Proposal for a COUNCIL REGULATION (EEC) on adjustments to the fisheries arrangements provided for in the Act of Accession of Spain and Portugal
Date: 1993-10-13
Institutions: European Commission
Subjects: Portugal, Spain, accession to the European Union, common fisheries policy, fishery resources, fishing area

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

COM(93) 493 final 
Brussels,  13 October  1993 

Proposal  for  a 
ÇffiJNQJ^REGUL^^ 

on  adjustments  to the fisheries  arrangements  provided  for 
in the Act of  Accession  of  Spain  and Portugal 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

On 23 December  1992, in accordance with the Act of Accession of Spain and Portugal (AA), 
and in particular  Articles  162 and  350 thereof, the Commission  adopted the  1992 Report by 
the Commission to the Council  and Parliament on the application of the Act of Accession of 
Spain  and Portugal  in the fisheries  sector<1}, hereinafter  called  "the  1992 Report". 

ADJUSTMENTS TO THE ACCESSION  ARRANGEMENTS 

The analysis made in the 1992 Report of the application of the arrangements laid down in the 
A A calls for  those arrangements  to be adjusted  with  effect  from  1 January  1996. 

In  addition,  certain  provisions  are due to  expire on  31 December  1995, namely: 

• 

- 

- 

the prohibition for vessels flying the Spanish or Portuguese flag to have access to the zone 
situated  south  of  latitude  56°30*N,  to  the  east  of  longitude  12°W  and  to  the  north  of 
latitude  50°30'N; 

the restrictions on fishing  for  albacore tuna and tropical  tuna by the vessels of the Ten in 
all or part of Portuguese  waters; 

the  conditions  of  access  by  Spanish  vessels to Portuguese  waters  (Article  165) and  vice 
versa  (Article  352) as laid  down  in the bilateral  agreement  between  Spain  and Portugal. 

OBJECTIVE: THE NEED TO INTEGRATE THE ACCESSION ARRANGEMENTS  INTO 
THE GENERAL ARRANGEMENTS 

The reform  of  the  common  fisheries  policy  (CFP)  was undertaken  in  1991 and  entered  into 
effect  with the adoption  of  a new Council  Regulation  establishing  a Community  system  for 
fisheries  and  aquaculture(2), supplemented  by  the introduction  of  control  arrangements(3). 

While the mechanisms for  managing fishing  activities introduced  under the AA comply with 
the spirit of the framework  set up in  1983 by Regulation (EEC) No  170/83(4), they differ  from 
those then applicable to the Ten.  They can now be integrated without difficulty  with the new 
mechanisms  for  regulating  and controlling  fishing  activities. 

At  its  meeting  of  24 June  1993,  after  examining  the  1992 Report,  the  Council  of  Fisheries 
Ministers  took  the  view  that  the  adjustments  to  the  accession  arrangements  should  be 
undertaken  in the spirit of  the reform,  in  order  to strengthen  its  impact. 

The  Commission's  proposal  is therefore  designed  to  ensure  the  integration  of  the  accession 
arrangements  into  the common  arrangements  with  effect  from  1 January  1996. 

a) 
(2) 

(3) 

(4) 

SEC(92)  2340 final of  23 December  1992. 
Regulation  (EEC) No  3760/92, OJ No L  389, 31.12.1992, p. 1 
Regulation  (EEC) No  2847/93, OJ No L 261, 20.10.1993, p. 1. 
O J N o L 2 4,  27.1.1983, p.  1. 

STRATEGY: STRICT COMPLIANCE WITH THE ACQUIS COMMUNAUTAIRE AND NO 
INCREASE IN FISHING EFFORT 

This  integration  can  be  contemplated  only  if  the  acquis  communautaire  is  scrupulously 
complied  with  and  with  the  objective  of  improving  the  effectiveness  of  the  regulatory 
measures in order to ensure that the basic objective of the CFP is attained, namely the optimal 
balance between  resources  and  fishing  effort. 

In view of  the  acquis  communautaire  in the fisheries sector,  this proposal  is designed to: 

strengthen  the principle of free  access to waters while maintaining  the exceptions to this 
principle  as laid  down  in  Articles  6 and  7 of  Regulation  (EEC) No 3760/92; 

- 

confirm  the  principle  of  relative  stability,  which  guarantees  the  stability  of  fishing 
activities. 

In addition, given the state of the resource and the general situation in the fisheries sector, the 
proposal is designed  to maintain fishing effort  at  the levels set in the AA.  Lastly, to ensure 
the  credibility  of  the  new  arrangements,  the  proposal  lays  down  specific  obligations  with 
regard to the policing  of the fishing vessels  affected  by these  adjustments,  by establishing  a 
system of  compulsory  prior  authorization  of access to fisheries  based on the issue of  fishing 
licences to be granted  and managed  at national  level. 

Proposal  for a 
COUNCIL REGULATION (EEC) 
on adjustments to the fisheries  arrangements provided for 

in the Act of Accession  of  Spain and Portugal 

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 Act of  Accession of  Spain and Portugal, 

Having regard to the proposal from the Commission(1), 

Having regard to the opinion of the European Parliament^, 

Having regard to the opinion of the Economic  and Social Committee(3), 

Whereas Articles  162 and 350 of the Act of Accession provide for the Council to adopt, on 
the basis of a report submitted by the Commission concerning the situation and prospects with 
regard to fishing  in the Community,  any adjustments which prove to be necessary; whereas 
such  adjustments,  which  are  to  take  effect  on  1 January  1996,  must  be  adopted  before 
31 December  1993; 

Whereas the principles on which those adjustments at Community level are to be based must 
be laid down, so that Member States may ensure their implementation; 

(,)  OJNoC 
(2)  Opinion delivered on 
(3)  Opinion delivered on 

the  common 

Whereas the new provisions must facilitate the full integration of Spain and Portugal into the 
general  scheme  of 
the 
acquis communautaire, particularly  with  regard to the principle  of  relative  stability  and the 
exceptions to the principle of free access to waters as laid down by Council Regulation (EEC) 
No 3760/92(4); whereas, in addition, such adjustments must not result in an increase in existing 
fishing  effort; 

fisheries  policy  and  must  comply  with 

Whereas the adjustments must be made in the spirit of the revised common fisheries policy 
laid down by Regulation (EEC) No 3760/92 and supplemented by Council Regulation (EEC) 
No  2847/93  of  12  October  1993  establishing  a control  system  applicable  to  the  common 
fisheries policy(5); 

Whereas the adjustments can be undertaken only by combining the restrictions on catches and 
on  authorized fishing effort;  whereas, if this is to contribute to improving the regulation  of 
exploitation and transparency in the fisheries concerned, a system of fishing licences must be 
developed, 

HAS ADOPTED THIS REGULATION: 

Article 1 

With effect  from  1 January  1996, the arrangements regarding access to waters and resources 
laid down in the Act of  Accession  of  Spain and Portugal  to the European Communities are 
hereby  adjusted in accordance with the provisions of this Regulation. 

Article 2 

Without  prejudice  to  Articles 6  and  7  of  Regulation  (EEC)  No  3760/92,  all  Community 
fishing vessels shall have free access to the waters falling under the sovereignty or within the 
jurisdiction of the Member States. 

(4)  OJ No L 389, 31.12.1992, p. 1. 
(5)  OJ No L 261, 20.10.1993, p. 1 

Article 3 

1.  The  system  of  basic  and  periodical  lists  as  laid  down  by  the  Act  of  Accession  or in 

implementation  thereof is abolished as from  1 January  1996. 

2.  The Council shall adopt, by 31 December  1995, within the framework of Articles 4 and 8 
of  Regulation  (EEC)  No  3760/92,  Community  measures  entering  into  force  on 
1 January  1996 laying down the conditions of access to fishing zones and resources and/or 
restrictions  on  exploitation  by  fixing  fishing  opportunities  in  terms  of  the  volume  of 
catches and authorized fishing  effort. 

3.  In compliance with the general principles of the common fisheries policy, and in particular 
relative  stability,  the  application  of  Articles 4  and  8  of  Regulation  (EEC)  No  3760/92 
must take account, in each case, of developments in fishing  opportunities, on the basis of 
the levels of fishing effort laid down in Articles  158,160,  164, 165, 349, 351 and 352 of 
the Act of  Accession. 

Article 4 

All  Community fishing vessels  authorized  to  engage  in fishing  activities  in  fisheries  where 
the  exploitation  rate  is  restricted  in  accordance  with  Article 3  must  hold  a fishing licence 
which  fixes  the  conditions of  access  to  those  fisheries.  Such  licences  shall  be  granted and 
managed  by  the  Member  State  whose  flag  the  vessel  is  flying,  in  accordance  with  the 
provisions of  Article 6 of Regulation  (EEC) No 

[licence regulation]. 

Article 5 

This Regulation shall enter into force on the seventh day following  that of 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 

KSN 0254-1475 

COM (93) 493 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-93-537-EN-C 

ISBN 92-77-59854-9 

Office for Official Publications of the European Communities 
LP2985 Luxembourg