COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 461 final 
Brussels, 23 September 1993 
$&*« 
Amended proposal for a 
COUNCIL REGULATION (EEC) 
SETTING UP LICENSING ARRANGEMENTS FOR FISHING WITHIN THE REGULATORY 
AREA DEFINED BY THE NAFO CONVENTION BY VESSELS FLYING THE FLAG OF 
A MEMBER STATE OR REGISTERED AT A COMMUNITY PORT 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
A 
EXPLANATORY MEMORANDUM 
In order to ensure a policy of conservation and rational management of fishery 
resources in the NAFO zone, in line with the recommendations of the Scientific 
Council, the Commission produced a proposal for a Council Regulation (EEC) 
setting up licensing arrangements for fishing within the regulatory area 
defined by the NAFO Convention by vessels flying the flag of a Member State or 
registered at a Community port(^). This proposal was transmitted to the 
Council on 16 September 1992. 
The aim is to introduce a licensing system to regulate fishing by Community 
vessels which would complement the existing system of TACs and quotas. 
On 23 June 1993 Parliament adopted a resolution containing its opinion on this 
proposal and including 15 amendments. The resolution confirms the need for a 
licensing system in order to achieve a balance between the capacity of the 
fishing fleets and the resources available in the NAFO zone. 
The Commission has agreed to incorporate the following amendments into its 
original proposal, recognizing that they reflect a common concern to improve 
the management of fishing effort by Community vessels: 
access will be authorized on the basis of maximum fishing effort and plans 
which break this down into a maximum number of authorized vessels and/or 
fishing days (Article 4(2)); 
the period allowed for forwarding proposed lists of vessels for which a 
licence is required will be two months, and the final lists will be adopted 
at least 30 working days before these lists come into effect (Article 7(1) 
and Article 8(1)); 
the period for which a licence is requested may cover two consecutive years 
(Article 8(3a)); 
in the event of force majeure, lack of notification of a vessel's movements 
will not lead to the withdrawal of its licence (Article 17). 
However, the Commission has not accepted the other amendments, because: 
they relate to matters which have already been tackled in other Council 
Regulations (EEC) or they would be incompatible with other provisions, 
particularly those of Council Regulation (EEC) No .... establishing a 
control system applicable to the common fisheries policy(^); 
they deal with problems which need first to be clarified at international 
level (use of the flag of convenience); 
(1) COM(92)394 final, 14 September 1992. 
(2) not yet published. 
- 2 -
or 
they deal with structural issues which are beyond the scope of this 
proposal. 
The adoption by the Council of this proposal incorporating Parliament's 
amendments will demonstrate the unanimous agreement of the political 
institutions on the need to ensure responsible fishing practices in the NAFO 
zone. 
^ 
AMENDED PROPOSAL FOR A COUNCIL REGULATION (EEC) 
SETTING UP LICENSING ARRANGEMENTS FOR FISHING WITHIN THE REGULATORY 
AREA DEFINED BY THE NAFO CONVENTION BY VESSELS FLYING THE FLAG OF 
A MEMBER STATE OR REGISTERED AT A COMMUNITY PORT 
The proposal is amended as follows 
Article 4(2) 
The maximum fishing effort authorized shall be determined by fishing type 
and sub-area for each Member State in accordance with the provisions 
adopted by the Council under Articles 2 and 4_ of the above-mentioned 
Regulation. Each Member state shall submit to the Commission a plan 
breaking down this fishing effort into the maximum number of vessels 
and/or the maximum number of fishing days authorized. These plans shall 
be approved in accordance with the procedure laid down under Article 18 
ot the above-mentioned Regulation. 
Article 7(1) 
Member states shall forward to the Commission every year, not later than 
two months before the beginning of the fishing authorization period, 
proposed lists of vessels for which a licence is required to fish under 
the terms of this Regulation. 
Article 8(1) 
The Commission shall examine the proposed lists and adopt final lists of 
vessels to which the terms of this Regulation apply, and shall transmit 
these lists to the authorities of the Member States concerned at the 
latest 30 working days before the beginning of the lists' validity. 
Vessels shown on the lists adopted by the commission shall be deemed to 
hold a licence authorizing them to fish under the terms set out in this 
Regulation. 
Article 8(3a) inew) 
The period for which the licence is requested may cover two consecutive 
years. 
Article 17 
If over an eight-day period the Commission receives no notification as 
referred to in Article 11 in regard to a vessel holding a licence, the 
licence shall be withdrawn, except in the event of force majeure. 
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ISSN 0254-1475 
COM(93) 461 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-93-503-EN-C 
ISBN 92-77-59571-X 
Office for Officiai Publications of the European Communities 
Lr2985 Luxembourg