Proposal for a COUNCIL REGULATION amending Regulation (EC) No 2791/1999 laying down certain control measures applicable in the area covered by the Convention on future multilateral cooperation in the north-east Atlantic fisheries

(presented by the Commission)

EXPLANATORY MEMORANDUM

A Scheme of Control and Enforcement was adopted by the North-East Atlantic Fisheries Commission (NEAFC) in 1998 and entered into force on 1 July 1999. It provides in particular for control measures that will apply to vessels flying the flag of Contracting Parties which operate in NEAFC areas, arrangements for inspections at sea which provide for reciprocal rights of inspection of vessels and the follow-up of infringements, and the inspection of non-Contracting Party vessels in port.

This Scheme was transposed into Community law by Council Regulation (EC) No 2791/1999 of 16 December 1999 laying down certain control measures applicable in the area covered by the Convention on future multilateral cooperation in the north-east Atlantic fisheries.

The Council of Fisheries Ministers of 22 November 1999 decided, moreover, to introduce an 'ad hoc arrangement' for Community inspection and monitoring for the year 2000, with the responsibility for inspections divided between the Commission and the Member States.

This 'ad hoc arrangement' was intended to allow sufficient time to evaluate the obligations of the Commission and the Member States, with the Commission required to submit appropriate proposals providing for a definitive regime before 30 September 2000.

Although this evaluation is underway, it now appears that this one-year period is too short to fully appreciate the implementation constraints of the NEAFC Scheme. Furthermore, the Commission has just launched an overall review of monitoring in international waters and, more particularly, of the application by the Community of the inspection schemes of the regional fisheries organisations in their regulatory areas.

The ad hoc arrangement should therefore be extended until 31 December 2003, with the Commission required to submit proposals by 30 September 2003 at the latest, and Regulation (EC) No 2791/1999 should be amended accordingly.

The Commission proposes that the Council adopt this Regulation.

2000/0280 (CNS)

Proposal for a COUNCIL REGULATION amending Regulation (EC) No 2791/1999 laying down certain control measures applicable in the area covered by the Convention on future multilateral cooperation in the north-east Atlantic fisheries

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C , , p. .

Having regard to the opinion of the European Parliament [2],

[2] OJ C , , p. .

Whereas:

(1) Article 30 of Council Regulation (EC) No 2791/1999 of 16 December 1999 laying down certain control measures applicable in the area covered by the Convention on future multilateral cooperation in the north-east Atlantic fisheries [3] provides for the provisions of certain Articles to remain in force on an ad hoc basis until 31 December 2000, with the Commission required to submit, before 30 September 2000 at the latest, any appropriate proposals providing for a definitive regime.

[3] OJ L 337, 30.12.1999, p. 1.

(2) Pending a proposal providing for a definitive regime, the ad hoc application of Articles 6(2) and (3), 8, 10 and 11 should be extended until 31 December 2003.

(3) Regulation (EC) No 2791/1999 should therefore be amended,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2791/1999 is hereby amended as follows:

1. The footnotes to Articles 6(3), 8, 10 and 11 are deleted.

2. In Article 30, the date "31 December 2000" is replaced by "31 December 2003" and the date "30 September 2000" is replaced by "30 September 2003".

Article 2

This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, [...]

For the Council

The President