Amended proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) n° 2847/93 establishing a control system applicable to the Common Fisheries Policy
Date: 1995-10-18
Institutions: European Commission
Subjects: authorised catch, common fisheries policy, exchange of information, fishery management, fishing area, fishing controls

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussel,  18.10.1995 
COM(95) 476 final 

95/0146 (CNS) 

Amended proposal  for a 

COUNCIL REGULATION (EC) 

amending Regulation (EEC) n° 2847/93  establishing a control system applicable to the 
Common Fisheries Policy 

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

EXPLANATORY  MEMORANDUM 

In order to ensure compliance with the fishing effort  management scheme in the waters of the 

Western Atlantic Ocean, which will enter into force on 01.01.96, the Commission transmitted, 

on  12.06.95  to  the Council,  a proposal  for  a Council  Regulation  (EC) to  modify  Council 

Regulation  (EEC)  N°  2847/93  establishing  a  control  system  applicable  to  the  Common 
Fisheries Policy1. 

On  21.09.95, the European  Parliament  adopted  a resolution  giving a  favourable  opinion  on 

this proposal  and which comprised  16 amendments. 

To improve fisheries  control efforts,  the Commission in its present proposal has accepted the 

incorporation  of the following  amendments  in  its initial  proposal, which provide that: 

the coastal  states  should  have access  to real-time  data concerning vessels  present  in 

their waters (amendment  n° 6); 

the control  measures apply to vessels  longer than  15 metres (amendment  n° 22); 

Community  fishing  vessels which  pursue their  activities within  their  member  state's 

waters  shall  communicate  their  effort  report  in  accordance with  the  procedures  laid 

down by that member  state and approved  by the  Commission; 

the provisions relating to the identification  of fishing  gear which is not in use shall be 

adopted,  not  later  than  31.12.96,  in  accordance  with 

the  procedure  in  Article  36 

(amendment  n°12); 

the member state shall provisionally close a fishery  when its effort  quota is exhausted 

without prejudice to the full  use of its catch quotas and in accordance with the  effort 

quotas  adjustment  procedure (amendment  n°13). 

These amendments  clarify  the initial proposal. 

COM(95)256 

~  A  -

On the other hand the Commision has not accepted the other amendments, as: 

they risk, from a formal point of view, prejudicing the substance of the text; 

they touch upon mêmes which will  be subject of future proposals. 

The adoption by the Council  of the the European Parliament amendments will  demonstrate 

the unanimous agreement of political authorities with regard to the need to build an effective 

enforcement scheme which will  ensure the success of the Common Fisheries Policy. 

- 

yl  OL  _ 

AMENDED PROPOSAL FOR A  COUNCIL REGULATION  (EC) 

amending Regulation  (EEC) No 2847/93 

establishing a control  system applicable to the common fisheries policy 

The proposal  is amended as follows: 

Recital 4e  (new) 

W h am  for nramfrwing  m^  ff^n>l  * wm  the creaml  staîre rm*  w?çm fr> real tinr date 
fionsfirning fishing vessels present in their waters; 

ARTICLE  1 (1) 

Article  19a 

The provisions of this Title shall apply to Community fishing vessels over  15 metres exercising 

fishing  activities  in the  fishing  areas defined  in Regulation  (EC) N° 685/95 and to  Community 

fishing vessels exercising fishing activities directed at demersal species, in the area situated south 

of latitude 56°30' north, east of longitude  12° west and north of latitude 50°30' north,  hereinafter 

known  as the  "Irish Box". 

ARTICLE  1 (1) 

Article  19b (la) (new) 

la.  Notwithstanding  paragraph  1 above,  where  Community  fishing  vessels  undertake  fishing 

activity  in the waters under the sovereignty  or jurisdiction of their flag state, or the Member 

Suite  in which  the vessels  are registered  the  information  required  under this Article  shall 

be communicated  to the competent  authorities of the flag State by a method  authorized by 

that  Member  State and approved  by the  Commission. 

ARTICLE  1(2) 

Article 20aT3^ 

3.  Provisions relating to the identification of static fishing gear shall be adopted in accordance 

with the procedure laid down in Article 36 no later than 31 December  1996. 

ARTICLE  1(3) 

Article 21a, first paragraph 

Without prejudice to the provisions of Article 3(2Y\) of Regulation (FO  685/95 and to those of 

Article 4r second indent of Regulation ŒC) n° 2027/95. each Member State shall determine the 

date on which the vessels flying its flag  or registered  in its territory  shall  be deemed to have 

reached the  maximum fishing effort  level  in  a fishing area as  laid  down  in  Regulation  (EC) 

N°  ..795. 

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ISSN 0254-1475 

COM(95) 476  final 

DOCUMENTS 

EN 

03 

Catalogue number  :  CB-C0-95-519-EN-C 

ISBN 92-77-94314-9 

Office  for Official  Publications of the European Communities 

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