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 co-operation 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 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 co-operation in the north-east Atlantic fisheries.

At its 21st annual meeting on 12, 13, 14 and 15 November 2002, NEAFC adopted recommendations to amend the Scheme with regard to transhipments and joint fishing operations. Under Articles 12 and 15 of the NEAFC Convention, these recommendations became binding on the Contracting Parties on 6 February 2003. It is therefore necessary to amend Regulation (EC) no 2791/1999 in order to take account of these amendments to the Scheme.

In order to ensure monitoring of fishing activities in NEAFC the Council of Fisheries Ministers of 22 November 1999 decided 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 flag Member States concerned.

The one-year period was insufficient to allow for the implementation constraints to be fully appreciated. The Commission therefore proposed that the ad hoc arrangement be extended to 31 December 2003. The Council however decided to adopt an extension of the ad hoc arrangement only until 31 December 2002 in Regulation (EC) No 215/2001 amending 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 co-operation in the north-east Atlantic fisheries.

It is therefore appropriate to extend the ad hoc arrangement until 31 December 2004. Regulation (EC) No 2791/1999 should be amended accordingly. As regards the involvement of the Commission under this "ad hoc arrangement", in accordance with Articles 23(2) and 24 of Regulation (EC) Nº 2371/2002 Member States shall be solely responsible for inspection and surveillance of the activities of the vessels flying their flag carried out beyond Community waters. Therefore, the Commission will only coordinate Community inspection and monitoring with the responsibility for inspections divided between flag Member States. The Commission is committing itself to submit a proposal for a definitive regime by 31 December 2004 at the latest. In this context, the Commission will consider options for a definitive regime in NEAFC, in the light of the outcome of the feasibility study on the Joint Inspections Structure [1], to be carried out in co-ordination with the Member States.

[1] Communication from the Commission to the Council and the European Parliament "Towards uniform and effective implementation of the Common Fisheries Policy" COM (2003) 130 final of 21.3.2003.

2003/0125 (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 co-operation 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 [2],

[2] OJ C , , p.

Having regard to the opinion of the European Parliament [3],

[3] OJ C , , p.

Whereas:

(1) Council Regulation (EC) No 2791/1999 laying down certain control measures applicable in the area covered by the Convention on future multilateral co-operation in the north-east Atlantic fisheries [4] lays down the general rules and conditions for the application of the Scheme of control and enforcement in respect of fishing vessels fishing in areas beyond the limits of national fisheries jurisdiction in the NEAFC Convention area (hereinafter called 'the Scheme');

[4] OJ L 337 of 31.12.1999, p. 1. Regulation amended by Regulation (EC) No 215/2001

(2) The North East Atlantic Fisheries Commission adopted recommendations in November 2002 to amend the Scheme with regard to transhipments and joint fishing operations;

(3) Under the NEAFC Convention, these recommendations became binding on the Contracting Parties on 6 February 2003. The Community should apply these recommendations;

(4) Article 30 of Regulation (EC) No 2791/1999 provides for certain Articles to remain in force on an ad hoc basis until 31 December 2002, with the Commission committing itself to submit, before 30 September 2002 at the latest, any appropriate proposals providing for a definitive regime.

(5) Pending a proposal providing for a definitive regime, the ad hoc application of Articles 6(3), 8, 10 and 11 should be extended until 31 December 2004.

(6) Regulation (EC) No 2791/1999 should therefore be amended.

HAS ADOPTED THIS REGULATION:

Article 1

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

1. In Article 2 the following points 11, 12 and 13 are added:

"11. "fishing vessel" means any vessel equipped for commercial exploitation of living aquatic resources, including fish processing vessels and vessels engaged in transhipment;

12. "transhipment operation" means the transfer, over the side, of any quantity of fish, molluscs, crustaceans and/or fishery products retained on board, from one fishing vessel to another."

13. "joint fishing operation" means any operations between two or more vessels where catch is taken from the fishing gear of one fishing vessel to another."

2. In Article 4 paragraph 1 is replaced by the following:

"1. Only Community fishing vessels which have been issued a special fishing permit by their flag Member state shall be authorised, on the conditions set out in the permit, to fish, keep on board, engage in transhipment or joint fishing operations and land fishery resources from the Regulatory Area."

3. In Article 5 (2) the following subparagraph is added:

"However, Member States may exempt from keeping a log book indicating catches of fish a Community fishing vessel engaged in transhipment operations which on-loads quantities on board."

4. In Article 6 (1) points c) and d) are replaced by the following:

"c) the quantities held on board when a vessel leaves the Regulatory Area. These reports shall be transmitted no earlier than 8 hours and no later than 6 hours in advance of each departure from the Regulatory Area. It shall include where appropriate, the number of fishing days and the catches taken in the Regulatory Area since the commencement of fishing, or since the last catch report."

"d) the quantities loaded and unloaded for each transhipment of fish and the catch taken on board in joint fishing operations during the vessel's stay in the Regulatory Area. These reports shall be transmitted no later than 24 hours after the completion of the transhipment or joint fishing operation

5. In Article 9 the following subparagraph shall be added:

"A master of a Community fishing vessel engaged in transhipment operations which on-loads quantities on board shall not engage in fishing activities, including joint fishing operations, during the same trip."

6. Article 24 is replaced by the following:

"Article 24

Transhipments and joint fishing operations

A master of a Community fishing vessel shall not engage in transhipment or joint fishing operations with non-Contracting Party vessels."

7. In Article 30, the date "31 December 2002" shall be replaced each time by "31 December 2004" and the date "30 September 2002" shall be replaced by "31 December 2003".

Article 2

This Regulation shall enter into force on the 7th day following that of its publication in the Official Journal of the European Communities.

Article 1 (7) shall apply from 1 January 2003.

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

Done at Brussels,

For the Council

The President