1.10.86 Official Journal of the European Communities No C 245/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation amending Regulation (EEC) No 2057/82 establishing certain 
control measures for fishing activities by vessels of the Member States 
COM(86) 474 final 
(Submitted by the Commission to the Council on 17 September 1986) 
(86/C 245/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Regulation (EEC) No 170/83 
of 25 January 1983 establishing a Community system for 
the conservation and management of fishery 
resources (x), and in particular Article 11 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Whereas supervisory measures to ensure compliance with 
Community provisions regarding conservation have 
already been established by Council Regulation (EEC) 
No 2057/82 (2), as last amended by Regulation (EEC) 
No 3723/85 (3); 
Whereas it is necessary for the Member States' 
inspectorates' activities to cover all fishing vessels, 
including those of third countries, and all activities 
whose monitoring would enable verification of the 
implementation of Regulation (EEC) No 2057/82; 
Whereas it is appropriate to clarify the extent of the duty 
of the Member States to record landings of stocks or 
groups of stocks subject to TACs or quotas, whether 
within Community waters or not, and to enable records 
of such landings to be verified; 
Whereas it is necessary for conservation reasons to 
ensure that fishing on a stock or group of stocks subject 
O OJNoL24, 27. 1. 1983, p. 1. 
O OJ No L 220, 29. 7. 1982, p. 1. 
O OJ No L 361, 31. 12. 1985, p. 42. to quantitative restriction can be prohibited upon the 
exhaustion of the quota, allocation or share available to 
the Community; 
Whereas it is necessary to modify the conditions under 
which officials authorized by the Commission are 
entitled to act in order to verify the implementation of 
Regulation (EEC) No 2057/82, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 2057/82 is hereby amended as 
follows: 
1. The title is replaced by the following: 
'Council Regulation (EEC) No 2057/82 of 29 June 
1982 establishing certain control measures for fishing 
activities'. 
2. Article 1 (1) and (2) are replaced by the following: 
'1. In order to ensure compliance with all the regu­
lations in force concerning conservation and control 
measures, each Member State shall, within its 
territory and within maritime waters subject to its 
sovereignty or jurisdiction, monitor and inspect 
fishing vessels and all activities whose monitoring 
would enable verification of the implementation of 
this Regulation, including the activities of landing, 
selling and storing fish and recording landings and 
sales. 
2. If the competent authorities of a Member State 
observe, as a result of an inspection carried out by 
them under paragraph 1, that a fishing vessel or any 
person responsible for an activity referred to in that 
paragraph does not comply with the relevant regu­
lations concerning conservation and control measures, 
they shall take penal or administrative action against 
the skipper of such a vessel or any other person 
responsible.' 
No C 245/6 Official Journal of the European Communities 1.10.86 
3. The first subparagraph of Article 2 (1) is replaced by 
the following: 
'The inspection and monitoring referred to in Article 1 
shall be carried out by each Member State on its own 
account by an inspectorate appointed by it.' 
4. Article 7 (1) is replaced by the following: 
'1. Whithout prejudice to Article 6, the skipper of a 
fishing vessel flying the flag of, or registered in, a 
Member State who: 
— tranships to another vessel ("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 landing, or 
— directly lands such quantities outside Community 
territory, 
shall at the time of the transhipment 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 quantities involved and of the date of transfer or 
of landing and of the location of catches by reference 
to the smallest zone for which a TAC or quota has 
been fixed and administered. If the catches have been 
made in waters under the sovereignty or jurisdiction 
of third countries, this information must be indicated 
separately by reference to the waters of each of the 
third countries concerned.' 
5. Article 7 (4) is deleted. 
6. The first subparagraph of Article 9(1) is replaced by 
the following: 
'1. Member States shall ensure that all landings by 
fishing vessels flying the flag of, or registered in, a 
Member State of stocks or groups of stocks subject to 
TACs or quotas are recorded. For this purpose, 
Member States may require that the first placing on 
the market be made by sale by public auction.' 
7. The following paragraph is added to Article 9: 
'4. Each Member State shall keep, or cause to be 
kept, records by vessel of individual landings and of 
the related first sales and shall ensure that the 
notifications to the Commission referred to in 
paragraph 2 may be followed back to the original 
source documents which shall be held for a period of 
five years from the beginning of the year following 
the year in which the related landings were made.' 8. The first subparagraph of Article 10 (3) is replaced by 
the following: 
'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 
quantitative limitation made by the fishing vessels 
flying the flag of, or registered in, a Member State 
are deemed to have exhausted the quota, allocation or 
share available.' 
9. Article 12 (4) (a) is replaced by the following: 
'(a) To that end, officials authorized by the 
Commission shall be entitled to be present, as 
deemed necessary by the Commission, at 
inspections and monitoring carried out by 
national departments. The Commission shall 
establish appropriate contacts with Member 
States with a view, wherever possible, to 
establishing a mutually acceptable programme of 
inspection and monitoring. Member States shall 
cooperate with the Commission in the fulfilment 
of this task. If it is not possible to establish a 
mutually acceptable programme and also during 
the course of inspection or monitoring, the 
Commission shall have the right to indicate 
when, where and in what manner inspection or 
monitoring shall be carried out. However, where 
inspection at sea or from the air is concerned, in 
duly substantiated cases where the relevant 
national departments must carry out other 
priority tasks relating to, in particular, defence, 
security or customs inspections, the authorities of 
the Member State shall retain the right to defer 
or redirect inspection operations at which the 
Commission intends to be present; in such 
circumstances the Member State shall cooperate 
with the Commission in making alternative 
arrangements.' 
Article 2 
This Regulation shall enter into force on the first day of 
the month following the month of 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.