Proposal for a Council Regulation (EC) amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy
Date: 1998-05-14
Institutions: European Commission
Subjects: approximation of laws, common fisheries policy, fishing controls, fishing regulations, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

T* 

-A-

Brussels,  14.05.1998 
COM(1998) 303  final 

98/0170(CNS) 

Proposal for a 

COUNCIL REGULATION (EC) 

amending Regulation (EEC) No 2847/93 establishing a control system  applicable 

to the common fisheries  policy 

(presented by the Commission) 

•V' • ^ " 

I  "•  >V  J-  •; 

E X P L A N A T O RY  M É M O R A N D UM 

A  recent  communication  from  the  Commission  to  the  Council  (COM(98)92  of  19 

February  1998) stated that although considerable  progress has been made  in the  field 

of fisheries  monitoring, further  advances should  and could  be made in the short term. 

Discussions  in  the  Council  have  revealed  the  importance  the  Council  attaches  to 

improving fisheries monitoring. There is also broad agreement with the  Commission's 

appraisal of the situation and the solutions it proposes. 

The proposed solutions include adjustments  to Council Regulation  (EEC) No 2847/93 

establishing  a  control  system  applicable  to  the  common  fisheries  policy,  adopted  in 

1993,  needed  to  take  account  of  the  lessons  learned  from  applying  the  Regulation 

since 

then.  The  proposed  adjustments 

thus  address  some  clearly 

identified 

shortcomings. 

The aim  is to  improve  transparency  and  cooperation  among Member  States  and  with 

the  Commission,  to  ensure  fairer  and  more  effective  monitoring  in  the  context  of 

relations  with  non-member  countries,  and  to  exploit  more  fully  the  opportunities 

afforded  by  cross-checking  different  sources  of 

information,  particularly  by 

introducing more checks after  landing. 

The extent of coordination problems, such as those associated with vessels  from  non-

member  countries,  has  prompted  the  proposal  of  two  new  Titles  containing  both 

existing  and  new  provisions  and  forming  complete  and  consistent  instruments. 

Grouping  the other major  aspects  in this way  would  be  liable to unbalance  the  set of 

texts as a whole and is therefore  not appropriate. The proposed  amendments  therefore 

affect  a set of Articles under the existing Titles. 

In  addition  to  the  major  aspects  to  be  improved,  other  provisions  are  intended  to 

rectify  a  specific  shortcoming  which  has  been  at  the  root  of  problems  that  have 

cropped  up  in  recent  years  and  are  sufficiently  serious  to  warrant  changes  to  the 

legislation. 

Generally  speaking, the proposed  amendments  attempt  to keep the  costs  incurred,  for 

both the  industry  and  the authorities, to the strict minimum  needed  to ensure  real  and 

substantial  improvements  in  the  monitoring  of  fishing  activities.  They  also  focus  on 

substantive  matters  and  do  not  deal  with  details  better  covered  by  implementing 

regulations.  The  proposals  stay  as  close  as  possible  to  the  existing  Community 

regulatory provisions in order to capitalise on the progress achieved in other fields  and 

harmonise the rules wherever possible. 

This  draft  represents  only  one  part  of thé  improvements  needed  in the  monitoring  of 

fisheries.  Even  at  strictly  regulatory  level,  other  texts  will  have  to  be  adjusted, 

particularly the market regulations. Implementing regulations will therefore  have to be 

adopted or adjusted  in consequence. 

However,  adjustment  of  the  legislation  is  merely  one  aspect  of  a  programme  to 

improve  monitoring,  for  which  the  above  COM(98)  92  sets  2000  as  a  deadline;  this 

deadline  is  accepted  as  a  useful  marker.  A  series  of  other  measures  will  have  to  be 

implemented  and the Commission will be drawing up a detailed plan of action for  the 

next three years. 

4.. 

Proposal for a 

COUNCIL REGULATION (EC) No ... 

of... 

amending Regulation  (EEC) No 2847/93 establishing a control system  applicable 

to the common fisheries policy 

THE COUNCIL  OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 

Article 43 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European  Parliament; 

Having regard to the opinion of the Economic and Social  Committee, 

Whereas  practice  in  fisheries  and  in  the  transport  and  marketing  of  fishery  products 

has  evolved;  whereas  monitoring  arrangements  should 

therefore  be  adapted 

accordingly; whereas various shortcomings  in Council Regulation No 2847/93  as last 

amended by Regulation (EEC) No 2635/97  should therefore  be remedied; 

. 

Whereas  one  of  the  basic  requirements  on  masters  of  fishing  vessels  for  control 

purposes  is  to  record  the  amounts  of  different  species  held  on  board;  whereas  this 

requirements  should  be  simplified;  whereas,  therefore,  Article  6  of  Council 

Regulation  No  2847/93  should  be  amended  and  Article  5  of  Council  Regulation 

(EEC)  No  2241/87  of  23 July  1987  establishing  certain  control  measures  for  fishing 

activities  , as last amended by Regulation (EEC) No 3483/88  , should be repealed; 

OJL  261,  20.10.1993 
OJL  356, 31.12.1997 
OJ L 207, 29.07.1987, p. 1. 
OJ.L306,  11.11.1988 p.2. 

L 

Whereas controls on fishery  products after  landing should be reinforced; whereas the 

information  about fishery products referred  to  in Article  9 of Regulation  (EEC) No 

2847/93  should  be available from the  moment  of  landing  until  the final marketing 

stage; whereas sales notes and take-over declarations should contain this  information 

for the purposes of controls; 

Whereas  transshipment  operations  and,  in  general,  any  operations  involving  joint 

action  by  several  vessels  in  Community  waters  have  caused  considerable  control 

problems  in some fisheries;  whereas such operations  should be made conditional on 

compliance with the control procedures laid down; 

Whereas it should be ensured that the Commission has direct access to the databases 

updated  by the  Member  States  so that  it  can  efficiently  carry  out  the  control  tasks 

entrusted to it under Regulation (EEC) No 2847/93; 

Whereas  the  monitoring,  inspection  and  surveillance  measures  in  this  Regulation 

applicable to fishing  vessels flying the flag of a third country which carry out  fishing 

activities in the Community fishery  zone should be amplified;  whereas, in particular, 

such  vessels  operating  in  this  zone  should  be  subject  to  continuous  satellite 

surveillance from  the date on which the "Vessel Monitoring  System" (VMS) applies 

to  all  Community  fishing  vessels  of  more  than  a  stipulated  length;  whereas  it  is 

necessary to intensify the inspection and surveillance of landings by vessels flying the 

flag  of a third country and particularly, following  the steps taken by certain regional 

fisheries  organisations to increase the effectiveness  of measures for the conservation 

of fishery resources on the high seas, catches taken in the zones concerned; 

m 

Whereas,  to  enable  the  Commission  to  fulfil  its  role  effectively,  observation 

procedures  should  be  introduced  to  allow  inspectors  acting  for  the  Commission  to 

verify the application of this Regulation; 

Whereas, in order to strengthen and facilitate  cooperation between all the authorities 

in the Community involved in the monitoring, inspection and surveillance of activities 

in  the  fisheries  sector,  a  general  framework  should  be  set  up  under  which  all  the 

authorities  concerned  can  request  mutual  assistance  and  the  exchange  of  relevant 

information,  and specific  monitoring programmes  should  be introduced, particularly 

in order to remedy problems caused by the over-exploitation of certain stocks; 

Whereas application of the new provisions on transshipments  and other joint  fishing 

operations involving  several fishing  vessels should be postponed  until the entry into 

force of the detailed implementing rules; 

Whereas  the  public  health  and  hygiene  rules  governing  fishery  products,  both 

imported and produced in the Community, are set out in Directives 91/492/EEC and 
91/493/EEC5; 

Whereas Regulation (EEC) No 2847/93 should therefore be amended, 

HAS ADOPTED THIS REGULATION: 

5 

OJL  268, 24.09.1991. 

Article  1 

Regulation (EEC) No 2847/93 is amended as follows: 

1)  The heading of Title I is replaced by the following: 

"TITLE I 

Monitoring, inspection and surveillance" 

2)  Article 2 is replaced by the following: 

"Article 2 

1. 

In  order  to  ensure  compliance  with  all  the  rules  in  force,  each  Member  State 

within  its  territory  and  within  maritime  waters  subject  to  its  sovereignty  or 

jurisdiction  shall monitor, inspect and maintain surveillance of all activities in the 

fisheries  sector,  particularly  fishing  itself,  transshipment,  landing,  marketing, 

transport and storage of fish and the registration of landings and sales. 

2.  Each  Member  State  shall  monitor  and,  where  applicable,  inspect  and  maintain 

surveillance of,  the activities of its  vessels outside the Community  fishery  zone in 

order to ensure compliance with Community rules applicable in those waters." 

3)  The last sentence of Article 3(2) is deleted. 

4)  Article 5 is replaced by the following: 

"Article 5 

Detailed  rules  for  the  application  of  this  Title  shall  be  adopted  as  necessary,  in 

accordance with the procedure laid down in Article 36, in particular as regards: 

a) 

the  identification  of  officially  designated  inspectors  and  inspection  vessels, 

aircraft  and such other means of inspection as may be used by a Member State; 

b) 

the  procedure  for  the  inspection  and  surveillance  of  activities  in  the  fisheries 

sector; 

c) 

the marking and identification  of fishing  vessels and their gear; 

d) 

the  certification  of  the  characteristics  of  fishing  vessels  which  relate  to  fishing 

activities." 

5)  Article 6(2) is replaced by the following: 

"2. 

Any  amount  greater  than  50  kg  of  live-weight  equivalent  of  a  given 

species retained on board must be registered in the logbook." 

6)  Article 9(2) is replaced by the following: 

"2.  Where the first marketing of fishery  products landed in a Member  State 

is carried out in a manner different  from  that laid down in paragraph  1, 

the  landed  products  shall  not  be  collected  until  one  of  the  following 

documents has been submitted to the competent  authorities: 

-  a  sales  note,  when  the  products  are  offered  for  sale  at  the  place  of 

landing, 

-  a copy  of  one  of the  documents  provided  for  in Article  13, when  the 

products  are  offered  for  sale  at  a  location  other  than  the  place  of 

landing;  a  sales  note  must  be  appended  to  such  copies  at  the  time  of 

actual sale, 

-  a take-over  declaration,  when the products  are not  offered  for  sale  or 

are intended  for sale at a later date. 

Buyers  and  holders  of  take-over  declarations  shall  be  responsible  for 

the  accuracy  of  the  data  to  be  contained  in  the  sales  note  or  take-over 

declaration. 

This  Article  shall  not  apply to offers  for  sale of fishery  products  being 

transshipped  within the meaning of Article  11." 

7)  The following  indent is added to Article 9(3): 

"- where possible, the reference  number of the sales contract". 

8)  Article 9(4) is replaced  by the following: 

"4. 

Sales notes  shall  be submitted  to the competent  authorities  responsible 

for  monitoring  the  first  marketing  of  fish  in  such  a  way  that  the  following  data 

can be included: 

the external identification  and name of the fishing  vessel which has landed 

the products concerned; 

the name of the vessel's owner or master, 

the port and date of landing; 

the reference  to the landing declaration or logbook; 

where  applicable,  reference  to  one  of  the  documents  provided  for  in 

Article  13(1) and (4)(b)." 

9)  The following  paragraphs are inserted after Article 9(4): 

"4a. 

Where a sales note does not correspond to the invoice or to a document 

replacing  it,  as  referred  to  in  Article  22(3)  of  the  sixth  Council  Directive 

77/388/EEC  ,  the  Member  State  shall  adopt  the  necessary  provisions  to  ensure 

that  the  information  on  the  price  excluding  tax  for  deliveries  of  goods  to  the 

purchaser is identical to that indicated on the invoice." 

"4b. 

Take-over  declarations  as  referred  to  in  paragraph  2,  drawn  up  by 

owners  of  landed  fishery  products  or  their  agents,  shall  contain  at  least  the 

following  information: 

*o 

the weight of each species, broken down by type of product  presentation, 

Sixth Council  Directive of  17 May  1977 on the harmonisation  of the laws of the Member 
States relating to turnover taxes - Common system  of value added tax: uniform  basis of 
assessment, OJ L  145, 13.06.1997, p. 1. 

identification  of the fishing  vessel that has landed the products, 

identification  of the master of the vessel, 

the port and date of landing, 

the places where the products are stored, 

reference to the landing declaration or logbook, 

where  applicable,  reference  to  one  of  the  documents  provided  for  in 

Article  13(1) and (4)(b)." 

"4c. 

Where  the  fishery  products  landed  are  intended  for  sale  at  a  later 

date, and where  such products  are to be placed  on the market  at a price  provided 

for in a contract or at a fixed price set for  a specified  period, Member  States shall 

carry  out  appropriate  verifications  once  every  year  to  check  the  accuracy  of  the 

information 

in  the  take-over  declarations  and  sales  notes  referred 

to 

in 

paragraph 2." 

10)  Article 9(5) is replaced by the following: 

"5. 

Sales  notes  and  take-over  declarations  shall  be  transmitted  to  the 

competent  authority  or  other  bodies  authorised  by  the  Member  State,  in 

accordance  with  the  law  of  the  Member  State  in  whose  territory  the  operations 

have been carried out." 

11)  The following subparagraph is added to Article 9(6): 

"Where the first marketing  of fishery products does not take place in the Member 

State where  the products  have  been  landed,  or where  such products  are  intended 

for  sale  at  a  later  date,  the  competent  authorities  responsible  for  monitoring  the 

first  marketing  shall  immediately  transmit  a  copy  of the  sales  note  or  take-over 

declaration  to  the  authorities  responsible  for  monitoring  the  landing  of  the 

products  concerned." 

12)  Article  10 is deleted. 

13)  Article  11 is replaced by the following: 

"Article 11 

1. 

Transshipments  and  fishing  operations  involving  joint  action  by  several 

vessels and taking place in a port or in maritime  waters  subject  to the  sovereignty 

or  jurisdiction  of  a  Member  State  shall  be  authorised  provided  the  vessels 

concerned  submit  to  the  procedures  laid  down  in  accordance  with  paragraph  2, 

particularly  as regards: 

the definition  of authorised places, 

inspection and surveillance procedures, 

the  terms  and  conditions  for  registering  and  notifying  the  transshipment 

operation and the quantities  transshipped. 

2. 

Detailed  rules  for  the  application  of  this  Article  shall  be  adopted,  taking 

account  of the comments  of the Member  States concerned,  in accordance with the 

procedure laid down in Article 36." 

14) 

The following  paragraph is inserted after Article 13(5): 

"5a.  Where  fishery  products  that  have  been  declared  as  sold  in  accordance 

with  Article  9 are transported  to  a location  other than  the place  of  landing  or 

import,  transporters  must  be  able  to prove  at  all  times  that  a sales  transaction 

has taken place." 

15) 

The following  paragraph is added to Article 13: 

"7a.  Detailed rules for the application of this Article shall be adopted in 

accordance with the procedure laid down in Article 36." 

16) 

The following  paragraph is added to Article 17: 

"4. 

Detailed  rules  for  the  application  of  this  Article  shall  be  adopted  in 

accordance with the procedure laid down in Article 36." 

17) 

The following  paragraph is added to Article 18: 

"4. 

Detailed  rules  for  the  application  of  this  Article  shall  be  adopted  in 

accordance with the procedure  laid down in Article 36." 

10 

18)  Article  19(3) is replaced  by the following: 

"3. 

Each  Member  State  shall  adopt  the  necessary  measures  to  ensure  that 

the information  referred  to in paragraph  1 is entered  in the database  as soon as 

possible. 

The  information  on  regulated  resources  within  the  meaning  of  Article  8  of 

Regulation  (EEC)  No  3760/92  as  recorded  in  the  logbook,  the  landing 

declaration,  the  sales  note  and  the take-over  certificate  shall  be entered  in  the 

database  referred  to  in  paragraph  2  within  fifteen  days  of  the  date  on  which 

this  information  is transmitted  to the competent  authorities. If more than 85% 

of a quota has been fished, this period shall not exceed five working days." 

19)  Article  19(4) is replaced  by the following: 

"4. 

Each  Member  State  shall  assess  the  application  of  this  Article  once 

each year, particularly  with regard  to the  reliability  of the  data. The  results  of 

this  assessment  shall  be  included  in  the  Member  State's  report  under  Article 

20) 

Article  19(5) is replaced by the following: 

"5.  Member  States  shall  adopt  the  necessary  measures  to  facilitate  the 

collection,  validation  and  cross-referencing  of  data  and  to  provide  the 

Commission  with  remote  access  to  the  files  in  the  database  referred  to  in 

paragraph  1, at its specific  request." 

il 

21) 

The following sentence is added to the first subparagraph  of Article 21(3): 

"The Commission shall notify  the Member States of this date without delay." 

22) 

The last subparagraph of Article 21(3) is replaced by the  following: 

"As from  the date referred  to  in the first subparagraph,  the  flag  Member  State 

shall provisionally prohibit fishing  for that  stock or group of stocks by  vessels 

flying  its flag as well  as the retention  on  board,  transshipment  and  landing  of 

fish taken after  that date andshall  decide on a date up to which transshipments 

and  landings  or  final  declarations  of  catches  are  permitted.  The  Commission 

shall  be  notified  forthwith  of  this  measure  and  shall  then  inform  the  other 

Member States." 

23) 

The following  paragraphes inserted after Article 28(2): 

"2a.  Where  a  minimum  size  has  been  fixed  for  a  given  species  under 

Article 4 of Regulation  (EEC) No 370/92, sellers or transporters offish  of that 

species  smaller than the minimum  size  must  be  able to  show the  origin  of the 

products at all times." 

24) 

The following Title is inserted  after Article 28: 

12 

"TITLE Via 

Monitoring the fishing activities of third-country  vessels 

Article 28a 

For the purposes  of this Title  "third-country  fishing  vessels" means  vessels flying the 

flag of,  and registered  in, a third country and operating in the Community fishing zone 

or carrying out landing or transshipment operations. 

Article 28b 

1. 

Third-country  fishing  vessels  shall  be  authorised  to  catch,  retain  on  board, 

transship  or  process  fishery  products  in  the  Community  fishing  zone  only 

provided  they  have  been  issued  with  a  fishing  licence  and  a  special  fishing 

permit in accordance with Article 9 of Regulation (EC) No  1627/94 . 

•7 

2. 

In  addition,  third-country  fishing  vessels  shall  be  permitted  to  carry  out 

transshipments  or  fishing  operations  involving joint  action  by  several  vessels 

only if they fulfil  the conditions set out in Article  11 of this Regulation. 

Article 28c 

All  third-country  fishing  vessels  operating  in  the  Community  fishing  zone  shall  be 

subject  to the following  obligations: 

Council  Regulation (EC) No  1627/94 of 27 June  1994 laying down general  provisions 
concerning special fishing  permits; OJ L  171, 6.7.1994, p. 7. 

13 

- 

to  record,  in  a  logbook,  the  information  referred  to  in  Article  6  of  this 

Regulation, 

- 

from  1  January  2000  at  the  latest,  to  be  equipped  with  a  VMS  position 

monitoring  system approved by the Commission, 

- 

until  the  VMS  system  is  introduced,  to  comply  with  a  system  for  reporting 

movements, 

- 

- 

to comply with a system for reporting catches retained on board, 

to  comply  with  the  instructions  of  the  authorities  responsible  for  monitoring, 

particularly  as regards  the  inspections prior  to leaving  the  Community  fishing 

zone, 

- 

to  comply  with  the  rules  on  the  marking  and  identification  of  fishing  vessels 

and their gear. 

Article 28d 

The  Commission  shall  determine  the date  from  which  catches  of  a stock  or  group  of 

stocks subject  to quota taken by third-country  fishing  vessels shall be deemed to have 

exhausted  the  quota.  The  Commission  shall  notify  the third  country  and the  Member 

States concerned of this date without delay. 

As from  this date, fishing  for  that stock or group of stocks by such vessels  as well  as 

the  retention  on board, the transshipment  and  the  landing  of fish taken  after  that  date 

shall  be provisionally  prohibited.  The Commission  shall also determine  the date up to 

which transshipments and landings or final catch declarations are permitted. 

14 

Article 28e 

1. 

Masters  of third-country  fishing  vessels  must  notify  the  competent  authorities 

of the Member  State whose ports or landing  facilities  they  wish to use of their 

time  of arrival  at the port  of landing, the catches retained  on  board,  indicating 

the  zone  or  zones  where  the  catch  was  made  and,  where  applicable,  the 

Community  fishing  zone or other zone under the jurisdiction  or sovereignty  of 

a  third  country,  at  least  72  hours  before  the  estimated  time  of  arrival  at  the 

port. 

Landing  operations  may  not  commence  until  authorised  by  the  competent 

authorities of that Member State. 

2. 

Except  in cases of force  majeure or where  a vessel  is in distress, third-country 

fishing  vessels  may  put  in  only  at  the  ports  designated  by  the  Member  State 

whose ports or landing facilities  they wish to use. 

3. 

The  Commission,  in  accordance  with  the  procedure  laid  down  in  Article  36, 

may  grant  an exemption  for  certain  categories  of third-country  fishing  vessels 

from  the  obligation  stipulated  in  paragraph  1  for  a  limited  and  renewable 

period,  or make  provision  for  another  notification  period  taking  into  account, 

inter  alia,  the  distance  between  the  fishing  grounds,  landing  places  and  ports 

where the vessels in question are registered  or listed. 

4. 

Paragraphs  1  and  2  shall  apply  without  prejudice  to  special  provisions  in 

fisheries  agreements  concluded  between  the  Community  and  various  third 

countries. 

15 

Article 28f 

Masters of third-country  fishing  vessels  or their  agents  shall  submit to the  authorities 

of  the  Member  State  whose  ports  or  landing  facilities  they  wish  to  use  a  declaration 

indicating the quantity of fishery products landed and the date and place of each catch. 

Masters or their agents shall be responsible for the accuracy of such declarations. 

Each  Member  State  shall  forward  to  the  Commission,  at  its  request,  information  on 

landings by third-country fishing vessels. 

Article 28g 

1. 

Where  the  master  of  a third-country  fishing  vessel  declares  that  catches  have 

been taken  on the  high  seas, the competent  authorities  shall  authorise  landing 

only after having inspected the fishing  vessel. 

2. 

The  competent  authorities  shall  authorise  landing  provided  masters  of  the 

third-country fishing vessel or their agents can prove to their satisfaction  that: 

- 

the species retained  on board have been caught  outside the regulatory  areas 

of any  competent  international  organisations  of  which  the  Community  is a 

member, 

- 

the  species  retained  on  board  have  been  caught  in  compliance  with  the 

conservation and management  measures adopted by the competent  regional 

organisation of which the Community  is a member. 

16 

Article 28h 

Detailed  rules  for  the application  of this Title, including  the  lists  of designated  ports, 

shall  be  adopted  in accordance  with  the procedure  laid  down  in Article  36  in  concert 

with the Member States concerned." 

25) 

The following paragraph is inserted after Article 29(3): 

HI 3a.  Community  inspectors may, in the context of verification  without prior 

notice, conduct observations on the implementation of this Regulation. 

During their observation visits, Community  inspectors  shall have access  to the 

relevant  files  and  documents  and  to  the  public  premises  and  places,  vessels 

and private premises, land and means of transport where the activities  covered 

by this Regulation  take place, under the  same  conditions  as those  applying  to 

national  inspectors,  in order  to collect  data  (not  containing  named  references) 

necessary for the accomplishment of their task. 

Following  such  verifications  without  prior  notice,  the  Commission  shall 

forward  a  report  on  the  observations  made  to  the  Member  State  concerned 

without delay." 

26) 

The second subparagraph  of Article 30(2) is replaced by the following: 

"The Member  States concerned  shall  inform  the  Commission  of the  results  of 

the  inquiry  and  forward  a  copy  of  the  report  drawn  up  not  more  than  three 

months after  the Commission's  request." 

17 

27) 

The following paragraph is inserted after Article 31(2): 

"2a. 

In  accordance  with  the  procedure  laid  down  in  Article  43  of  the 

Treaty,  the  Council  shall  draw  up  a  list  of  infringements  of  the  Community 

rules  referred  to  in  Article  1 which  are  considered  to  be  serious,  and  shall 

adopt appropriate follow-up  action." 

28)  The following Title heading is inserted after Article 33: 

"TITLE  Villa 

Cooperation  among the authorities  responsible for monitoring in the Member 

States and with the Commission" 

29)  Article 34 is replaced by the following Articles: 

"Article 34 

The  terms  and  conditions  on  which  the  competent  authorities  responsible  for 

monitoring  the  application  of this  Regulation  in the  Member  States  shall  collaborate 

among  themselves  and  with  the  Commission  in  order  to  ensure  compliance  with  the 

rules of the common fisheries policy shall be as set out below. 

Article 34a 

1. 

The Member  States shall provide each other with the mutual assistance  needed 

to carry out the checks provided for in this Title. 

18 

2.  Where an inspection or surveillance operation by the competent authorities of 

a  Member  State reveal  that  Community fishing vessels or vessels  flying  the 

flag  of  a third country  and registered  in a third  country  have carried  out the 

fishing activities  referred  to  in  Article  2  in  a  way  likely  to  infringe  the 

Community  rules, the Member  State in question  shall  immediately  notify  all 

relevant  information,  as jiecessary, to the flag Member  State of the vessel or 

vessels  concerned,  the other Member  States concerned  and the  Commission. 

The other Member States concerned are the Member States in whose territory 

or waters the activities in question are being or are likely to be carried out. 

The Member State in question may request the other Member States concerned 

to carry out special checks, giving specific reasons for their request. 

The  Member  States  shall  keep  each  other  informed,  and  shall  inform  the 

Commission, of the action they take in response to such requests, including, 

where  applicable,  the  results  of  the  checks  and  any  proceedings  relating  to 

infringements. 

3. 

The Member States shall inform  each other of the national measures taken to 

that end, particularly  those taken under Article 9(2) of Regulation  (EEC) No 

3760/92. 

4. 

Detailed rules for the application of this Article shall be adopted in accordance 

with the procedure laid down in Article 36. 

Article 34b 

The  Commission  may  arrange  for  its  inspectors  visiting  a  Member  State  to  be 

accompanied  by  one  or  more fisheries inspectors  from  another  Member  State  as 

observers. 

19 

To that end, Member  States shall draw up a list of national fisheries inspectors  whom 

the Commission might invite to be present at such inspections. 

The Commission  shall place this list at the disposal of all the Member States. 

Article 34c 

1. 

The  Commission  shall  determine  which  fisheries  shall  be  subject  to  specific 

monitoring  programmes,  which  may  not  last  longer  than  two  years,  and  the 

conditions  governing  such programmes, in accordance with the procedure  laid 

down in Article 36 and in concert with the Member States concerned. 

2. 

These  programmes  shall  state  their  objectives,  the  human  and  material 

resources  required,  the periods  and zones  where  these  are to  be deployed,  the 

expected  results  of  the  measures 

included 

in  the  specific  monitoring 

programme referred  to in paragraph  1  and all the conditions required to ensure 

that the inspections are as effective  and economical as possible. 

3. 

The  Member  States  shall  adopt 

the  necessary  measures 

to 

facilitate 

implementation of the specific  monitoring programmes, particularly  as regards 

the assistance required by all the competent authorities concerned." 

20 

30) 

Article 35 is replaced by the following: 

"Article 35 

1.  Not  later  than  1 March  each  year,  the  Member  States  shall  transmit  to  the 

Commission  a report  on  the  application  of  this  Regulation  during  the  previous 

calendar year. 

2.  On  the  basis  of  the  reports  submitted  by  the  Member  States  and  its  own 

observations,  the  Commission  shall  draw  up  an  assessment  report  every  three 

years.  It  shall  publish  this  report  along  with  the  Member  States'  replies  and, 

where  appropriate,  measures  and  proposals  to  mitigate  the  shortcomings 

discovered. 

3.  Detailed  rules  for  the  application  of  this  Article  shall  be  adopted  in 

accordance with the procedure laid down in Article 36, particularly  regarding: 

the  technical  and  human  resources  allocated  specifically 

to  fisheries 

monitoring, 

the  laws, regulations  and  administrative  provisions  that  the  Member  States 

adopt to prevent and prosecute irregularities, 

the  results  of  inspections  or checks carried  out  pursuant  to  this  Regulation, 

including  the  number  and  type  of  infringements  discovered  and  the  action 

taken. 

Article 2 

Article 5 of Council Regulation (EEC) No 2241/87 is hereby  repealed. 

21 

Article 3 

This Regulation shall enter into force on 1  January 1999. 

However,  Articles  11 and 28b(2)  shall  apply from the date of entry  into  force  of the 

detailed implementing rules referred to in Article  11(2). 

This Regulation shall be binding in its entirety and directly applicable in all Member 

States. 

Done at 

For the Council 

22 

ISSN 0254-1475 

COM(98) 303 final 

DOCUMENTS 

EN 

03  06  10  01 

Catalogue  number  :  CB-CO-98-311-EN-C 

ISBN  92-78-36054-6 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg 

J2