Council Regulation (EEC) No 3781/85 of 31 December 1985 laying down the measures to be taken in respect of operators who do not comply with certain provisions relating to fishing contained in the Act of Accession of Spain and Portugal
Date: 1985-12-31
Institutions: Council of the European Union
Subjects: EU Member State, accession to the European Union, application of EU law, fishing controls, fishing regulations, ship's flag













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31985R3781

Council Regulation (EEC) No 3781/85 of 31 December 1985 laying down the measures to be taken in respect of operators who do not comply with certain provisions relating to fishing contained in the Act of Accession of Spain and Portugal  


Official Journal L 363 , 31/12/1985 P. 0026 - 0027 Finnish special edition: Chapter 4 Volume 2 P. 0102  Spanish special edition: Chapter 04 Volume 4 P. 0233  Swedish special edition: Chapter 4 Volume 2 P. 0102  Portuguese special edition Chapter 04 Volume 4 P. 0233  





COUNCIL REGULATION (EEC) N° 3781/85of  31 December 1985laying down the measures to be taken in respect of operators who do not comply  with certain provisions relating to fishing contained in the Act of Accession of Spain and  PortugalTHE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Act of  Accession of Spain and Portugal, and in particular Articles 163 (3), 164 (2), 165 (8), 349 (5), 351  (5) and 352 (9) thereof,Having regard to the proposal from the Commission,Whereas, in order to  ensure compliance with the rules on access to waters and resources laid down in the Act of  Accession, it is necessary to adopt provisions under which Member States prohibit, for a certain  period, fishing by an operator who does not comply with those rules, supplementing Council  Regulation (EEC) N° 2057/82 of 29 June 1982 establishing certain control measures for fishing  activities by vessels of the Member States (1), as last amended by Regulation (EEC) N° 3723/85  (2);Whereas, pursuant to Article 164 (2) of the Act of Accession, the specialized fishing  activities of vessels flying the flag of a present Member State in the waters falling under the  sovereignty or within the jurisdiction of Spain are to be carried out in accordance with the same  access and control procedures as those specified for Spanish vessels authorized to carry out their  fishing acitivities in the fishing zones of the present Member States; whereas, as regards the  other fishing activities carried out under Article 164 (1) of the Act of Accession, it is  appropriate to apply to the vessels concerned arrangements comparable to those applicable to the  non-specialized fishing activities of vessels flying the flag of Spain in waters falling under the  sovereignty or within the jurisdiction of the present Member States;Whereas provision should be  made for adopting the necessary implementing rules in accordance with the procedure laid down in  Article 14 of Council Regulation (EEC) N° 170/83 of 25 January 1983 establishing a Community system  for the conservation and management of fishery resources (3);Whereas, pursuant to Article 2 (3) of  the Treaty of Accession of Spain and Portugal, the institutions of the European Communities may  adopt before accession the measures referred to in Articles 163, 164, 165, 349, 351 and 352 of the  Act of Accession, these measures entering into force subject to and on the date of accession. HAS ADOPTED THIS REGULATION:Article 1This Regulation lays down the measures  intended to ensure compliance with the rules on access to waters and resources contained in  Articles 163, 164, 165, 349, 351 and 352 of the Act of Accession by fishing vessels flying the flag  of a Member State or registered in a Member State.Article 21.  The competent authorities of  Member States shall without delay notify the Commission and the flag Member State or the Member  State of registration, hereinafter referred to as the 'Member State', of any infringement of the  rules referred to in Article 1, giving the name and identification marks of the vessel concerned,  the name of the skipper, owner and, where appropriate, charterer, the circumstances of the  infringement and any penal, administrative or other measures taken, and any court decision relating  to such infringement.2.  On the basis of a judicial decision notified or in any other case of  recorded infringement of the rules mentioned in paragraph 1, the Member State may no longer enter  the vessel concerned, under the conditions provided for in Articles 3 and 4, on the draft  periodical lists which it submits to the Commission.Article 31.  Subject to paragraph 2, the  Member State may no longer enter the vessel for which the infringement has been recorded pursuant  to Article 2 (2) on a draft periodical list during a period of four months; such a period may be  extended to up to twelve months in the case of a further infringement.2.  In the case of the  specialized fishing referred to in Articles 160, 164, 349 and 351 of the Act of Accession, and in  the case of fishing for albacore tuna, swordfish, blue shark and Ray's bream as referred to in  Articles 165 and 352 of the said Act, the period of non-entry shall be two months and may be  extended to up to four months in the case of a further infringement.Article 41.  Where it has  been recorded, pursuant to Article 2 (2), that a vessel has fished without authorization, it may  nolonger be entered by the flag Member State on a draft periodic list:(afor a period of four  months in the case of the specialized fishing referred to in Articles 160, 164, 165, 349 and 351 of  the Act of Accession and in the case of fishing for albacore tuna, swordfish, blue shark and Ray's  bream, as referred to in Articles 165 and 352 of the said Act; such period may be extended to up to  six months in the case of a further infringement.(bfor a period of eight months in the case of  fishing other than that referred to in (a); such period may be extended to up to eighteen months in  the case of a further infringement.2.  However, instead of taking the measures provided for in  paragraph 1, the Member State may refuse entry on a draftperiodic list, for the same periods, to  another vessel, fitted out by the owner or charterer of the first vessel, which, when the  infringement occurred, appeared on a periodic list.Article 5Detailed rules for the application of  this Regulation shall be adopted in accordance with the procedure laid down in Article 14 of  Regulation (EEC) N° 170/83.Article 6This Regulation shall enter into force on 1 January 1986,  subject to the entry into force of the Treaty of Accession of Spain and Portugal. This Regulation shall be binding in its entirety and directly applicable in all  Member States.Done at Brussels, 31 December 1985.For the CouncilThe PresidentR. STEICHEN (1) OJ N° L 220, 29. 7. 1982, p. 2. (2) OJ N° L 361, 31. 12. 1985, p. 42. (3) OJ N° L 24, 27. 1. 1983, p. 1.