2847/93 - - - I
1This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
COUNCIL REGULATION (EEC) No 2847/93
of 12 October 1993
establishing a control system applicable to the common fisheries policy
(OJ No L 261, 20. 10. 1993, p. 1)
Amended by:
Official Journal
No page date
Council Regulation (EC) No 2870/95 of 8 December 1995 L 301 1 14. 12. 1995
Council Decision of 5 December 1995 (95/528/EC) L 301 35 14. 12. 1995Council Regulation (EC) No 2489/96 of 20 December 1996 L 338 12 28. 12. 1996Council Regulation (EC) No 686/97 of 14 April 1997 L 102 1 19. 4. 1997Council Regulation (EC) No 2205/97 of 30 October 1997 L 304 1 7. 11. 1997Council Regulation (EC) No 2635/97 of 18 December 1997 L 356 14 31. 12. 1997
Corrected
by:
C1 Corrigendum, OJ No L 302, 15. 12. 1995, p. 45 (95/528/EC)
2847/93 - - - I
ICOUNCIL 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 T reaty establishing the EuropeanEconomic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parlia-
ment (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 fisheries and aquaculture (4), the
Council is to introduce a Community control system;
Whereas the success of the common fisheries policy in-
volves 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 man-
agement measures, structural measures and measures on
the common organization of the market, and certain provi-
sions to deal with failure to carry out these measures,
which must apply to the entire fisheries sector from the
producer 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 the Member States monitor and pre-
vent infringements in an equitable manner; whereas, there-
fore, the Commission should be provided with the finan-
cial, 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)h a ss h o w n
that there is a need to strengthen control of the applica-
tion of the rules governing conservation of fishery re-
sources;
Whereas compliance with measures for the conservation
and management of fishery resources requires an increased
sense of responsibility on the part of all operators in the
fishing industry;
(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).
2847/93 - - - I
IIWhereas policy on the management of fishery resources,
which is based in particular on total allowable catches
(TACs) and quotas and technical measures, is to be sup-
plemented by management of the fishing effort, which in-
volves 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 implementa-
tion of the rules concerning the common fisheries policy;
Whereas it is vital that Member States cooperate at the
operational level during inspections at sea of fishing acti-
vities, in order to permit effective 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 athird country present in Community waters, and in particu-
lar a system for communicating their movements and the
species held on board, without prejudice to the right of
innocent passage in the territorial sea and freedom of na-
vigation in the 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 1 January 1996, whether a
satellite surveillance system or an alternative system 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 a logbook 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; where-
as, to this end, it is necessary that those involved in the
landing and marketing of catches should declare the quan-
tities landed, transshipped, offered for sale of purchased;
2847/93 - - - I
IIIWhereas, in order to provide exemptions from the obliga-
tion to keep a logbook or complete a landing declaration
by small fishing vessels for which such an obligation would
constitute a disproportionate burden in relation to their
fishing capacity, it is necessary for each Member State to
monitor the activities of such vessels by the implementa-
tion 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 the Community should be ac-
companied, up to the point of first sale, by a transport
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; whereas therefore
it is necessary to provide for exceptions from this obliga-tion for small quantities landed, the computer transmission
of which would constitute a disproportionate administrative
and financial burden for the authorities of the Member
States;
Whereas, in order to ensure the conservation and manage-
ment of all the resources used, the provisions relating to
the logbook, the landing and sales declarations and the in-
formation concerning transshipments and registration of
catches may be extended to stocks which are not subject to
a TAC or quota;
Whereas the Member States must be informed of the re-
sults of the activities of their vessels in waters under the
jurisdiction of third countries or in international waters;
whereas the masters of these vessels should accordingly be
subject to the obligations relating to the logbook and the
landing and transshipment declarations; whereas the in-
formation gathered 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 agents must have access
to these data bases by computer transmission to carry out
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 are carried on board, unless they are
subject to additional control measures; whereas for specific
fisheries it may be appropriate to establish specific rulessuch 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 be prohibited by a Commission decision;
2847/93 - - - I
IVWhereas it is necessary to repair the prejudice suffered by
a Member State which has not exhausted its quota, its al-
location of part of a stock or 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 re-
spected by those responsible for fishing vessels should be
made subject to additional control measures for conserva-
tion purposes;
Whereas it is necessary, in order to guarantee efficient
management of the measures adopted, to provide for dec-
laration mechanisms in conformity with the management
objectives and strategies as laid down in Article 8 of Re-
gulation (EEC) No 3760/92, applicable to a Member 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 stipu-
lates that it is the task of the Council to set the objectives
and strategies for the restructuring of fishing effort; where-
as it is also necessary that compliance with the measures
on the common organization of the market be assured, in
particular by persons to 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 the
provisions set by the Council are complied with;
Whereas it is necessary to establish general rules to allow
Community inspectors appointed by the Commission to en-
sure the uniform application 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 verifica-
tions, it is important that Community inspectors may, in
certain conditions, effect missions without prior notice and
in an independent way, so as to verify the control oper-
ations carried out by the competent authorities of Member
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 fisher-
men to feel unfairly treated; whereas the absence of dis-
suasive sanctions in certain Member States reduced the ef-
fectiveness of controls and whereas, in the light of these
observations, Member States should take all the necessarynon-discriminatory measures to guard against and pros-
ecute irregularities, particularly by establishing a roster of
sanctions which effectively deprive the wrong-doers of the
commercial gain resulting from their infringements;
2847/93 - - - I
VWhereas the possibility for the flag Member State to en-
sure 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 therefore be made to
count catches made illegally against the quota of the
Member State of landing if that State has not brought ef-
fective proceedings;
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 imple-
mentation;
Whereas the confidentiality of the data collected in the
framework of this Regulation should be guaranteed;
Whereas this Regulation should not affect the national
provisions on monitoring, which, while coming within its
scope, go beyond its minimum provisions, provided how-
ever that such national provisions are in conformity with
Community law;
Whereas Regulation (EEC) No 2241/87 should be re-
pealed, 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 this Regulation;
Whereas it is necessary to provide a transitional period for
the implementation of specific provisions contained in cer-
tain Articles in order to allow the competent authorities of
the Member States to establish and adapt their procedures
to the requirements of the new Regulation;
Whereas the provisions of certain Articles, insofar as they
concern fisheries operations in the Mediterranean Sea,
where the common fisheries policy has not yet been inte-
grally applied, should enter into force on 1 January 1989,
HAS ADOPTED THIS REGULATION:
2847/93 - - - I
1Article 1
1. In order to ensure compliance with the rules of the
common fisheries policy, a Community system is hereby
established including in particular provisions for the techni-
cal 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-men-
tioned measures are not observed.
2. T o this end, each Member State shall adopt, in ac-
cordance with Community rules, appropriate measures to
ensure the effectiveness of the system. It shall place suffi-
cient means at the disposal of its competent authorities to
enable them to perform their tasks of inspection and con-trol 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 including those exercised
by vessels flying the flag of, or registered in, a third
country, without prejudice of the right of innocent passage
in the territorial sea and the freedom of navigation in the
200-mile fishing zone; 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 preju-
dice to the special provisions contained in fisheries agree-
ments concluded between the Community and third
countries or in International Conventions to which the
Community is a party.
TITLE I
Inspection and monitoring of fishing vessels and their
activities
Article 2
1. In order to ensure compliance with all the rules in
force concerning conservation and control measures, each
Member State shall, within its territory and within mari-
time waters subject to its sovereignty or jurisdiction, moni-
tor fishing activity and related activities. It shall inspect
fishing vessels and investigate all activities thus enabling
verification of the implementation of this Regulation, in-
cluding the activities of landing, selling, transporting and
storing fish and recording landings and sales.
2. Fishing vessels, which may exercise activities, flying
the flag of third country and sailing in maritime waters
subject to the sovereignty or jurisdiction of a Member
State shall be subject to a system of communication of
movements and of catches held on board.2847/93
2847/93 - - - I
2Member States shall notify the Commission of the
measures taken to ensure compliance with these pro-
cedures.
3. Each Member State shall monitor, outside the Com-
munity fishery zone, the activities of its vessels in cases
where such control is required to ensure compliance with
Community rules applicable in those waters.
4. In order to ensure that inspection is as effective and
economical as possible, Member States shall coordinate
their control activities. T o that end, they may set up joint
inspection programmes to allow the inspection of Com-
munity fishing vessels in the waters referred to in para-
graphs 1 and 3. They shall take measures to permit their
competent authorities and the Commission to be regularly
informed on a reciprocal basis of the experience gained.
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 24 metres 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, pro-
vided that provisions have been made in Agreements
with the relevant third country or countries for the
application of a VMS to the vessels of such country
or countries operating in the waters of the Commun-
ity,
— 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. However, only in the situation where a third
country or countries have accepted the obligation to apply
a VMS to their vessels operating in the waters of the
Community, shall Community fishing vessels operating in
the waters of such third country or countries be subject to
the application of a VMS.
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; or2847/93
686/97
2847/93 - - - I
3(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 sup-
port as is applicable for vessels applying VMS under para-
graphs 1 and 2.
5. Member States shall ensure that satellite-tracking de-
vices be installed and be fully operational on Community
fishing vessels flying their 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 geographical
position and where applicable the effort reports referred to
in Article 19b. In the case of force majeure relevant in-
formation shall be communicated by radio via a radio sta-
tion approved under Community rules for the reception ofsuch 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 time fully operational and that the in-
formation referred to in paragraph 5 is transmitted. T rans-
mission 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 fishing activities and fishing effort. The
FMC shall be operational no later than 30 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 the port they are in, as well as
Community fishing vessels flying the flag of other Member
States and fishing vessels of third countries to which a
VMS applies operating in the waters under the sovereignty
or the jurisdiction of that particular Member State.
8. Each flag Member State shall appoint the competent
authorities responsible for the FMC and shall take the ap-
propriate measures to ensure that its FMC has the proper
staffing resources and is equipped with computer hardware
and software enabling automatic data processing and elec-
tronic data transmission. Member States shall provide for
back-up and recovery procedures in case of system failure.
Member States may operate a joint FMC.686/97
2847/93 - - - I
49. 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 another Member State or of a
third country to which a VMS applies are recorded in
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 into account the type of
monitoring system proposed, the type of fishing vessel or
vessels, the area or areas fished, the targeted species and
the duration of the fishing trips. The alternative system
must be as effective as a VMS and apply on a non-dis-
criminatory basis.
Article 4
1. The inspection and monitoring specified in Article 2
shall be carried out by each Member State on its own ac-
count by means of a system 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 undue interference with normalfishing activities. They shall also ensure that there is no
discrimination as regards the sectdor and vessels chosen
for inspection.
2. The persons responsible for the fishing vessels, prem-
ises or transport vehicles inspected shall cooperate in facili-
tating inspections carried out in accordance with paragraph
1.
Article 5
In accordance with the procedure laid down in Article 36,
detailed rules may be adopted for the implementation of
Articles 2, 3 and 4, concerning in particular:
(a) the identification of officially designated inspectors, of
inspection vessels and of such other like means of in-
spection as may be used by a Member State;
(b) the procedure to be used by inspectors and masters of
fishing vessels if an inspector wishes to board a vessel;686/97
2847/93
2847/93 - - - I
5(c) the procedure to be used by inspectors, having
boarded a fishing vessel, in inspecting that vessel, its
gear or its catches;
(d) the report to be drawn up by inspectors after each
boarding;
(e) the marking and identification of fishing vessels and
their gear;
(f) the certification of the characteristics of fishing vessels
related to fishing activities;
(g) the recording of data relating to the position of fish-
ing vessels and the transmission of such data to
Member States and the Commission;
(h) the system for communicating movements and fishery
products held on board applicable to fishing vessels
flying the flag of a third country.
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, indicating particularly the quantities of each
species caught and kept on board, the date and location
(ICES statistical rectangle) of such catches and the type of
gear used.
2. The species which are to be entered in the logbook
pursuant to paragraph 1 shall be those subject to TACs or
q u o t a s ,a sw e l la so t h e r si n c l u d e di nl i s t st ob ed e c i d e db y
the Council acting by a qualified majority on a proposal
from the Commission.
3. The masters of Community fishing vessels shall enter
in their logbook the quantities caught at sea, the date and
location of these catches and the species referred to in
paragraph 2. The quantities discarded at sea may be re-
corded 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 in paragraph 4.2847/93
2847/93 - - - I
66. Each Member State shall carry out, on the basis of
sampling, monitoring of the activities of fishing vessels
which are exempt from the requirements specified by para-
graphs 4 and 5 in order to ensure respect by these vessels
of the Community rules in force.
T o 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 regis-
ter the information required by paragraphs 1 and 3 either
in computer-readable form 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 utilize landing locations in a Member State other than
the flag Member State must inform the competent author-
ities in that Member State at least two hours in advance
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 cer-
tain categories of Community fishing vessels from the ob-
ligation stipulated in paragraph 1 for a limited and renew-
able 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 the competent authorities
of the Member State where the landing takes place. The
master shall be responsible for the accuracy of the declar-
ation, which shall indicate, as a minimum, the quantities
landed of each species stipulated in Article 6 (2) and the
area where they were caught.2847/93
2847/93 - - - I
72. The Council may decide, acting by a qualified major-
ity on a proposal from the Commission, to extend the ob-
ligation set out in paragraph 1 to vessels having on overall
length of less than 10 metres. The Council may also de-
cide, acting by a qualified majority on a proposal from the
Commission, exemptions from the obligation set out in
paragraph 1 for certain categories of vessels having an
overall length equal 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 the requirements specified by para-
graph 1 in order to ensure respect by these vessels of the
Community rules in force.
T o 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 tothe 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 authorized by
Member States, which are responsible for the first market-
ing of fishery products landed in a Member State shall
submit, upon the first sale, a sales note, the accuracy of
which shall be the responsibility of the said bodies, to the
competent authorities of the Member State in whose terri-
tory the first marketing takes place. This responsibility
shall be limited to the information requested in paragraph
3.
2. Should the first marketing of fishery products landed
in a Member State be carried out in a manner different
from that laid down in paragraph 1, the fishery products
landed shall not be removed by the buyer until a sales not
has been submitted to the competent authorities or other
authorized bodies of the Member State in whose territory
this operation has been carried out. The buyer shall be
responsible for the accuracy of the data indicated in para-
graph 3 which is contained in the sales note.
3. The sales notes referred to in paragraphs 1 and 2
shall contain as a minimum the following information:
— for all species, where appropriate, the individual size
or weight, grade, presentation and freshness,
— the price and quantity at first sale for each species,
and, where appropriate, on a individual size or
weight, grade, presentation and freshness basis.
— where appropriate, the destination of products with-
drawn from the market (by products, human con-
sumption, carry-over),
— the name of both the seller and the buyer,2847/93
2847/93 - - - I
8— t h ep l a c ea n dt h ed a t eo ft h es a l e .
4. These sales notes shall be completed and transmitted
in accordance with the law of the Member State of landing
in such a manner and under such conditions of sale to
include the following data:
— the external identification and the name of the fishing
vessel which landed the products in question,
— the name of the vessel’s owner or the master,
— the port and date of landing.
5. The sales notes mentioned in paragraph 1 shall be
transmitted within 48 hours of sale to the competent auth-
ority or other bodies authorized by the Member State,
either by computer or on paper.
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 the information submitted to the
competent authorities is recorded.
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 auth-
orities or other authorized bodies of the Member State for
fisheries products landed from certain categories of Com-
munity fishing vessels having an overall length of less than
10 metres.
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 consump-
tion 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 10
1. (a) Fishing vessels flying the flag of, or registered in,
a third country and which are authorised to carry
out fishing activities in the maritime waters
under the sovereignty or jurisdiction of a
Member State shall keep a logbook containing
the information described in Article 6.
(b) Each Member State shall ensure that the master
of a fishing vessel flying the flag of, or registered
in, a third country, or his representative, shall on
landing submit to the authorities of the Member
State whose landing facilities he wishes to use at
least 72 hours in advance of his time of arrival at
the port of landing.2847/93
2847/93 - - - I
9(c) The master of a fishing vessel flying the flag of,
or registered in, a third country must notify the
competent authorities of the Member State
whose landing facilities he wishes to use at least
72 hours in advance of his time of arrival at the
port of landing.
The master may not carry out any landing opera-
tion if the competent authorities of the Member
State have not confirmed the receipt of the ad-
vance notification.
Member States shall establish detailed rules of
implementation of this subparagraph to be noti-
fied to the Commission.
2. The Commission, in accordance with the procedure
laid down in Article 36, may grant an exemption for cer-
tain categories of third country fishing vessels from the ob-
ligation stipulated in paragraph 1c for a limited and renew-able 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.
3. The provisions of paragraphs 1 and 2 shall apply
without prejudice to the provisions provided for in fisheries
agreements concluded between the Community and certain
third countries.
Article 11
1. Without prejudice to Articles 7, 8 and 9, the master
of a Community fishing vessels who:
— transships to another vessel, hereinafter referred to as
‘the receiving vessel’, any quantities of catches of a
stock or group of stocks subject to a TAC or quota
irrespective of the place of transhipment, or
— directly lands such quantities outside Community
territory,
shall, at the time of the transshipment or of the landing,
inform the Member State whose flag his vessel is flying, or
in which his vessel is registered, of the species and quanti-
ties involved and of the date of transshipment or of land-
ing and of the location of catches by reference to the
smallest zone for which a TAC or quota has been fixed.
2. At the latest 24 hours before the beginning and at the
end of a transshipment or a series or transshipments, when
this takes place in a port or in maritime waters subject to
the sovereignty or jurisdiction of a Member State, the
master of the receiving vessel shall inform the competent
authorities of that Member State of the quantities of
catches of a stock or group of stocks subject to a TAC or
quota on board his vessel.2847/93
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10The master of the receiving vessel shall keep details of the
quantities of catches of a stock or group of stocks subject
to a TAC or quota received by transshipment, of the date
of receipt, and of the vessel transshipping such catches to
the receiving vessel. This requirement shall be deemed to
be met by retaining copies of the transshipment declar-
ation provided in accordance with the detailed rules for
recording information on Member States’ catches of fish.
At the end of the transshipment or series of transship-
ments, the master of the receiving vessel shall transmit
these details to the competent authorities referred to
above within 24 hours.
The master of the receiving vessel shall also keep details
of the quantities of catches of a stock or group of stocks
subject to a TAC or quota which are transshipped by the
receiving vessel to a third vessel, and shall inform the afo-
rementioned competent authorities of such transshipmentat least 24 hours before it takes place. Following transship-
ment, the master shall inform the said authorities of the
quantities transshipped.
The masters of the receiving vessel and of the third vessel
referred to above shall permit the competent authorities to
verify the accuracy of the information and details required
by this paragraph.
3. Member States shall take appropriate measures to
verify the accuracy of the information received under para-
graphs 1 and 2, and shall, where appropriate, inform the
Member State or Member States in which the receiving
vessel and the fishing vessel transshipping to the receiving
vessel are registered, or whose flag they are flying, of such
information and of the results of verification.
4. Paragraphs 2 and 3 shall also apply to a receiving
vessel flying the flag of, or registered in a third country.
Article 12
Where transshipment or landing is to take place more than
15 days after the catch, the information required in Ar-
ticles 8 and 11 shall be submitted to the competent auth-
orities of the Member State whose flag the vessels are fly-
ing or in which the vessels are registered not later than 15
days after the catch.
Article 13
1. All fisheries products landed in or imported into the
Community, either unprocessed or after having been pro-
cessed on board and which are transported to a place
other than that of landing or import, shall be accompanied
by a document drawn up by the transporter until the first
sale has taken place.2847/93
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112. This document shall:
(a) indicate the origin of the consignment (name of vessel
and its external identification);
(b) include the place of destination of the consignment(s)
and the identification of the transport vehicle;
(c) indicate the quantities of fish (in kilogrammes pro-
cessed weight) for each species transported, the
names of the consignee and the place and the date of
loading.
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 inArticles 8 or 10 pertaining to the quantities trans-
ported;
(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 quantities of fish are transported within the com-
pound of a port area or not more than 20 kilometres from
the point of landing.
6. Each Member State shall carry out control by means
of sampling on its territory in order to verify that the ob-
ligations established by this Article are being respected.
7. Member States shall coordinate their control activities
in order to ensure that inspection is as effective and econ-
omical as possible. T o this end, Member States shall par-
ticularly exercise surveillance over the movement of mer-
chandise which may have been drawn to their attention as
possibly being the subject of operations contrary to Com-
munity Regulations.
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
t h a tt h ef i r s tm a r k e t i n gb eb ys a l ea ta na u c t i o nc e n t r e .
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 States shall ensure that the quan-
tities involved are notified to the auction centres or other
bodies authorised by Member States.2847/93
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123. The information on landings by certain categories of
vessels subject to the derogations mentioned in Articles 7
and 8 or on landings in ports which do not have a suffi-
ciently developed administrative structure to register land-
ings may, at the request of a Member State to the Com-
mission, within 12 months of the entry into force of this
Regulation, be exempted from the requirement for such
information to be processed. Exemption may be agreed if
the registration of the requested data would create dispro-
portionate difficulties for the national authorities in rela-
tion to the total landings, and if the respective species
landed are sold locally. A list of ports and vessels qualify-
ing for such exemption shall be established by each
Member State and notified to the Commission.
4. A Member State benefiting from the derogation men-
tioned in paragraph 3 shall establish a sampling plan in
order to evaluate the extent of respective landings in thequalifying ports. This plan must be approved by the Com-
mission before any derogation is applied. The Member
State shall regularly transmit to the Commission the results
of evaluations.
Article 15
1 . B e f o r et h e1 5 t ho fe a c hm o n t h ,e a c hM e m b e rS t a t e
shall notify the Commission by computer transmission of
the quantities of each stock or group of stocks subject to
TACs or quotas landed during the preceding month and
shall provide it with any information received under Ar-
ticle 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 ex-
haustion in respect of the species for which the catches
made by fishing vessels flying its flag or registered there
are deemed to have exhausted 70% of the quota, alloca-
tion 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.2847/93
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133. Where the Commission finds that a Member State
has not complied with the deadline for transmitting the
data on monthly catches as 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, or
registered in, that Member State shall be deemed to have
exhausted 70% of the quota, allocation or share available
to that Member State and may set the estimated date on
which the quota, allocation or available share shall be
deemed to be exhausted.
4. Each Member State shall notify the Commission by
computer transmission, before the end of the first month
of each calendar quarter of 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 for sale or transshipments of fish-
ery products carried out in their ports of waters 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 groups of 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 in-
formation shall be transmitted within four working days
following the date of the request of the interested Member
State or within a further period of time which may be de-
termined by that Member 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 its request this information at the same
time as it is being communicated to the 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 on the high seas, and to
ensure verification and recording of transshipments and
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/or masters:2847/93
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14— 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 auth-
orities of the Member State of landing during land-
ings carried out in Community ports,
— the flag Member State shall be informed of the de-
tails 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 agree-
ments concluded between the Community 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 of the quantities caught in the fish-
ing waters referred to in Article 17 and landed during the
previous quarter and of all information received pursuant
to Article 17 (2).
2. Four catches made in third country waters the in-
formation notified in accordance with paragraph 1 shall be
broken down by third country and stock by reference to
the smallest statistical zone defined for the fishery con-
cerned.
Catches made on the high seas shall be notified by refer-
ence to the smallest statistical zone defined by the Interna-
tional Convention governing the catch location and by
species or group of species for all the stocks in the fishery
concerned.
3. Before 1 October each year, the Commission shall
make available to the Member States the information it
receives pursuant to this Article.
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 par-
ticular cross-checks and verification of data resulting 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 of data are standardized so as to
ensure compatibility between them throughout the territory
of the Member State.2847/93
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153. In the case where a Member State is unable to con-
form immediately to the requirements of paragraph 2, for
all or part of its fisheries, the Commission may at its re-
quest decide to accord a transitional period of up to a
maximum of three years from the date of entry into force
of this Regulation, in accordance with the procedure laid
down in Article 36.
4. A Member State obtaining such derogations shall
keep, by means of non-computerized documentation, re-
cords of the data referred to in paragraph 1 for a period
of three years and shall establish a sampling plan approved
by the Commission so as to enable on the spot verification
of the accuracy of this data. The Commission may carry
out verification on the spot, in its own right, in order to
evaluate the effectiveness of the sampling plan.
5. During the twelve months following the entry into
force of this Regulation, each Member State shall submitto the Commission a report describing the way in which
data is collected and verified, specifying the reliability of
such data. The Commission, in cooperation with the
Member States, shall draw up a summary of these reports
which it shall communicate to them.
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 Regula-
tion (EC) No 685/95 of 27 March 1995 on the manage-
ment of the fishing effort relating to certain Community
fishing areas and resources (1) to carry out fishing activities
in the fishing areas defined in Annex I to that Regulation
and to such vessels authorized by Member States to carry
out fishing activities directed at demersal species, in the
area situated south of latitude 56 ˚30 ΄north, east of longi-
tude 12 ˚west and north of latitude 50 ˚30 ΄north, herei-
nafter known as the “Irish Box”.
1a. Articles 19e, 19f, 19g, 19h and 19i shall apply toCommunity vessels authorized by the Member States, in
accordance with Article 2 of Council Regulation (EC) No
779/97 of 24 April 1997 introducing arrangements for the
management of fishing effort in the Baltic Sea (
2), to carry
out fishing activities in the fishing areas listed in theAnnex to that Regulation.
(1) OJ No L 71, 31. 3. 1995, p. 5.
(2) OJ L 113, 30. 4. 1997, p. 1.2847/93
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162. For the purpose of this Title, vessels over 18 metres
overall shall be considered equivalent to vessels over 15
metres between perpendiculars. Member States shall notify
the Commission of the method of measurement chosen.
Vessels 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 R egulation
(EC) No 779/97 shall not carry out fishing activities in the
areas referred to in paragraphs 1 and 1a
3. Notwithstanding the provisions of paragraph 1, Ar-
ticles 19b and 19c shall apply solely to Community fishing
vessels authorized to carry out fishing activities directed at
demersal species.
Article 19b
1. Masters of Community fishing vessels shall communi-
cate 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,
—t h e d a t e a n d t i m e o f :
— each entry into, and exit from, a part located in-
side 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 conductingtrans-zonal fisheries which cross the line separating areas
more than once during a 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 flying their flag comply with the
reporting obligation.
4. Detailed rules for implementation of this Article shallbe adopted, in accordance with the procedure laid down in
Article 36.2870/95
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17Article 19c
1. Masters of Community fishing vessels of their repre-
sentatives shall communicate the information referred to in
Article 19b by telex, by VMS, by fax, by telephone mess-
age duly recorded by the 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 ac-
cordance with the procedure laid down in Article 36, sim-
ultaneously 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 fishing activities in waters under the
sovereignty or jurisdiction of that Member State or
those Member States.
Such information shall be communicated immediately be-
fore 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 Com-
munity 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 sov-
ereignty or jurisdiction of their flag Member State or
the Member State in which the vessels are registered,
the masters or their representatives shall communicate
the information required under Article 19b to the
competent authorities of the flag Member State in ac-
cordance with arrangements 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
the Commission in due time of the arrangements en-
visaged,2870/95
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18— spend less than 72 hours at sea, but during that time
undertake fishing activities in the waters under the
sovereignty or jurisdiction of another Member State
or Member States, the masters or their representa-
tives 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, and of the flag Member
State, by the methods set out in paragraph 1. The
said competent authorities shall register this informa-
tion in computer form. Should changes occur in the
information provided, they shall be notified immedi-
ately to the said competent authorities by the master
or his representative.
3. Real-time automatic systems recognized under Com-
munity legislation shall, however, constitute a recognized
method of communication 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 fol-
lows:
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 static gear:
— the date and time of entry of the vessel using the
static gear into an area, or of exit from a port located
in that area,
— the date and time of setting or re-setting of static
gear in the area concerned,
— the date and time of the completion of fishing opera-
tions using the static gear,
— the date and time of exit of the vessel from that area
or of entry into a port located in that area.2870/95
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192. Notwithstanding paragraph 1, masters of Community
fishing vessels conducting trans-zonal fisheries as defined in
Article 19b shall record the date and time of their first
entry and of their last exit.
3. Masters of Community vessels exercising fishing acti-
vities directed at demersal species shall record the informa-
tion required under Article 19b in their logs.
4. For vessels exempt from the obligation to keep a log-
book the flag Member State shall carry out checks by
sampling to assess the overall effort 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 Re-
gulation (EC) No 109/94 of 19 January 1994 concerning
the fishing vessel register of the Community (1)s oa st o
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 and Article 2 of Regulation (EC) No
779/97.
2. The flag Member State shall transmit the data re-
ferred to in paragraph 1 in computer form, preferably by
electronic mail, in accordance 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 for control 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 re-
ferred to in Article 19a and in the Irish Box for demersal
fishing areas on the basis of available information con-
tained in vessels’ logbooks and information collected in ac-
cordance with Article 19e (4).
(1) OJ No L 19, 22. 1. 1994, p. 5.2870/95
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20Article 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 15 metres between perpendiculars or 18
metres overall in accordance with the provisions of Article
19a (2), in the fishing areas referred to in Article 19a and
in the Irish Box.
Article 19i
Each Member State shall inform the Commission, by com-
puterized 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 (1) and in the Irish Box for demer-
sal species, before the 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
t h ef i r s tm o n t ho fe a c hc a l e n d a rq u a t e r .
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 data resulting 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 in Council Regulation (EEC) No
3094/86 of 7 October 1986 laying down certain technical
measures for the conservation of fishery resources (1)f o r
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:
(1) OJ No L 288, 11. 10. 1986, p. 1. Regulation as last
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21(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 mesh sizes during the same voyage, the
species composition shall be calculated for each part of the
catch which has been taken under different conditions.
T o that end, all changes from the mesh size previously
used as well as the catch composition on board at the mo-
ment 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, by species, of
products processed, indicating where they are located in
the hold, shall be adopted in accordance with the pro-cedure laid down in Article 36.
3. Notwithstanding paragraphs 1 and 2 the Council may,
on the basis of a report drawn up by the Commission, de-
cide by qualified majority on a proposal from the Commis-
sion, that:
(a) no Community fishing vessel participating in particu-
lar fisheries may carry nets of different minimum
mesh sizes during a single fishing trip;
(b) specific rules shall apply to the use of nets of differ-
ent 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 Ar-
ticle 19a and in the Irish Box they may carry with them
and use only the corresponding fishing gear 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 gear corresponding to their activities
in the areas concerned, provided that gear 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 of Article 20 (1).
3. Provisions relating to the identification of static fish-
ing gear shall be adopted no later than 31 December 1996
in accordance with the procedure laid down in Article 36.2847/93
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22TITLE 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 applicable to 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 the fishing vessels flying its flag or regis-
tered in that Member State shall be deemed to have ex-
hausted the quota applicable to it for that stock or group
of stocks. As from that date, it shall provisionally prohibit
fishing for that stock or group of stocks by such vessels as
well as the retention on board, the transshipment and the
landing of fish taken after that date and shall decide on adate up to which transshipments and landings or final dec-
larations 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, the date on which, for a stock or
group of stocks, the catches subject to a TAC, quota or
other quantitative limitation made by fishing vessels flying
the flag of, or registered in, any Member State are deemed
to have exhausted the quota, allocation or share available
to that Member State or, as the case may be, to the Com-
munity.
When an assessment of this situation as referred to in the
first subparagraph is made, the Commission shall advise
the Member States concerned of the prospects of fishing
being halted as a result of a TAC being exhausted.
Community fishing vessels shall cease fishing in respect of
a stock or of a group of stocks subject to a quota or TAC
on the date on which the quota allocated for the stock or
group of stocks in question to that Member State is
deemed to have been exhausted or on the date on which
the TAC for the species constituting the stock or group of
stocks in question is deemed to have been exhausted; such
vessels shall equally cease retention on board, transship-
ment, landing or arranging for transshipment or landing in
respect of catches of such stocks or group of stocks taken
after that date.2847/93
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234. When the Commission has, by virtue of the first sub-
paragraph of paragraph 3, halted fishing because of the
alleged exhaustion of the TAC, quota, allocation or share
available to the Community and it transpires that a
Member State has not in fact exhausted its quota, alloca-
tion 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 appropriate
manner the prejudice caused, in accordance with the pro-
cedure laid down in Article 36. These measures may in-
volve making deductions from the quota, allocation or
share of the Member State which has overfished, the quan-
tities so deducted to be allocated appropriately to theMember Sates whose fishing activities were halted before
their quotas were exhausted. These deductions and the
consequent allocations shall be made taking into account
as a matter of priority the species and zones for which the
annual quotas, allocations or shares were fixed. These de-
ductions 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 accordance with 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 Re-
gulation (EC) 2027/95 of 15 June 1995 relating to certainCommunity 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 the maximum fishing in effort level in a fish-
ing area as laid down in the latter Regulation. As from
that date, it shall provisionally prohibit the fishing activities
of the said vessels in that area. The Commission shall be
notified forthwith of this measure and shall then inform
the other Member States.
(1) OJ No L 199, 24. 8. 1995, p. 1.2847/93
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24Article 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 fixed in Regulation (EC) No
2027/95, the Member State concerned shall notify the
Commission of the measures adopted pursuant to the sec-
ond 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 avail-
able information, the date on 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 acti-
vities in the fisheries concerned.
Article 22
Should the competent authorities of a Member State es-
tablish that the activities of a Community fishing vessel
have seriously or repeatedly failed to comply with this Re-
gulation, the flag Member State may subject 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 ident-
ifying marks and numbers of the vessel on which the said
additional control measures have been imposed.
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 of stocks available to it, the
Commission shall operate deductions from the annual
quota, allocation or share of the Member State which has
overfished. These deductions shall be decided in accord-
ance 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 ac-
cordance with the objectives and management strategiesset out in Article 8 of Regulation (EEC) No 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.2870/95
2847/93
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25TITLE 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) No 3760/92, in particular the quanti-
tative 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 and within the maritime waters under its sover-
eignty or jurisdiction, of all persons concerned by the im-
plementation of the abovementioned objectives.
Article 25
1. Each Member State shall adopt provisions to verify
compliance with the objectives referred to in Article 24. T o
that end, it shall carry out technical controls, particularly in
the following areas:
(a) restructuring, renewal and modernization of the fish-
ing 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 prejudice to Article 169 of the T reaty,
make proposals to the Council for the adoption of ap-
propriate 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.2847/93
2847/93 - - - I
262. Member States shall communicate to the Commission
without delay information on the control methods used,
together with the names and addresses of the bodies re-
sponsible for carrying out the verification.
Article 27
1. In order to facilitate the monitoring specified in Ar-
ticle 25, each Member State shall establish a system of
validation which shall include in particular verification by
crosschecking information on fleet fishing capacity and ac-
tivity contained; inter alia :
— in the logbook as specified by Article 6,
— in the landing declaration as specified by Article 8,
— in the register of Community fishing vessels as speci-
fied 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 acti-
vities.
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 inArticle 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 as-
pects of the rules regarding the measures defined in Coun-
cil Regulation (EEC) No 3759/92 of 17 December 1992 on
the common organization of the market in fishery and
aquaculture products (2), each Member State shall organize
on its own territory regular checks of all persons involved
in the application of the measures.
2. The checks shall concern the technical aspects of ap-
plying:
(a) the marketing standards, and in particular minimum
sizes;
(b) the price arrangements, in particular;
— withdrawal of products from the market for pur-
poses other than human consumption,
(1) OJ No L 20, 25. 1. 1989, p. 5.
(2) OJ No L 388, 31. 12. 1992, p. 1. Regulation as last
amended by Regulation (EEC) No 1891/93 (OJ N. L 172,15. 7. 1993, p. 1).2847/93
2847/93 - - - I
27— 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 in Article 9 and the quantities
landed referred to by the documents, particularly as re-
gards their weight.
3. Member States shall notify the Commission of in-
formation 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 information acquired pursuant to this Article which
is covered by professional secrecy.
4. This Article shall not prejudice national provisions
concerning the secrecy of legal proceedings.
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 examin-
ation of documents and by conducting on-the-spot visits.
The Commission may decide if it considers 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 acti-
vities carried out by national control services. In the frame-
work of these missions, the Commission shall establish ap-
propriate contacts with Member States with a view,
wherever possible, to establishing a mutually acceptable in-
spection programme.
(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 nec-
essary steps to ensure that the inspection missions 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 States concerned shall provide the Com-
mission with the means to accomplish its task and
give the inspectors the opportunity to evaluate the
specific control operations.2847/93
2847/93 - - - I
28(b) If circumstances found on the spot do not allow the
inspection and control operations envisaged in the
framework of the initial inspection programme the
Commission inspectors, in liaison and agreement with
the competent national control service, shall modify
the 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 Member State
shall reserve the right to defer or redirect the inspec-
tion operations the Commission intended to observe.
In such circumstances, the Member State shall coop-
erate with the Commission in making alternative ar-
rangements.
In the case of sea or air inspections, the commander
of the vessel or aircraft shall be in sole charge of theoperations, taking account of the obligation on the
part of his authorities to apply this Regulation. The
inspectors authorized by the Commission and partici-
pating in these operations shall abide by the rules and
procedures laid down by the commander.
3. Where it appears necessary, particularly following
missions carried out by Community inspectors in accord-
ance with paragraph 2 showing that irregularities could
occur in the application of this Regulation, the Commis-
sion may request Member States to notify it of the de-
tailed inspection and control programme planned or fixed
by the national competent authorities for a specified
period and or stated fisheries and regions. On receipt of
this notification, the inspectors authorized by the Commis-
sion shall, wherever the Commission deems it necessary,
carry out independent inspections in order to verify the
implementation of that programme by the competent auth-
orities of a Member State.
When the Community inspectors verify the implementation
of that programme, the agents of the Member State shall
at all times be responsible for the carrying out of said pro-
gramme. The Community inspectors may not on their own
initiative use the powers of inspection conferred on nation-
al agents. The said inspectors shall not have access to
vessels or premises unless accompanying agents of a
Member State.
Following that verification the Commission shall transmit
to the Member State concerned an evaluation report on
the programme and, if appropriate, recommend controlmeasures in order to improve the application of control by
that Member State.
4. In the context of inspection missions conducted by
aircraft at sea or ashore, the authorized inspectors may not
carry out controls with respect to natural persons.2847/93
2847/93 - - - I
295. In the framework of their visits mentioned in para-
graphs 2 and 3, inspectors authorised authorized the Com-
mission 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 also
examine all documents pertinent to the application of this
Regulation.
If national provisions provide for the confidentiality of in-
vestigations, communication of this information shall be
subject to the authorization of the competent court.
Article 30
1. Member States shall provide the Commission with
such information as it may request on the implementation
of this Regulation. In submitting a request for information,
the Commission shall specify a reasonable 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 monitoring provisions and methods are not ef-
fective it shall inform the Member State or States con-
cerned, which shall then conduct an administrative inquiry
in which Commission officials may participate.
The Member State or States concerned shall inform the
Commission of the progress and results of the inquiry and
provide the Commission with a copy of the report of the
inquiry and the main data used in the preparation of the
report.
In order to participate in the inspections referred to in this
paragraph, Commission officials shall produce written in-
structions 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 of inspection conferred
on national officials; on the other hand, they shall have
access to the same premises and to the same documents as
those officials.
In so far as national provision on criminal proceedings re-
serve certain acts to officials specifically designated by
national law, Commission officials shall not take part in
such actions. In particular, they shall not participate in
searches of premises or in the formal questioning of per-
sons under national criminal law. They shall, however,
have access to the information thus obtained.
4. This Article shall not prejudice national provisions
concerning the secrecy of legal proceedings.2847/93
2847/93 - - - I
30TITLE 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 conformity with their national law,
against the natural or legal persons responsible where com-
mon fisheries policy have not been respected, in particular
following 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 effectively depriving those responsible
of the economic benefit of the infringements or of produc-
ing results proportionate to the seriousness of such in-
fringements, effectively discouraging further offences of the
same kind.
3. The sanctions arising from the proceedings mentioned
in paragraph 2 may include depending on the gravity of
the offence:
—f i n e s ,
— 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 author-
ities of the Member State of registration with the agree-
ment of the latter and on condition that the transfer ismore 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 Re-
gulation is discovered by the competent authorities of the
Member State of landing or transshipment, those compet-
ent 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.2847/93
2847/93 - - - I
312. 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 administra-
tive action or criminal proceedings against the natural or
legal persons responsible, or do not transfer prosecution in
accordance with Article 31 (4), the quantities illegally
landed or transshipped may be set against the quota allo-
cated to that former Member State.
The quantities of fish to be set against that Member
State’s quota shall be fixed in accordance with the pro-
cedure laid down in Article 36 after the Commission 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 tothe amount of the prejudice suffered, as mentioned 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 proceduresunder national law notify the flag Member State or the
Member State of registration, of any infringement of the
Community rules referred to in Article 1, indicating the
name and the identification marks of the vessel involved,
the names of the master and the owner, the circumstances
of the infringement, any criminal or administrative pro-
ceedings or other measures taken and any definitive ruling
relating to such infringement. Upon request, Member
States shall notify the Commission of this information in
specific cases.
2. Following a transfer of prosecution pursuant to Ar-
ticle 31 (4), the flag Member State or the Member State
of registration shall take all appropriate measures as set
out in Article 31.
3. The flag Member State or the Member State of regis-
tration shall notify the Commission without delay of any
measures taken in accordance with paragraph 2 along with
the name and the external identification of the vessel con-
cerned.
Article 34
1. Member States shall notify the Commission of any
laws, regulations or administrative provisions adopted by
them in order to prevent and prosecute irregularities.
They shall notify each year any changes in the minimum
and maximum amount to the fines provided for in respect
of each type of infringement and the nature of any other
sanctions available.2847/93
2847/93 - - - I
322. Member States shall notify the Commission regularly
of the results of inspections or monitoring carried out
pursuant to this Regulation, including the number and type
of infringement discovered and the action taken. At the
request of the Commission, Member States shall notify it
of the amounts of the fines imposed for specific infringe-
ments.
3. The Commission shall provide the Member States
with a summary of the information received in accordance
with paragraphs 1 and 2.
TITLE IX
General provisions
Article 35
Before 1 June each year Member States shall transmit to
the Commission a report on the application of this Regula-
tion over the previous calendar year, containing an asses-
sment of the technical and human resources used and
measures which may help to alleviate any shortcomings
discovered. On the basis of the reports submitted by the
Member States and its own observations, the Commission
shall draw up an annual report and shall communicate to
each Member State the information which concerns it.
Having taken due note of the replies from the Member
States, the Commission shall publish this report along with
those replies and, where appropriate, proposals for
measures to alleviate the shortcomings discovered.
Article 36
Where the procedure laid down in this Article is to be
followed, the chairman shall refer the matter to the Man-
agement Committee for Fisheries and Aquaculture, herei-
nafter called ‘the Committee’, set up by Regulation (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 Com-
mittee shall deliver its opinion on the said draft within a
time limit which the chairman may lay down according to
the urgency of the matter under consideration. The opin-
ion shall be delivered by the majority laid down in Article
148 (2) of the T reaty in the case of decisions which theCouncil is required to adopt on a proposal from the Com-
mission. 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 not
vote.
The Commission shall adopt measures which shall apply
immediately. However, if these measures are not in accord-
ance with the opinion of the Committee, they shall be
communicated by the Commission to the Council forth-
with. In that event, the Commission may defer application
of the measures which it has decided for a period of not
more than one month from the date of such communica-
tion.2847/93
2847/93 - - - I
33The 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 shall be treated in a confi-
dential 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 where such communication is ex-
pressly 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 trans-
mitted unless they are aggregated with other data in a
form, which does not permit the direct or indirect identifi-
cation 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 or Community institutions whose
functions require them to have such access unless theMember States transmitting the data give their express
consent.
4. The data communicated or acquired in whatever form
by virtue of this Regulation is covered by professional se-
crecy and shall benefit from the same protection accorded
to similar date by the national legislation of Member State
receiving them and by the corresponding provisions appli-
cable 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 Re-
gulation unless the authorities providing the data give their
express consent and on condition that the provisions in
force in the Member State of the authority receiving the
data do not prohibit such use or communication.
6. Paragraphs 1 to 5 shall not be construed as obstacles
to the use of the data, obtained by virtue of this Regula-
tion, in the framework of legal actions or proceedings
subsequently undertaken for the failure to respect Com-
munity fisheries legislation. The competent authorities of
the Member State transmitting the data shall be informed
of all instances where 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.2847/93
2847/93 - - - I
347. Whenever a Member State notifies the Commission
that it has been established after the completion of an in-
quiry that a natural or legal person whose name has been
communicated to it by virtue of the provisions of this Re-
gulation has not been implicated in an infringement, the
Commission shall, without delay, inform any party or
parties to whom it has communicated the name of the said
person, of the outcome of 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
identification of the person concerned shall be deleted
without delay.
8. The provisions of paragraphs 1 to 5 shall not be con-
strued as prohibiting the publication of any general data or
any studies which do not 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 con-
cerned only as long as necessary for the fulfilment of the
purposes in question.
10. The data received in the framework of this Regula-
tion 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 that they comply with Community
law and are in conformity with the common fisheries
policy.
The national measures referred to in the first subpara-
graph shall be communicated to the Commission in ac-
cordance 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 until the Regulations establishing the
lists mentioned in Article 6 (2) of the present Regulation
have entered into force.
2. References to the Regulation repealed by virtue of
paragraph 1 shall be construed as references to this Re-
gulation.
Article 40
This Regulation shall enter into force on 1 January 1994.
Member State shall be exempted until 1 January 1996
from the obligation to apply the provisions of Articles 9,
15 and 18 in so far as they concern computer transmission
of sales notes and landing registration of sales notes and
landing registrations.
(1) OJ No L 20, 28. 1. 1976, p. 19.2847/93
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35Member States shall be exempted until 1 January 1999
from the obligation to apply the provisions of Articles 6, 8
and 19 in so far as they concern fisheries operations in the
Mediterranean Sea.2847/93