COMVIISSION OF THE EUROPEAN COMVKJNITIES 
C0M(93) 496 final 
Brussels, 15 October 1993 
Proposal for a 
COUNCIL REPSHI ATIQN (EEC) 
establishing a Community system of fishing licence: 
(presented by the Commission) 
A 
EXPLANATORY MEMORANDUM 
The common fisheries policy, which guarantees the conservation of fishery 
resources and thus the viability of European fishing, cannot achieve its aims 
unless its rules are complied with. Discussions within the Community 
institutions concerning the 1991 report on the common fisheries policy* and 
the report on monitoring application of the CFP^ showed inter alia that it 
was necessary to introduce a more? effective mechanism for monitoring the 
activity of Community vessels both in Community waters and outside this sea 
area. These discussions also revealed concern in the fishing industry as 
regards the inf lexiiaility of certain traditional mechanisms while the 
implementation of more flexible rules can only increase the need for 
effective monitoring of the management of resource exploitation. 
In the light of thesa discussions, the Council adopted, on a proposal from 
the commission and ha/ing regard to the opinion of Parliament: 
- Regulation (EEC) No 3760/S2 establishing a Community system for fisheries 
and aquaculture-^, Article E> of which provides for the adoption of a 
Community system of fishing licences before 31 December 1993; and 
- Regulation (EEC) No..../93 establishing a control system applicable to the 
common fisheries policy4 which is based inter alia on the introduction of 
fishing licences. 
In accordance with the principles and mechanisms of the reform of the CFP as 
agreed when the abovementioned Regulations were adopted, this proposal 
provides for the establishment of the Community system of fishing licences 
referred to in Article 5 of Regulation (EEC) No 3760/92. 
In accordance with the abovementioned Article 5 this proposal is based on the 
principle that Member States will manage the fishing activities of vessels 
flying their flag with due respect for Community rules on the matter. 
As regards existing special Community systems of fishing licences, which 
consist of prior authorizaticm for fishing, it is planned for the Member 
States to administer the fishing licences in compliance with a Community 
procedure making it possible for the Commission to ensure that Community 
provisions are complied with. This procedure should limit the tasks to be 
carried out at Community level to the absolute minimum required to ensure the 
transparency and effectiveness of this system. 
As for the national fishing licence systems, it is proposed that the Member 
states should inform the Commission of their existence. 
1 SEC (91) 2288 final, 4.12.1991. 
2 SEC (92) 394 final, 6.3.1992. 
3 OJ No L 389, 31.12.1992, p. 1. 
4 not yet published. ../ 
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As regards fishing activities by Community vessels in the waters of non-
member countries under fishing agreements, it is proposed that, following 
authorization from a non-member country, the flag Member state should 
authorize the vessel concerned to carry out the activities provided for. This 
authorization granted to the vessel concerned confirms the obligations of the 
flag Member Stat with regard to the management of its fishing fleet, under 
the terms provided for in the fishing agreement with that non-member country. 
Existing practice is retained for fishing licences for vessels flying the 
flags of non-member countries operating in the Community fishing zone. The 
Commission will administer these fishing licences on behalf of the community. 
Consequently, the introduction of a general Community system of fishing 
licences applicable to all vessels, issued and administered by the Member 
states a? proposed, will help improve the regulation of exploitation, in 
accordance with the aims of the abovementioned Article 5, and will not affect 
the flag Member state's role as manager of its fishing fleet. 
In view of the fact that activities by fishing vessels flying its flag often 
take place in a sea area and in fishing ports which do not come under its 
sole sovereignty, the flag Member state must rely on the cooperation of the 
other Member states. In this respect the Commission thinks provision should 
be made to ensure appropriate cooperation between the competent authorities 
of the Member States responsible for supervision in maritime waters under 
their sovereignty or jurisdiction, and the competent authorities of the flag 
Member states. 
In the light of the foregoing the Commission therefore proposes that the 
Council adopt this proposal establishing a Community system of fishing 
licences. 
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PROPOSAL FOR A COUNCIL REGULATION (EEC) No /93 
of 1993 
establishing a Community system of fishing licences 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, and 
in particular Article 43 thereof, 
Having regard to the opinion of the European Parliament1, 
Having regard to the opinion of the Economic and Social Committee^, 
Having regard to the proposal from the Commission, 
Whereas, in order to help improve the regulation of exploitation and its 
transparency, Article 5 of Council Regulation (EEC) No 3760/92 of 
20 December 1992 establishing a Community system for fisheries and 
aquaculture^ provides for the introduction of a general community system of 
fishing licences; 
Whereas it is therefore necessary to establish the principles and certain 
rules of application at Community level in order for each Member state to be 
able to manage the fishing activities of the vessels flying its flag; 
Whereas Council Regulation (EEC) No ..../93 of /93 establishing a 
control system applicable to the common fisheries policy^ provides inter 
alia for rules concerning the monitoring of conservation and resources 
management measures; whereas this framework should be supplemented in order 
to ensure greater transparency of the exploitation of resources by individual 
vessels; whereas it is therefore necessary to provide that fishing licences 
must certify information on identification characteristics and on fixed and 
variable characteristics determining fishing effort; 
1 
2 
3 OJ No L 389, 31.12.1992, p. 1. 
4 0JNoL , 1993,p. ../ 
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Whereas some exploitation activities are subject to prior authorization in 
the form of a permit incorporated in the fishing licences issued; whereas 
therefore provision should be made for the issuing of fishing permits under 
this system; 
Whereas, in accordance with Article 5 of Regulation (EEC) No 3760/92, fishing 
licences are to be issued and administered by the Member States subject to 
any provisions to the contrary at community level; whereas in this respect 
there are some systems at Community level, in particular that provided for in 
Article 7 of that Regulation, that must be administered by the Commission. 
Whereas, in accordance with Community provisions, the Commission issues and 
administers, on behalf of the Community, fishing licences for vessels flying 
the flag of third countries operating in the Community's fishing zone; 
whereas the information contained in fishing licences should correspond to 
the characteristics laid down in council Regulation (EEC) No 2930/86 of 
22 September 1986 defining characteristics for fishing vessels5 and the 
detailed rules laid down in Commission Regulation (EEC) No 1381/87 of 
20 May 1987 establishing detailed rules concerning the marking and 
documentation of fishing vessels6; whereas this information should 
correspond to the information furnished in accordance with Commission 
Regulation (EEC) No 163/89 of 24 January 1989 concerning the fishing vessel 
register of the Community7, 
Whereas provisions should be adopted under the national fishing licence 
systems making it possible for the competent authorities to check, at any 
time, the information on the identification, technical characteristics and 
equipment of vessels; 
5 OJ No L 274, 25.9.1986, p. 1. 
6 OJ No L 132, 21.5.1987, p. 9. 
7 OJ No L 20, 25.1.1989, p. 5. ../ 
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Whereas, under Community fishing licence provisions, access to certain areas, 
for some fisheries, is limited to vessels on the lists administered by the 
Commission; whereas therefore certain rules should be laid down to integrate 
such systems established by the aforementioned provisions into the Community 
fishing licence system; 
Whereas, to this end, the national fishing licence systems and the system 
governing Community vessels operating in the waters of third countries, 
should also be integrated; 
Whereas the possibility provided for in Regulation (EEC) No /93 of 
suspending or withdrawing a fishing licence should help to improve the 
regulation of exploitation; whereas provision should be made for the 
competent authorities of the Member state of which the vessel concerned is 
flying the flag to be able to initiate a procedure for suspending or 
withdrawing a fishing licence; 
Whereas it is necessary to lay down appropriate Community rules on 
cooperation between the competent authorities of the flag Member state and 
those of the Member States which have discovered an infringement in order to 
permit fair and transparent application of the provisions of Articles 32 and 
34 of the said Regulation; 
Whereas provisions should be laid down to make cooperation within the 
Community possible; 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. A Community system of fishing licences shall be established laying down 
rules on the minimum information to be contained in the fishing licences 
referred to in Article 5 of Regulation (EEC) No 3760/92. 
2. All Community fishing vessels and vessels flying the flag of a third 
country operating in Community fishing waters shall be required to have a 
fishing licence which is attached to the vessel. 
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3. Fishing vessels shall be forbidden to catch, retain on board, transfer or 
land fish where their fishing licence has been withdrawn or suspended. 
To this end the system requires that the fishing licences referred to in 
paragraph 1 should contain in particular minimum information on 
identification, technical characteristics, fishing operations and fishing 
permits and be drawn up in accordance with the model Community fishing 
licence in the Annex. 
Article 2 
For the purposes of this Regulation: 
"fishing permit" means a prior fishing authorization issued: 
- to a Community fishing vessel where exploitation activities in certain 
fishing zones, during a fixed period, are subject, for certain fisheries, 
to prior fishing authorization. 
- to a vessel flying the flag of a third country where it operates in 
Community fishing waters, in accordance with the provisions of the fishing 
agreement between that country and the Community. 
"fishing licence for Community vessels" means certification by flag Member 
States of the minimum information, in particular on the identification, 
technical characteristics and equipment of Community fishing vessels and, 
where applicable, of the information on the fishing permit referred to in 
Annex I; 
"fishing licence for vessels flying the flag of a third country" means 
certification by the Commission of the minimum information, in particular on 
the identification, technical characteristics and equipment of vessels flying 
the flag of a third country and of the information on the fishing permit 
referred to in Annex II; 
Article 3 
1. Each Member State, hereinafter referred to as the flag Member State, 
shall issue and administer fishing licences for the fishing vessels 
flying its flag in compliance with the provisions of Article 11 of 
Regulation (EEC) No 3760/92. 
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2. The Commission shall issue and administer on behalf of the Community the 
fishing licences for vessels flying the flag of a third country in 
accordance with Community rules taking due account of the provisions 
agreed under fishing agreements with third countries or under 
international agreements. 
Article 4 
1. Fishing vessels shall conduct their fishing activities in accordance with 
the conditions indicated on the permit. 
2. Vessels flying the flag of a third country must have a fishing permit 
granted in accordance with the provisions of this Regulation when they 
operate in Community fishing waters. 
"> TITLE I 
ADMINISTRATION OF FISHING LICENCES FOR COMMUNITY VESSELS 
Article 5 
1. The flag Member State shall ensure that the information on the 
identification, technical characteristics and equipment of each vessel 
flying its flag is accurate, and that it corresponds to the information 
contained in the community register of fishing vessels provided for in 
Commission Regulation (EEC) No 163/89. 
2. The flag Member State shall adopt the necessary measures to enable the 
abovementioned information to be checked at any time by the competent 
supervising authorities. 
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Article 6 
1. Where Community provisions provide for the regulation of the exploitation 
rate by means of a limitation of fishing effort, each flag Member state 
shall identify the vessels likely to exercise a fishing activity subject 
to such limitation for a fixed period. It shall ensure that these vessels 
meet the conditions laid down by the Council and forward the necessary 
information on them to the Commission. 
2. The Commission shall examine the information provided by the Member State 
and return to it the information which complies with community provisions 
and the Decisions taken pursuant to Article 9. 
3. Following communication from the Commission, the flag Member State shall 
grant the fishing licence which shall include a permit authorizing the 
vessels referred to in paragraph 2 to exercise the fishing activity 
referred to in paragraph 1. 
4. In order to enforce Community measures for the conservation and 
management of resources, the flag Member State may modify or suspend, 
fully or in part, any community fishing permit that it has issued. 
5. The detailed rules of application for this Article shall be adopted by 
the Commission in accordance with the procedure provided for in 
Article 18 of Regulation (EEC) No 3760/92. 
Article 7 
Where a flag Member State has adopted national provisions pursuant to 
Article 9 of Regulation (EEC) No 3760/92, in the form of a national fishing 
permit, relating to the distribution among individual vessels of the fishing 
availabilities allocated to it in accordance with Article 8 of that 
Regulation, it shall forward to the Commission information on the vessels 
authorized to exercise a fishing activity in a determined fishing zones, in 
accordance with these provisions. 
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2. Where the Member States, pursuant to Article 10 of Regulation (EEC) 
No 3760/92, have established a specific national permit scheme, they 
shall send the commission annually the list of information forming part 
of the corresponding permits and figures on the total associated fishing 
activities. 
3. The detailed rules of application for this Article shall be adopted in 
accordance with the procedure provided for in Article 18 of Regulation 
(EEC) NO 3760/92. 
Article 8 
1. Each flag Member state shall forward to the commission an application for 
the vessels flying its flag likely to exercise fishing activities under 
the fishing facilities granted to the community pursuant to a fishing 
agreement with a third country. It shall ensure that the application is 
in accordance with Community rules and the terms of such fishing 
agreement. 
2. The Commission shall examine the applications from each Member State in 
the light of the fishing facilities granted to it, where applicable 
pursuant to Article 8 of Regulation (EEC) No 3760/92, and any conditions 
laid down in the agreement applicable to community vessels. Following 
this examination, the Commission shall forward to the third country 
concerned a request for fishing authorization for the Community vessels 
likely to exercise fishing activities in the waters of the third country 
concerned. 
3. The Commission shall forward to the flag Member state information on the 
vessels flying its flag which have been authorized by that third country 
to exercise certain fishing activities in its waters. 
Following this communication, the flag Member state shall grant a fishing 
licence comprising a permit authorizing the vessels concerned to exercise 
their fishing activities in accordance with Community provisions and the 
provisions laid down in the fishing agreement referred to in paragraph 1. 
4. In order to enforce the measures for the conservation and management of 
resources provided for in the fishing agreement, the flag Member State 
may suspend or withdraw, fully or in part, any community fishing permit 
that it has issued. 
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5. Following notification to the Commission by the third country referred to 
in paragraph 1 concerning a decision to suspend or withdraw the fishing 
permit by the third country concerned in respect of a vessel flying the 
flag of a Meaoer state, the Commission shall forward to the flag Member 
State the name and particulars of the vessel concerned. 
At the Commission's request, the flag member state shall suspend or 
withdraw, fully or in part, the fishing permit it issued for that vessel 
for the period fixed in the third country's decision. 
6. Following a penalty imposed by the third country concerned, suspending or 
withdrawing the fishing licence, for a fixed period the flag Member State 
may no longer submit an application for fishing authorization for that 
vessel in accordance with the procedure provided for in the fishing 
agreement between the Community and the third country. 
7. The detailed rules of application for this Article shall be adopted in 
accordance with the procedure provided for in Article 18 of Regulation 
(EEC) No 3760/92. 
Article 9 
1. The flag Member State shall suspend the fishing licences of vessels 
subject to temporary immobilization and withdraw the fishing licences of 
vessels subject to definitive withdrawal from fishing activities. 
2. Following notification under Article 34 of Regulation (EEC) No /93 
or the regulations on implementation of an international inspection 
system, the competent authorities of the flag Member State shall apply, 
in accordance with its national law, the procedures to suspend or 
withdraw the fishing licence of the vessel involved for a period 
commensurate with the gravity of the infringement taking into account any 
penalties which may have been imposed by the competent authorities which 
discovered the infringement. 
3. The detailed rules of application for this Article shall be adopted by 
the Commission, in particular to enable flag Member States to apply this 
paragraph under fair and transparent conditions, in accordance with th^ 
procedure provided for in Article 18 of Regulation (EEC) No 37 6 0/92. 
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Article 10 
1. Flag Member States shall complete the record(s) they have established in 
accordance with the provisions of Regulation (EEC) No 163/89 to integrate 
all the data on the fishing licences they have granted to the vessels 
flying their flag. 
2. The data referred to in paragraph 1 shall be collected and transmitted in 
accordance with the detailed rules of application adopted by the 
Commission in accordance with the procedure provided for in Article 18 of 
Regulation (EEC) No 3760/92. 
Article 11 
1. Flag Member states shall appoint the competent authorities for granting 
fishing licences and adopt measures to ensure that the system is 
effective. 
2. Flag Member States shall inform the other Member states and the 
commission of the name and address of the competent authorities referred 
to in paragraph 1 and inform the Commission of the measures taken at 
national level not later than six months after this Regulation has come 
into force and, if any changes occur, as soon as possible. 
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TITLE II 
ADMINISTRATION OF FISHING LICENCES FOR VESSELS FLYING THE FLAG 
OF A THIRD COUNTRY 
Article 12 
1. In accordance with the measures relating to conservation and management 
of resources applicable to vessels flying the flag of a third country 
adopted by the Council, the competent authorities of the third country 
shall forward to the Commission applications for fishing licences for 
vessels flying their flag and likely to engage in fishing activities in 
Community fishing zones within the framework of the fishing opportunities 
granted by the Community to that country pursuant to a fisheries 
agreement. 
2. The Commission shall examine such applications and shall grant licences 
in accordance with the measures adopted by the Council, taking account of 
the provisions of the agreement. 
3. The Commission shall inform the authorities responsible for inspection 
designated by the Member States of the licences granted. 
Article 13 
Licences may be cancelled with a view to the grant of new licences. 
Cancellations shall take effect on the day preceding the day on which the 
Commission grants the new licences. The new licences shall take effect on 
the day on which they are granted. 
Article 14 
1. The Member states shall notify the Commission forthwith of any definitive 
penalty imposed on a vessel flying the flag of a third country in respect 
of which a licence has been granted as a result of an infringement 
committed by that vessel. 
2. Following the notification referred to in paragraph 1, the Commission may 
suspend or withdraw a fishing licence granted to the offending vessel in 
Accordance with Article 12, and may also refrain from granting that 
vessel a new licence, in accordance with the procedures laid down in 
accordance with paragraph 4. The Commission's decision shall be notified 
to the third country in question, which shall inform the shipowner 
thereof. 
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3. The Commission shall forthwith notify the inspection authorities of the 
Member States concerned of the provisions which it has adopted in respect 
of the vessel in question pursuant to paragraph 2. 
4. The detailed rules for the application of this paragraph shall be adopted 
in accordance with the procedure laid down in Article 18 of Regulation 
(EEC) NO 3760/92. 
TITLE III 
GENERAL PROVISIONS 
Article 15 
1. The Commission shall have computer access to the information in the files 
referred to in Article 10. 
2. The competent authorities of the flag Member State must, at the request 
of the inspection authorities of another Member State which are 
inspecting a vessel in the waters under its jurisdiction, confirm the 
information referred to in Article 5. such requests for information may 
also be addressed to the Commission. 
Article 16 
1. Flag Member States and Member states responsible for inspection in the 
maritime waters falling within their sovereignty or under their 
jurisdiction shall cooperate in order to ensure compliance with the 
conditions in the fishing permits. 
2. To this end, the flag Member state shall inform the other Member States 
referred to in paragraph 1 of the details of the fishing permits which it 
has drawn up. 
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Article 17 
This Regulation shall enter into force on 1 January 1994. 
It shall apply from 1 January 1996. 
This Regulation shall be binding in its entirety and directly applicable in 
all Member States. 
Done at Brussels, For the Council 
The President 
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\r 
ANNEX I 
MINIMUM INFORMATION 
A. VESSEL 
1. Name of vessel ; 
2. Flying the flag of: 
3. Port of registration: 
4. Registration number: 
5. External markings: I. IDENTIFICATION 
B. OPERATOR 
6. International radio code: Internal number 
1. Name(s) of owner(s): 
Address: 
2. Name(s) of charterer(s): 
Address: 
(in the case of a legal person or an 
association, name(s) of the representative(s)): 
II. TECHNICAL CHARACTERISTICS AND EQUIPMENT 
1. Type of vessel: 
2. Main type of gear: 
1 
2 
3 
4 
3. Engine power: 
A. Overall length: 
Length between perpendiculars: 
5. Tonnage: 6. Fishing usually practiced: 
- fishing zone(s) 
- principle species 
- other species 
7. Part of multiannual guidance programme: 
III. FISHING PERMITS 
Date of issue Period of validi ty 
The fishing operations carried out by this vessel are subject to a fishing permit in accordance with 
conditions set out below, with respect to the following fisheries: 
Zones 
Species 
Other conditions from../../. 
to ../../. from../../. 
to ../../. 
yl6 
ANNEX II 
MINIMUM INFORMATION TO BE INCLUDED IN FISHING LICENCES OF VESSELS 
FLYING THE FLAG OF A THIRD COUNTRY AND AUTHORIZED TO FISH 
IN COMMUNITY WATERS 
A - IDENTIFICATION 
a) name of the vessel, 
b) registration number, 
c) external identification letters and numbers, 
d) port of registration, 
e) name and address of the owner or charterer, 
f) call code and radio frequency, 
B - TECHNICAL CHARACTERISTICS AND EQUIPMENT 
g) type of vessel, 
h) gross tonnage and overall length, 
i) engine power, 
j) tonnage, 
C - FISHING PERMIT 
k) fishing method, 
1) fishing zone, 
m) species for which the vessel is authorized to fish, 
n) date of issue, 
o) period of validity of licence, 
p) other conditions. 
TRAD/547/an/nni 
Ai 
ISSN 0254-1475 
COM (93) 496 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-93-531-EN-C 
ISBN 92-77-59800-X 
Office for Official Publications of the Eiuropean Communities 
L-2985 Luxembourg