Proposal for a Council Regulation amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (presented by the Commission)

EXPLANATORY MEMORANDUM

In November 2000, the International Council for the Exploration of the Sea (ICES) indicated that certain stocks were at serious risk of collapse.

At the Council meeting of 14-15 December 2000, the Commission and the Council noted the need to establish a recovery plan for those stocks.

To ensure the success of the new conservation and management measures, measures must be laid down to control fishing of those stocks.

Therefore, to guarantee compliance with the quotas applicable to those stocks, provisions must be made for a mechanism allowing, after suspension of fishing once the quota has been exhausted, prohibition of the use of fishing gear likely to induce catches of a stock or groups of stocks subject to a recovery plan.

Indeed, the use of fishing gear associated with by-catches could threaten the success of recovery plans, the essential feature of which is strict compliance with the fishing quotas allocated to the Member States.

The ban on fishing gear will be drawn up on the basis of the fishing gear identified by the Council in its Regulations establishing recovery plans as gear likely to induce significant by-catches of the stock or group of stocks subject to a recovery plan.

The aim of this proposal is therefore to amend Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy so as to introduce these new control measures which will ensure better compliance with the quotas.

The planned amendment involves Article 21 on the suspension of fishing activities, to provide for:

- an obligation on the flag Member State to provisionally prohibit, from the date of suspension of the quota, the use by its vessels of fishing gear likely to induce catches of a stock or groups of stocks subject to a recovery plan;

- an obligation on the Commission, when it prohibits fishing due to exhaustion of a quota by a Member State, to prohibit on the same date the use or keeping on board of fishing gear likely to induce catches of a stock or groups of stocks subject to a recovery plan.

The Commission therefore proposes that the Council adopt the attached proposal as quickly as possible and transmit it to the European Parliament.

2001/0096 (CNS)

Proposal for a Council Regulation amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy

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 21 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy [3] lays down that Member States and the Commission shall suspend fishing activities where catches subject to a quota are deemed to have exhausted that quota.

[3] OJ L 261, 20.10.1993, p. 1, as last amended by Council Regulation (EC) No 2846/98 (OJ L 358, 1.12.1998).

(2) When the Council draws up a recovery plan for a stock or group of stocks due to a serious risk of collapse, it is imperative to lay down additional measures to control the activities of fishing vessels in order to guarantee compliance with the conditions for fishing those stocks.

(3) To guarantee effective application of the measures adopted, therefore, where the quota of a Member State or of the Community for a stock or group of stocks subject to a recovery plan has been exhausted and fishing has been prohibited, the use or keeping on board of fishing gear likely to induce catches of species of a stock or group of stocks in the area concerned should be prohibited.

(4) The fishing gear which may not be used or kept on board fishing vessels is identified by the Council in its Regulations drawing up recovery plans.

(5) Regulation (EEC) No 2847/93 should therefore be amended,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2847/93 is hereby amended as follows:

The following paragraph 3a is added to Article 21:

"3a. When a Member State and/or the Commission has prohibited fishing for a stock or group of stocks subject to a recovery plan pursuant to paragraphs 2 or 3, it shall also prohibit, from the date laid down in paragraph 2 or 3, the use and keeping on board of the vessels concerned fishing gear identified in the Council Regulation establishing the recovery plan as likely to induce catches of a stock or group of stocks subject to a recovery plan."

Article 2

This Regulation shall enter into force on the seventh 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