Member State, by the methods set out in paragraph 1. Thesaid competent authorities shall register this information in computerform. Should changes occur in the information provided, they shallbe notified immediately to the said competent authorities by the
master or his representative.
3. Real-time automaticsystems rec ognized under Community
legislation shall, however, constitute a recognized method of commu-nication for the purpose of paragraph 1.
Article 19d
Member States shall take the necessary measures to ensure that the
effort reports received pursuant to Articles 19b and 19c are recorded in
computer-readable form.
Article 19e
1. Masters of Community fishing vessels shall record and account for
in their logs the time spent in an area as follows:
with regard to towed gear:
— the date and time of entry of the vessel into an area or of exit from a
port located in that area,
— the date and time of the vessel from that area or of entry into a port
located in that area;
with regard to staticgear:
— the date and time of entry of the vessel using the staticgear into an
area, or of exit from a port located in that area,
— the date and time of setting or re-setting of staticgear in the area
concerned,
— the date and time of the completion of fishing operations using the
staticgear,
— the date and time of exit of the vessel from that area or of entry into a
port located in that area.
2. Notwithstanding paragraph 1, masters of Community fishing
vessels conducting trans-zonal fisheries as defined in Article 19b shallrecord the date and time of their first entry and of their last exit.1993R2847 — EN — 01.07.1999 — 003.001 — 17
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3. Masters of Community vessels exercising fishing activities
directed at demersal species shall record the information required underArticle 19b in their logs.
4. For vessels exempt from the obligation to keep a logbook the flag
Member State shall carry out checks by sampling to assess the overalleffort deployed in a fishery.
5. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 36.
Article 19f
1. The flag Member State shall complete the register(s) which it has
created in accordance with Commission Regulation (EC) No 109/94 of19 January 1994 concerning the fishing vessel register of theCommunity(
1) so as to incorporate into it/them the data contained in
the lists of named vessels as referred to in Article 2 of Regulation (EC)No 685/95 ►
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2. The flag Member State shall transmit the data referred to in
paragraph 1 in computer form, preferably by electronic mail, inaccordance with the procedure laid down in Regulation (EC) No 109/94.
3. Under the procedures provided for in Regulation (EC) No 109/94,
the Commission shall ensure that the Member States responsible forcontrol have available the data concerning the identification of vessels
having access to their waters.
Article 19g
Each Member State shall record the fishing efforts deployed by vessels
flying its flag in each fishing area referred to in Article 19a and in theIrish Box for demersal fishing areas on the basis of available informationcontained in vessels' logbooks and information collected in accordance
with Article 19e (4).
Article 19h
Each Member State shall assess in overall terms the fishing efforts
deployed by vessels flying its flag, which have a length of less than 15metres between perpendiculars or 18 metres overall in accordance withthe provisions of Article 19a (2), in the fishing areas referred to inArticle 19a and in the Irish Box.
Article 19i
Each Member State shall inform the Commission, by computerized
means in accordance with the procedures laid down in Regulation (EC)No 109/94, of the aggregate data for the fishing effort deployed:
— in the previous month for each fishing area referred to in Article 19a
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15th of each month,
— in the previous quarter for each fishing area referred to in Article 19a
(1a), for demersal species, for salmon, sea trout and freshwater fish,before the end of the first month of each calendar quarter as well as,
before 15 February of each calendar year, the fishing effort deployed
by month during the previous year
— in the previous quarter for each fishing area referred to in Article 19a
for pelagic species, before the end of the first month of each calendarquater.1993R2847 — EN — 01.07.1999 — 003.001 — 18
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Article 19j
In order to ensure respect of the obligations laid down in Articles 19b,
19c and 19e, each Member State shall cross-check and verify the dataresulting from these obligations.
TITLE III
Monitoring of the use of fishing gear
Article 20
1. All catches which have been retained on board any Community
fishing vessel shall comply with the species composition laid down inCouncil Regulation (EEC) No 3094/86 of 7 October 1986 laying downcertain technical measures for the conservation of fishery resources(
1)
for the net carried on board that vessel.
Nets on board vessels which are not used must be stowed so that they
may not readily be used in accordance with the following conditions:
(a) nets, weights and similar gear shall be disconnected from their trawl
boards and towing and hauling wires and ropes,
(b) nets which are on or above deck shall be securely lashed to some
part of the superstructure.
2. If catches which have been retained on board any Community
fishing vessel have been taken with nets with different minimum meshsizes during the same voyage, the species composition shall becalculated for each part of the catch which has been taken under
different conditions.
To that end, all changes from the mesh size previously used as well as
the catch composition on board at the moment of any such change shall
be entered into the logbook and the landing declaration. In specific
cases, detailed rules on the keeping on board of a stowage plan, byspecies, of products processed, indicating where they are located in thehold, shall be adopted in accordance with the procedure laid down inArticle 36.
3. Notwithstanding paragraphs 1 and 2 the Council may, on the basis
of a report drawn up by the Commission, decide by qualified majority ona proposal from the Commission, that:
(a) no Community fishing vessel participating in particular fisheries
may carry nets of different minimum mesh sizes during a singlefishing trip;
(b) specific rules shall apply to the use of nets of different mesh size for
specific fisheries.
Article 20a
1. Where fishing vessels to which Title IIa applies carry out fishing
activities in the fishing areas referred to in Article 19a and in the IrishBox they may carry with them and use only the corresponding fishinggear or gears.
2. However, fishing vessels also fishing in fishing areas other than
those referred to in paragraph 1 during the same trip may carry gearcorresponding to their activities in the areas concerned, provided thatgear kept on board and not authorized for use in the fishing area or areas
referred to in Article 19a and in the Irish Box is stowed so that it may
not be readily used, in accordance with the second subparagraph ofArticle 20 (1).1993R2847 — EN — 01.07.1999 — 003.001 — 19
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3. Provisions relating to the identification of static fishing gear shall
be adopted no later than 31 December 1996 in accordance with theprocedure laid down in Article 36.
TITLE IV
Regulation and suspension of fishing activities
Article 21
1. All catches of a stock or group of stocks subject to quota made by
Community fishing vessels shall be charged against the quota applicableto the flag Member State for the stock or group of stocks in question,irrespective of the place of landing.
2. Each Member State shall determine the date from which the
catches of a stock or group of stocks subject to quota made by thefishing vessels flying its flag or registered in that Member State shall be
deemed to have exhausted the quota applicable to it for that stock or
group of stocks. As from that date, it shall provisionally prohibit fishingfor that stock or group of stocks by such vessels as well as the retentionon board, the transshipment and the landing of fish taken after that dateand shall decide on a date up to which transshipments and landings orfinal declarations of catches are permitted. The Commission shall be
notified forthwith of this measure and shall then inform the other
Member States.
3. Following notification under paragraph 2 or on its own initiative,
the Commission shall fix, on the basis of the information available, thedate on which, for a stock or group of stocks, the catches subject to aTAC, quota or other quantitative limitation made by fishing vesselsflying the flag of, or registered in, any Member State are deemed to haveexhausted the quota, allocation or share available to that Member State
or, as the case may be, to the Community. ►
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notify the Member States of this date without delay. ◄
When an assessment of this situation as referred to in the first
subparagraph is made, the Commission shall advise the Member Statesconcerned of the prospects of fishing being halted as a result of a TACbeing exhausted.
As from the date referred to in the first sub-paragraph, the flag Member
State shall provisionally prohibit fishing for that stock or group of stocksby vessels flying its flag as well as the retention on board, transhipmentand landing of fish taken after that date and shall decide on a date up to
which transhipments and landings or final declarations of catches are
permitted. The Commission shall be notified forthwith of this measureand shall then inform the other Member States.
4. When the Commission has, by virtue of the first subparagraph of
paragraph 3, halted fishing because of the alleged exhaustion of theTAC, quota, allocation or share available to the Community and ittranspires that a Member State has not in fact exhausted its quota,
allocation or share of the stock or group of stocks concerned, the
following provisions shall apply.
If the prejudice suffered by the Member State for which fishing has been
prohibited before its quota was exhausted has not been removed by
action in accordance with Article 9 (2) of Regulation (EEC) No 3760/92,measures shall be adopted with the aim of remedying in an appropriatemanner the prejudice caused, in accordance with the procedure laiddown in Article 36. These measures may involve making deductions
from the quota, allocation or share of the Member State which has
overfished, the quantities so deducted to be allocated appropriately tothe Member Sates whose fishing activities were halted before theirquotas were exhausted. These deductions and the consequent allocationsshall be made taking into account as a matter of priority the species andzones for which the annual quotas, allocations or shares were fixed.1993R2847 — EN — 01.07.1999 — 003.001 — 20
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These deductions or allocations may be made during the year in which
the prejudice occurred or in the succeeding year or years.
Detailed rules for the application of this paragraph, and in particular for
determining the quantities concerned, shall be adopted in accordancewith the procedure laid down in Article 36.
Article 21a
Without prejudice to Article 3 (2) (i) of Regulation (EC) No 685/95 and
Article 4, second indent, of Council Regulation (EC) 2027/95 of 15 June1995 relating to certain Community fishing areas and resources(
1), each
Member State shall determine the date on which the vessels flying its
flag or registered in its territory shall be deemed to have reached themaximum fishing in effort level in a fishing area as laid down in thelatter Regulation. As from that date, it shall provisionally prohibit thefishing activities of the said vessels in that area. The Commission shallbe notified forthwith of this measure and shall then inform the other
Member States.
Article 21b
Where vessels flying the flag of a Member State are deemed to have
exhausted 70% of the maximum fishing effort in a fishing area as fixedin Regulation (EC) No 2027/95, the Member State concerned shall
notify the Commission of the measures adopted pursuant to the second
subparagraph of Article 7 (1) of Regulation (EC) No 685/95.
Article 21c
1. On the basis of the information referred to in Article 19i, the
Commission shall ensure that the maximum fishing effort levels as fixed
in Regulation (EC) No 2027/95 are complied with.
2. Following notification under Article 21a or on its own initiative,
the Commission shall fix, on the basis of available information, the dateon which the maximum fishing effort level of a Member State for a
fishing are is deemed to have been reached. From that date on, vessels
flying the flag of that Member State shall not undertake fishing activitiesin the fisheries concerned.
Article 22
Should the competent authorities of a Member State establish that the
activities of a Community fishing vessel have seriously or repeatedlyfailed to comply with this Regulation, the flag Member State maysubject the vessel in question to additional control measures.
The flag Member State shall inform the Commission and the other
Member States of the name and external identifying marks and numbersof the vessel on which the said additional control measures have beenimposed.
Article 23
1. When it has been established by the Commission that a Member
State has overfished its quota, allocation or share of a stock or a group ofstocks available to it, the Commission shall operate deductions from theannual quota, allocation or share of the Member State which has
overfished. These deductions shall be decided in accordance with the
procedure laid down in Article 36.
2. The Council shall adopt rules by qualified majority, on a proposal
from the Commission, for deduction in accordance with the objectivesand management strategies set out in Article 8 of Regulation (EEC) No1993R2847 — EN — 01.07.1999 — 003.001 — 21
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3760/92 and take into account, as a matter of priority, the following
parameters:
— the degree of overfishing,
— any cases of overfishing of the same stock in the previous year,
— the biological status of the resources concerned.
TITLE V
Inspection and control of certain measures to improve and adjust
structures in the fisheries sector, including aquaculture
Article 24
In order to ensure compliance with the objectives and strategies set by
the Council in accordance with Article 11 of Regulation (EEC) No3760/92, in particular the quantitative objectives concerning the fishing
capacity of the Community fleets and the adjustment of their activities,
each Member State shall organize regular checks, in its territory andwithin the maritime waters under its sovereignty or jurisdiction, of allpersons concerned by the implementation of the abovementionedobjectives.
Article 25
1. Each Member State shall adopt provisions to verify compliance
with the objectives referred to in Article 24. To that end, it shall carryout technical controls, particularly in the following areas:
(a) restructuring, renewal and modernization of the fishing fleet;
(b) adaptation of fishing capacity by means of temporary or definitive
cessation;
(c) restriction of the activity of certain fishing vessels;
(d) restriction of the design and number of fishing gear and of the
method by which it is used;
(e) development of the aquaculture industry and coastal areas.
2. If the Commission has established that a Member State has not
complied with the provisions of paragraph 1, it may, without prejudiceto Article 169 of the Treaty, make proposals to the Council for theadoption of appropriate general measures. The Council shall decide by
qualified majority.
Article 26
1. Detailed rules for the application of Article 25 may be adopted in
accordance with the procedure laid down in Article 36, particularly
regarding;
(a) verification of the engine power of fishing vessels;
(b) verification of the registered tonnage of fishing vessels;
(c) verification of the period during which a fishing vessel is
immobilized;
(d) verification of the specifications of fishing gear and their number per
fishing vessel.
2. Member States shall communicate to the Commission without
delay information on the control methods used, together with the namesand addresses of the bodies responsible for carrying out the verification.
Article 27
1. In order to facilitate the monitoring specified in Article 25, each
Member State shall establish a system of validation which shall includein particular verification by crosschecking information on fleet fishingcapacity and activity contained; inter alia :
— in the logbook as specified by Article 6,
— in the landing declaration as specified by Article 8,1993R2847 — EN — 01.07.1999 — 003.001 — 22
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— in the register of Community fishing vessels as specified in
Commission Regulation (EEC) No 163/89(1).
2. For that purpose, Member States shall establish or complete
existing computerised databases containing the relevant information
about fleet fishing capacity and activities.
3. The measures referred to in Article 19 (3), (4) and (5) shall apply.4. Detailed rules for implementation of this Article shall be adopted
in accordance with the procedure laid down in Article 36.
TITLE VI
Inspection and control of certain measures concerning the common
organization of the market in fishery products
Article 28
1. In order to ensure compliance with the technical aspects of the
rules regarding the measures defined in Council Regulation (EEC) No
3759/92 of 17 December 1992 on the common organization of themarket in fishery and aquaculture products(
2), each Member State shall
organize on its own territory regular checks of all persons involved inthe application of the measures.
2. The checks shall concern the technical aspects of applying:
(a) the marketing standards, and in particular minimum sizes;
(b) the price arrangements, in particular;
— withdrawal of products from the market for purposes other than
human consumption,
— storage and/or processing of products withdrawn from the
market.
Member States shall carry out comparisons between the documents
relating to the first placing on the market of the quantities referred to inArticle 9 and the quantities landed referred to by the documents,particularly as regards their weight.
2a. Where a minimum size has been fixed for a given species
pursuant to Article 4 of Regulation (EEC) No 3760/92, operatorsresponsible for the selling, stocking or transporting of batches offisheries products of that species smaller than the minimum size must beable to prove the geographical area of origin or the provenance fromaquaculture of the products at all times. The Member States shall carry
out the necessary controls in order to prevent the problems that might
exist in their territory because of the transport or the marketing ofundersized fish.
3. Member States shall notify the Commission of information relating
to the Control measures adopted, the competent control authorities, the
type of infringements discovered and the action taken.
The Commission, the competent authorities in the Member States and
officials and other agents are obliged not to divulge informationacquired pursuant to this Article which is covered by professionalsecrecy.
4. This Article shall not prejudice national provisions concerning the
secrecy of legal proceedings.1993R2847 — EN — 01.07.1999 — 003.001 — 23
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TITLE VIa
Monitoring the fishing activities of third-country vessels
Article 28a
For the purposes of this Title ‘third-country fishing vessels’ means:
— a vessel, whatever its dimensions, used primarily or secondarily to
take fisheries products,
— a vessel that, even if not used to make catches by its own means,
takes the fisheries products by transhipment from other vessels,
— a vessel aboard which fisheries products are subject to one or more
of the following operations prior to packaging: filleting or slicing,
skinning, mincing, freezing and/or processing
and flying the flag of, and registered in, a third country.
Article 28b
1. Third-country fishing vessels shall be authorised to catch, retain on
board or process fishery products in the Community fishing zone onlyprovided they have been issued with a fishing licence and a specialfishing permit in accordance with Article 9 of Regulation (EC) No 1627/94(
1).
2. In addition, third-country fishing vessels may only tranship or
process if they have prior authorisation from the Member State in whosewaters the opeation will take place. Third-country fishing vessels shallbe permitted to carry out transhipments or fishing operations involving
joint action by two or more vessels only if they have obtained a prior
authorisation to tranship or to process from the Member State concernedand they fulfil the conditions set out in Article 11 of this Regulation.
3. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 36.
Article 28c
Al third-country fishing vessels operating in the Community fishing
zone shall be subject to the following obligations:
— to record, in a logbook, the information referred to in Article 6,
— from 1 January 2000 at the latest, for vessels exceeding 20 metres
between perpendiculars or 24 metres overall length, to be equippedwith a VMS position monitoring system approved by the Commis-sion,
— until the VMS system is introduced, to comply with a system for
reporting movements,
— to comply with a system for reporting catches retained on board,
— to comply with the instructions of the authorities responsible for
monitoring, particularly as regards the inspections prior to leavingthe Community fishing zone,
— to comply with the rules on the marking and identification of fishing
vessels and their gear.
Article 28d
The Commission shall determine the date from which catches of a stock
or group of stocks subject to quota taken by third-country fishing vesselsshall be deemed to have exhausted the quota. The Commission shall
notify the third country and the Member States concerned of this date
without delay.
As from this date, fishing for that stock or group of stocks by such
vessels as well as the retention on board, the transhipment and thelanding of fish taken after that date shall be provisionally prohibited.1993R2847 — EN — 01.07.1999 — 003.001 — 24
(1) Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general
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The Commission shall also determine the date up to which tranship-
ments and landings or final catch declarations are permitted.
Article 28e
1. Masters of third-country fishing vessels or their representatives
must notify the competent authorities of the Member State whose ports
or landing facilties they wish to use, at least 72 hours before the
estimated time of arrival at the port, of the following:
— their time of arrival at the port of landing,
— the catches retained on board,— the zone or zones where the catch was made, whether in the
Community fishing zone, in zones under the jurisdiction or
sovereignty of a third country or on the high seas.
Landing operations may not commence until authorised by the
competent authorities of that Member State.
2. Except in cases of force majeure or where a vessel is in distress,
third-country fishing vessels may put in only at the ports designated bythe Member State whose ports or landing facilities they wish to use.
3. The Commission, in accordance with the procedure laid down in
Article 36, may grant an exemption for certain categories of third-country fishing vessels from the obligation stipulated in paragraph 1 fora limited and renewable period, or make provision for another
notification period taking into account, inter alia, the distance between
the fishing grounds, landing places and ports where the vessels inquestion are registered or listed.
4. Paragraphs 1 and 2 shall apply without prejudice to special
provisions in fisheries agreements concluded between the Communityand various third countries.
Article 28f
Masters of third-country fishing vessels or their representatives shall
submit as soon as possible, but not later than within 48 hours afterlanding, to the authorities of the Member State whose ports or landingfacilities they use a declaration indicating the quantity of fishery
products by species landed and the date and place of each catch. Masters
shall be responsible for the accuracy of such declarations.
Each Member State shall forward to the Commission, at its request,
information on landings by third-country fishing vessels.
Article 28g
Where the master or his representative of a third-country fishing vessel
declares that catches have been taken on the high seas, the competent
authorities shall authorise landing only if it has been proved to theirsatisfaction by the master or his representative that:
— the species retained on board have been caught outside the regulatory
areas of any competent international organisations of which theCommunity is a member, or
— the species retained on board have been caught in compliance with
the conservation and management measures adopted by thecompetent regional organisation of which the Community is amember.
Article 28h
Detailed rules for the application of this Title, including the lists of
designated ports, shall be adopted in accordance with the procedure laiddown in Article 36 in concert with the Member States concerned.1993R2847 — EN — 01.07.1999 — 003.001 — 25
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TITLE VII
Application and verification of monitoring
Article 29
1. The Commission shall verify the application of this Regulation by
the Member States by means of the examination of documents and byconducting on-the-spot visits. The Commission may decide if itconsiders it necessary to carry out verification without prior notice.
In order to carry out on-the-spot visits, the Commission shall issue
written instructions to its inspectors indicating their authority and the
objectives of their missions.
2. Wherever it is deemed necessary by the Commission, its inspectors
can be present at control and inspection activities carried out by national
control services. In the framework of these missions, the Commission
shall establish appropriate contacts with Member States with a view,wherever possible, to establishing a mutually acceptable inspectionprogramme.
(a) Member States shall cooperate with the Commission in order to
facilitate it in the accomplishment of its tasks. Member States shall,in particular, take all necessary steps to ensure that the inspectionmissions are not subject to publicity injurious to the inspection and
control operations.
Wherever the Commission or its authorized officials encounter
difficulties in the execution of their duties, the Member Statesconcerned shall provide the Commission with the means toaccomplish its task and give the inspectors the opportunity toevaluate the specific control operations.
(b) If circumstances found on the spot do not allow the inspection and
control operations envisaged in the framework of the initialinspection programme the Commission inspectors, in liaison andagreement with the competent national control service, shall modifythe initial inspection and control operation.
(c) In the framework of sea or air inspection where the competent
national services must carry out other priority tasks relating to, in
particular, defence and safety at sea, the authorities of the MemberState shall reserve the right to defer or redirect the inspectionoperations the Commission intended to observe. In such circum-stances, the Member State shall cooperate with the Commission inmaking alternative arrangements.
In the case of sea or air inspections, the commander of the vessel or
aircraft shall be in sole charge of the operations, taking account ofthe obligation on the part of his authorities to apply this Regulation.The inspectors authorized by the Commission and participating inthese operations shall abide by the rules and procedures laid downby the commander.
3. Where it appears necessary, particularly following missions carried
out by Community inspectors in accordance with paragraph 2 showing
that irregularities could occur in the application of this Regulation, the
Commission may request Member States to notify it of the detailedinspection and control programme planned or fixed by the nationalcompetent authorities for a specified period and or stated fisheries andregions. On receipt of this notification, the inspectors authorized by theCommission shall, wherever the Commission deems it necessary, carry
out independent inspections in order to verify the implementation of that
programme by the competent authorities of a Member State.
When the Community inspectors verify the implementation of that
programme, the agents of the Member State shall at all times beresponsible for the carrying out of said programme. The Communityinspectors may not on their own initiative use the powers of inspectionconferred on national agents. The said inspectors shall not have access tovessels or premises unless accompanying agents of a Member State.1993R2847 — EN — 01.07.1999 — 003.001 — 26
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Following that verification the Commission shall transmit to the
Member State concerned an evaluation report on the programme and,if appropriate, recommend control measures in order to improve the
application of control by that Member State.
3a. Community inspectors may, in the context of verification without
prior notice, conduct observations on the implementation of thisRegulation.
During their observation visits, Community inspectors, accompanied by
national inspectors and without prejudice to applicable Community lawand complying with the rules of procedure provided for in the laws ofthe Member State concerned, shall have access to the relevant files anddocuments and to the public premises and places, vessels and private
premises, land and means of transport where the activities covered by
this Regulation take place, in order to collect data (not containing namedreferences) necessary for the accomplishment of their task.
Following such verifications without prior notice, the Commission shall
forward a report on the observations made to the Member Stateconcerned without delay.
4. In the context of inspection missions conducted by aircraft at sea
or ashore, the authorized inspectors may not carry out controls withrespect to natural persons.
5. In the framework of their visits mentioned in paragraphs 2 and 3,
inspectors authorised authorized the Commission may have on-the-spot
access, in the presence of the services responsible, to information in
specified data bases either in aggregate or individual form and may alsoexamine all documents pertinent to the application of this Regulation.
If national provisions provide for the confidentiality of investigations,
communication of this information shall be subject to the authorizationof the competent court.
Article 30
1. Member States shall provide the Commission with such informa-
tion as it may request on the implementation of this Regulation. Insubmitting a request for information, the Commission shall specify areasonable time limit within which the information is to be supplied.
2. If the Commission considers that irregularities have occurred in the
implementation of this Regulation or that the existing monitoringprovisions and methods are not effective it shall inform the Member
State or States concerned, which shall then conduct an administrative
inquiry in which Commission officials may participate.
The Member States concerned shall inform the Commission of the
results of the inquiry and forward a copy of the report drawn up notmore than three months after the Commission's request. This period maybe extended by the Commission, on a duly motivated request from aMember State, for a reasonable delay.
In order to participate in the inspections referred to in this paragraph,
Commission officials shall produce written instructions stating their
identity and their functions.
3. Where Commission officials participate in an inquiry, that inquiry
shall at all times be conducted by the officials of the Member State;
Commission officials may not, on their own initiative, use the powers ofinspection conferred on national officials; on the other hand, they shallhave access to the same premises and to the same documents as thoseofficials.
In so far as national provision on criminal proceedings reserve certain
acts to officials specifically designated by national law, Commissionofficials shall not take part in such actions. In particular, they shall not1993R2847 — EN — 01.07.1999 — 003.001 — 27
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participate in searches of premises or in the formal questioning of
persons under national criminal law. They shall, however, have access tothe information thus obtained.
4. This Article shall not prejudice national provisions concerning the
secrecy of legal proceedings.
TITLE VIII
Measures to be taken in the case of non-compliance with the rules in
force
Article 31
1. Member States shall ensure that the appropriate measures be taken,
including of administrative action or criminal proceedings in conformitywith their national law, against the natural or legal persons responsiblewhere common fisheries policy have not been respected, in particularfollowing a monitoring or inspection carried out pursuant to this
Regulation.
2. The proceedings initiated pursuant to paragraph 1 shall be capable,
in accordance with the relevant provisions of national law, of effectivelydepriving those responsible of the economic benefit of the infringements
or of producing results proportionate to the seriousness of such
infringements, effectively discouraging further offences of the samekind.
2a. The Council, acting on the basis of Article 43 of the Treaty, may
draw up a list of types of behaviour which seriously infringe theCommunity rules referred to in Article 1 and to which the MemberStates undertake to apply proportionate, dissuasive and effectivesanctions.
3. The sanctions arising from the proceedings mentioned in paragraph
2 may include depending on the gravity of the offence:
— fines,
— seizure of prohibited fishing gear and catches,
— sequestration of the vessel,
— temporary immobilization of the vessel,— suspension of the licence,— withdrawal of the licence.
4. The provisions of this Article shall not prevent the Member State
of landing or transhipment from transferring prosecution of an
infringement to the competent authorities of the Member State ofregistration with the agreement of the latter and on condition that thetransfer is more likely to achieve the result referred to in paragraph 2.The Commission shall be notified of any such transfer by the Member
State of landing or transshipment.
Article 32
1. Where an infringement of the provisions of this Regulation is
discovered by the competent authorities of the Member State of landingor transshipment, those competent authorities shall take appropriate
action in accordance with Article 31 against the master of the vessel
involved or against any other person responsible for the infringement.
2. If the Member State of landing or transshipment is not the flag
Member State and its competent authorities do not undertake, in
conformity with their national law, appropriate measures including the
initiation of administrative action or criminal proceedings against thenatural or legal persons responsible, or do not transfer prosecution inaccordance with Article 31 (4), the quantities illegally landed ortransshipped may be set against the quota allocated to that formerMember State.1993R2847 — EN — 01.07.1999 — 003.001 — 28
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The quantities of fish to be set against that Member State's quota shall be
fixed in accordance with the procedure laid down in Article 36 after theCommission has consulted the two Member States concerned.
If the Member State of landing or transshipment no longer has a
corresponding quota at its disposal, Article 21 (4) shall apply mutatis
mutandis , the quantities of fish illegally landed or transshipped being
deemed to be equivalent to the amount of the prejudice suffered, asmentioned in that Article, by the Member State of registration.
Article 33
1. The competent authorities of Member States shall without delay
and in compliance with their procedures under national law notify theflag Member State or the Member State of registration, of anyinfringement of the Community rules referred to in Article 1, indicatingthe name and the identification marks of the vessel involved, the namesof the master and the owner, the circumstances of the infringement, any
criminal or administrative proceedings or other measures taken and any
definitive ruling relating to such infringement. Upon request, MemberStates shall notify the Commission of this information in specific cases.
2. Following a transfer of prosecution pursuant to Article 31 (4), the
flag Member State or the Member State of registration shall take allappropriate measures as set out in Article 31.
3. The flag Member State or the Member State of registration shall
notify the Commission without delay of any measures taken inaccordance with paragraph 2 along with the name and the externalidentification of the vessel concerned.
TITLE VIIIa
Cooperation among the authorities responsible for monitoring in the
Member States and with the Commission
Article 34
The terms and conditions on which the competent authorities
responsible for monitoring the application of this Regulation in theMember States shall collaborate among themselves and with theCommission in order to ensure compliance with the rules of the
common fisheries policy shall be as set out below.
Article 34a
1. The Member States shall provide each other with the mutual
assistance needed to carry out the checks provided for in this Title.
2. Where an inspection or surveillance operation by the competent
authorities of a Member State reveal that Community fishing vessels orvessels flying the flag of a third country and registered in a third country
have carried out the fishing activities referred to in Article 2 in a way
likely to infringe the Community rules, the Member State in questionshall immediately notify all relevant information to the flag MemberState of the vessel or vessels concerned, the other Member Statesconcerned and the Commission. The other Member States concerned are
the Member States in whose territory or waters the activities in question
are being or are likely to be carried out.
The Member State in question may request the other Member States
concerned to carry out special checks, giving specific reasons for theirrequest.
The Member States shall keep each other informed, and shall inform the
Commission, of the action they take in response to such requests,including, where applicable, the results of the checks and anyproceedings relating to infringements.
3. The Member States shall inform each other of the national
measures taken to that end, particularly those taken pursuant to Article9(2) of Regulation (EEC) No 3760/92.1993R2847 — EN — 01.07.1999 — 003.001 — 29
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4. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 36.
Article 34b
1. In the case of verifications with prior notice in a Member State, the
Commission may arrange for its inspectors visiting a Member State to be
accompanied by one or more fisheries inspectors from another Member
State as observers, with the approval of the Member State to be visited.Upon request from the Commission the sending Member State cannominate at short notice the national fisheries inspectors selected asobservers.
Member States may also draw up a list of national fisheries inspectors
whom the Commission might invite to be present at such verifications.The Commission can invite national inspectors included in that list orthose notified to the Commission upon request.
The Commission shall, where appropriate, place the list at the disposal
of all the Member States.
2. Member States may also carry out, among themselves and on their
initiative, monitoring, inspecting and surveillance programmesconcerning the fisheries activities.
Article 34c
1. The Commission, in accordance with the procedure laid down in
Article 36 and in concert with the Member States concerned, shalldetermine which fisheries involving two or more Member States shall be
subject to specific monitoring programmes which may not last longer
than two years, and the conditions governing such programmes. Theseprogrammes shall state their objectives and the expected results of themeasures specified and the strategy required to ensure that theinspections are as effective and economical as possible.
2. The Member States concerned shall adopt the necessary measures
to facilitate implementation of the specific monitoring programmes,particularly as regards the human and material resources required andthe periods and zones where these are to be deployed.
3. The Commission shall evaluate the performance of each specific
monitoring programme and communicate to the Council and theEuropean Parliament the result of such evaluation.
TITLE IX
General provisions
Article 35
1. Not later than 30 April each year, the Member States shall transmit
to the Commission a report on the application of this Regulation duringthe previous calendar year.
2. On the basis of the reports submitted by the Member States and its
own observations, the Commission shall draw up a factual report everyyear and an assessment report every three years to be submitted to theCouncil and the European Parliament. It shall publish this assessment
report along with the Member States' replies and, where appropriate,
measures and proposals to mitigate the shortcomings discovered.
3. Detailed rules for the provision of information to meet the
requirements of this Article shall be adopted in accordance with the
procedure laid down in Article 36, particularly the information
concerning:
— the technical and human resources for fisheries monitoring, and the
time effectively devoted thereto,
— the laws, regulations and administrative provisions that the Member
States adopt to prevent and prosecute irregularities,1993R2847 — EN — 01.07.1999 — 003.001 — 30
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— the results of inspections or checks carried out pursuant to this
Regulation, including the number and type of infringementsdiscovered and the action taken, and in particular with respect to
the types of behaviour referred to in Article 31(2a),
— the application measures and actions pursuant to Article 19,
particularly with regard to the assessment of the reliability of the
data.
Article 36
Where the procedure laid down in this Article is to be followed, the
chairman shall refer the matter to the Management Committee forFisheries and Aquaculture, hereinafter called ‘the Committee’, set up byRegulation (EEC) No 3760/92, either on his own initiative or at the
request of the representative of a Member State.
The representative of the Commission shall submit to the Committee a
draft of the measures to be taken. The Committee shall deliver its
opinion on the said draft within a time limit which the chairman may laydown according to the urgency of the matter under consideration. Theopinion shall be delivered by the majority laid down in Article 148 (2)of the Treaty in the case of decisions which the Council is required toadopt on a proposal from the Commission. The votes of the
representatives of the Member States within the Committee shall be
weighted in the manner set out in that Article. The chairman shall notvote.
The Commission shall adopt measures which shall apply immediately.
However, if these measures are not in accordance with the opinion of theCommittee, they shall be communicated by the Commission to theCouncil forthwith. In that event, the Commission may defer applicationof the measures which it has decided for a period of not more than one
month from the date of such communication.
The Council, acting by a qualified majority, may take a different
decision within the time limit laid down in the preceding paragraph.
Article 37
1. Member States and the Commission shall take all necessary steps
to ensure that the date received in the framework of this Regulation shallbe treated in a confidential manner.
2. The names of natural or legal persons shall not be communicated
to the Commission or to another Member State except in the case wheresuch communication is expressly provided for in this Regulation or if it
is necessary for the purposes of preventing or pursuing infringements or
the verification of apparent infringements.
The data referred to in paragraph 1 shall not be transmitted unless they
are aggregated with other data in a form, which does not permit thedirect or indirect identification of natural or legal persons.
3. The data exchanged between Member States and the Commission
shall not be transmitted to persons other than those in Member States orCommunity institutions whose functions require them to have suchaccess unless the Member States transmitting the data give their expressconsent.
4. The data communicated or acquired in whatever form by virtue of
this Regulation is covered by professional secrecy and shall benefit from
the same protection accorded to similar date by the national legislation
of Member State receiving them and by the corresponding provisionsapplicable to Community institutions.
5. The data referred to in paragraph 1 shall not be used for any
purpose other than that provided for in this Regulation unless theauthorities providing the data give their express consent and oncondition that the provisions in force in the Member State of theauthority receiving the data do not prohibit such use or communication.1993R2847 — EN — 01.07.1999 — 003.001 — 31
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6. Paragraphs 1 to 5 shall not be construed as obstacles to the use of
the data, obtained by virtue of this Regulation, in the framework of legalactions or proceedings subsequently undertaken for the failure to respect
Community fisheries legislation. The competent authorities of the
Member State transmitting the data shall be informed of all instanceswhere the said data are utilised for these purposes.
This Article shall not prejudice the obligations pursuant to international
conventions concerning mutual assistance in criminal matters.
7. Whenever a Member State notifies the Commission that it has
been established after the completion of an inquiry that a natural or legal
person whose name has been communicated to it by virtue of the
provisions of this Regulation has not been implicated in an infringement,the Commission shall, without delay, inform any party or parties towhom it has communicated the name of the said person, of the outcomeof the said inquiry or proceedings. This person shall no longer be treated
as being a person implicated in the irregularities in question on the basis
of the first notification. The data stored in a form allowing identificationof the person concerned shall be deleted without delay.
8. The provisions of paragraphs 1 to 5 shall not be construed as
prohibiting the publication of any general data or any studies which donot contain individual references to natural or legal persons.
9. The data referred to in this Regulation shall be stored in a form
allowing the identification of the persons concerned only as long as
necessary for the fulfilment of the purposes in question.
10. The data received in the framework of this Regulation shall be
available upon request to the natural or legal persons concerned.
Article 38
This Regulation shall apply without prejudice to any national control
measures which go beyond its minimum requirements, provided thatthey comply with Community law and are in conformity with thecommon fisheries policy.
The national measures referred to in the first subparagraph shall be
communicated to the Commission in accordance with Article 2 (2) of
Council Regulation (EEC) No 101/76 of 19 January 1976 laying down a
common structural policy for the fishing industry(
1).
Article 39
1. Regulation (EEC) No 2241/87 shall be repealed on 1 January
1994, with the exception of Article 5, which shall continue to apply untilthe Regulations establishing the lists mentioned in Article 6 (2) of thepresent Regulation have entered into force.
2. References to the Regulation repealed by virtue of paragraph 1
shall be construed as references to this Regulation.
Article 40
This Regulation shall enter into force on 1 January 1994.Member States shall be exempted until 1 January 2000 from the
obligation to apply the provisions of Articles 6 and 8, insofar as theyconcern fisheries operations in the Mediterranean Sea.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1993R2847 — EN — 01.07.1999 — 003.001 — 32
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