EN Official Journal of the European Union C 24/19

Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Regulation amending Regulation (EC) No 3317/94 as regards the transmission of applications for fishing licences to third countries’

(COM(2005) 238 final — 2005/0110 (CNS))

(2006/C 24/07)

On 16 June 2005 the Council decided to consult the European Economic and Social Committee, under Article 37 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 7 September 2005. The rapporteur was Mr Sarró Iparraguirre.

At its 420th plenary session, held on 28 and 29 September 2005 (meeting of 28 September), the European Economic and Social Committee adopted the following opinion by 162 votes to two with six abstentions.

1. Under the terms of Community fisheries agreements with third countries, a new protocol is negotiated in good time before the expiry of the existing one so as to avoid any interruption in the fleets' activities.

2. When the negotiations are completed, the Community and the third country sign the new text of the protocol and the annex thereto, together with an exchange of letters on the provisional application of the new protocol from a specific date. This provisional date is generally the day following the expiry date of the previous protocol.

3. To validate the signing of all these documents, the Commission departments start the procedure for producing a formal proposal which is then submitted to the Council for adoption.

4. This procedure comprises two strands: — A Council regulation, accompanied by the opinion of the European Parliament; — A Council decision which — allocates fishing opportunities between the Member States — approves the exchange of letters on the provisional application of the new protocol.

5. It may be several months before the Council adopts the formal proposal, with the decision being adopted some months after the provisional application date laid down in the exchange of letters, as the date on which negotiations end depends on the third country.

6. In such cases it is not possible, during the intervening period from the provisional application date, to start taking advantage of the fishing opportunities provided for in the new protocol.

7. The procedures and implementing rules which the Commission and the flag Member State are to follow for managing fishing by Community vessels under fisheries agreements, and for handling fishing licences with third countries, are governed by Council Regulation (EC) No. 3317/94 of 22 December 1994 (1).

8. The present proposal seeks to add a subparagraph to Article 5(2) of Regulation 3317/94, which concerns the sending of fishing-licence applications. The new subparagraph would allow the Commission to process licence applications from Member States immediately and send them on to the third country without having to wait for Council adoption of the decision on provisional application of the new protocol.

9. The Committee agrees that it is important to avoid any suspension of fishing activities. Bearing in mind that the method of allocating fishing opportunities used in the previous protocol would continue to apply, that account would be taken of the principle of relative stability, and that this should be without prejudice to the provisions adopted subsequently by the Council, the Committee endorses the Commission proposal.

Brussels, 28 September 2005 The President of the European Economic and Social Committee Anne-Marie SIGMUND

(1) OJ L 350, 31.12.1994.