Amended proposal for a COUNCIL REGULATION (EC) establishing a Community system of fishing licences
Date: 1994-04-27
Institutions: European Commission
Subjects: EU Member State, common fisheries policy, exchange of information, fishery management, fishing licence

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0MC94) 146 final 
Brussels, 27.04.1994 

Amended  proposal  for a 

CQUNCIl REGULATION  (EC) 

establishing  a Community  system of fishing  licences 

(presented  by  the Commission  pursuant  to Article  189 A (2) 
of  the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

In  the  context  of  the  implementation  of  the  new  basic  Regulation  the 
Commission  on  15  October  1993  sent  a  proposal  to  the  Council  for  a  Council 
(EEC) Regulation  establishing  a Community  system  of  fishing  licences(^).  The 
proposal  provides  for  the  generalized  use  of  an  "identity  card"  for  fishing 
vessels,  in  the  form  of  a  licence  as  referred  to  in  Article  5 of  Regulation 
(EEC) No  3760/92  of  20  December  1992(2)  establishing  a  Community  system  for 
fisheries  and  aquaculture,  and  the  introduction  of  fishing  permits  to 
facilitate  the  application  of  rules  on  the  limitation  of  fishing  effort  and 
the regulation of access to fisheries as provided  in the same Regulation, when 
the  Fisheries  Council  met  on  22  November  1993  the  Council  decided  to 
dissociate  the  fishing  permit  rules  from  those  relating  to  the  fishing 
licence. The  Commission  was  against  the  dissociation  and  pressed  the  Council 
to continue  discussions  in  1994 on  the basis  of  the  existing  proposal  and to 
adopt the provisions on fishing permits. 

Accordingly,  on  2D  December  1993  the  Council  of  the  European  Union  adopted 
Council  Regulation  (EC)  No  3690/93  of  20  December  1993  establishing  a 
Community  system laying down rules for the minimum  information to be contained 
in  fishing  licences(^), which  provides  that  the  Council  must  take  a  decision 
by  31  December  1994  on  the  provisions  proposed  by  the  Commission  concerning 
fishing licences. 

Furthermore,  on  16  December  1993  Parliament  adopted  a  resolution  giving  a 
favourable  opinion on the Commission's  proposal  for a Council  Regulation  (EC) 
No.,  establishing  a Community  system  of  fishing  licences  with  17 amendments. 
The  resolution  confirms  the  necessity  of  adopting  provisions  on  fishing 
permits  in  order  to  administer  efficiently  the  limitations  on  fishing  effort 
which the Council may approve now or in the future. 

Given  the common concern  for more efficient management  of  fishing  effort, the 
Commission's present proposal incorporates certain amendments  into its initial 
proposal as follows: 

inclusion  in  the  eleventh  recital  of  a  reference  to  administrative  and 
criminal  procedures  leading  to  suspension  or  withdrawal  of  the  fishing 
licence  (amendment 5 ), 

provision  for the Commission to check the justification for a third country 
decision  to  suspend  or withdraw  a  fishing  permit  before  the  said  decision 
is forwarded  to the flag Member  State which must take action vis-à-vis  the 
vessel in question  (first subparagraph of Article  8(5), amendment 12). 

(1)  COM(93)496  final, 15 October 1993 
(2)  OJ L 389, 31 December  1992, p.l. 
(3)  OJ L 341, 31 December  1993, p. 93 

./ 

- 2 -

However,  the  amendments  accepted  by  the  commission  to  the  provisions  on 
licences  cannot be retained because the council ruled  unanimously  on the said 
provisions  when  it  adopted  Council  Regulation  (EU)  establishing  a  Community 
system  laying  down  rules  for  the  minimum  information  to  be  contained  in 
fishing licences. 

The  Commission  has  not  retained  the  other  amendments  for  the  following 
reasons : 

either they  are not in line with the  spirit of the basic  Regulation, under 
which  the  fishing  activities  of  Community  vessels  are managed  by  priority 
by  the  flag  Member  States  concerned,  the  Commission's  role  being  confined 
to ensuring that Community  law is complied with, or 

they  risk  reducing  Member  states' obligations  as regards  the management of 
their vessels' activities, or 

they  risk,  from  the point  of view  of  form,  interfering  with  the  substance 
of the text. 

Adoption of this proposal by the Council will demonstrate the unanimity of the 
political  authorities  on  the  need  to  ensure  transparent  and  rational 
management of the fishing activities of Community vessels by the Member States 
and the fishing activities of vessels flying a third country  flag in Community 
waters. 

AMENDED PROPOSAL FOR A 
COUNCIL REGULATION  ( EC) 

establishing  a Community  system of fishing  licences 

(presented by the Commission pursuant to Article  189A  (2) of the  EC-Treaty) 

The proposal is amended as follows : 

Recital 11 

Whereas  the  possibility  provided  for  in  Regulation  (EEC)  No  Lol/J/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  either  as  an  administrative  decision  or 
following criminal proceedings; 

Article  8(5), first  subparagraph 

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  Member  State,  the  Commission  shall  carry  out  the  relevant 
checks  and, where  appropriate, forward  to the  flag Member  state the name 
and particulars of the vessel concerned. 

3 

ISSN 0254-1475 

COM (94) 146 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-94-152-EN-C 

ISBN 92-77-67666-3 

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