COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 516 final 
Brussels, 22.11.1994 
Proposal for a 
COUNCIL REGULATION (EC) 
laying down the measures to be taken in respect of operatois who fail to comply with 
ceitain provisions relating to fishing contained in the Act of Accession of Norway, 
Austria, Finland and Sweden 
(presented by the Commission) 
*t 
EXPLANATORY MEMORANDUM 
In the framework of arrangements for access to waters, the Act of Accession of Norway, 
Austria, Finland and Sweden provides for lists of Norwegian vessels authorized to carry out 
fishing activities in certain waters of the present Member States, and for action to be taken 
against operators that do not comply with trie arrangements. 
The arrangements are similar to those applied in the framework of the Act of Accession of 
Spain and Portugal, subject to a transition period of, in principle, one year. 
Against this background, it would seem appropriate to apply to Norwegian vessels the same 
procedures as were laid down in Council Regulation (EEC) N° 3781/85 of 31 December 1985 
laying down the measures to be taken in resp>ect of operators who do not comply with certain 
provisions relating to fishing contained in trie Act of Accession of Spain and Portugal.1 
This proposal is based on that Regulation, and would require Norway to refrain for a certain 
period from entering in the draft lists Norwegian vessels that have œmmitted infringements. 
OJ N°L 363, 31.12.1985, p.26. 
6) 
PROPOSALFORA 
COUNCIL REGULATION (EQ N° ..../94 
of......... 1994 
laying down the measures to be taken in respect of operators who fail to comply with 
ceitain provisions relating to fishing contained in the Act of Accession of Norway, 
Austria, Finland and Sweden 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to the Act of Accession of Norway, Austria, Finland and Sweden, and in 
particular Article 39(8) thereof, 
Having regard to the proposal from the Commission, 
Whereas Article 39(2) of the Act of Accession lays down arrangements for a list ôf 
Norwegian vessels authorized to fish at the same time for demersal species in waters 
under the sovereignty or within the jurisdiction of the present Member States, and 
whereas Article 39(4) provides for a limited number of Norwegian vessels authorized to 
fish at the same time for pelagic species for limited periods in waters under the 
sovereignty or within the jurisdiction of the present Member States, 
Whereas, in order to ensure compliance with the ailes on access to waters and resources 
laid down in the Act of Accession, it is necessary to adopt provisions under which the 
Norwegian authorities prohibit, for a certain period, fishing by an operator who does not 
comply with those rules, supplementing Council Regulation (EEC) N° 2847/93 of 12 
October 1993 establishing a control system applicable to the common fisheries policy,1 
Whereas pursuant to Article 2(3) of the Treaty of Accession of Norway, Austria, Finland 
and Sweden, the institutions of the European Community may adopt before accession the 
1 OJ No L 261, 20.10.1993, p.! ~\ Us 
measures referred to in Article 39 of the Act of Accession, these measures entering into 
force subject to and on the date of accession. 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation lays down measures to ensure compliance with the rules in Article 39 
of the Act of Accession, governing access by "Norwegian vessels" to waters and 
resources. 
Article 2 
1. The competent authorities of the present Community Member States shall without 
delay notify the Commission and Norway of any infringement of the rules referred to in 
Article 1, giving the name and identification marks of the vessel concerned, the name of 
the skipper, owner and, where appropriate, charterer, the circumstances of the 
infringement and the penal, administrative or other measures taken, and any court 
decision relating to such infringement. 
2. On the basis of a judicial decision notified or in any other case of recorded 
infringement of the rules mentioned in paragraph 1, Norway may no longer enter the 
vessel concerned, under the conditions provided for in Articles 3 and 4, on the draft 
periodical lists which it submits to the Commission. 
Article 3 
1. Subject to paragraph 2, Norway may no longer enter the vessel for which the 
infringement has been recorded pursuant to Article 2(2) on a draft periodical list during 
a period of four months; this period may be extended to up to twelve months in the case 
of a further infringement. 
2. In the case of the specialized fishing referred to in Article 39(4) of the Act of 
Accession, the period of non-entry shall be two months and may be extended to up to 
four months m the case of a further infringement. 
Article 4 
1. Where ft has been recorded, pursuant to Article 2(2), that a vessel has fished 
without authorization, it may no longer be entered by the flag Member State on a draft 
periodic list: 
(a) for a period of four months in the case of the specialized fishing referred 
to in Article 39(4) of the Act of Accession; this period may be extended 
to up to six months in the case of a further infringement; 
(b) for a period of eight, months in the case of demersal fishing activities 
referred to in Article 39(2) of the Act of Accession; this period may be 
extended to up to eighteen months in the case of a further infringement. 
2. HoweverT instead of taking the measures provided for in paragraph 1, the Member 
State may refuse entry on a draft periodic list, for the same periods, to another vessel, 
fitted out by the owner or charterer of the first vessel, which, when the infringement 
occurred, appeared on a periodic list. 
Article 5 
This Regulation shall enter into force on 1 January 1995, subject to the entry into force 
of the provisions of the Treaty of Accession of Norway, Austria, Finland and Sweden 
referred to in this Regulation. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
done at Brussels, 
For the Council 
ISSN 0254-1475 
COM(94) 516 final 
DOCUMENTS 
** EN 11 03 01 
Catalogue number : CB-CO-94-542-EN-C 
ISBN 92-77-82401-8 
Office for Official Publications of the European Communities 
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