Proposal for a Council Regulation amending Regulation (EC) No 2791/1999 laying down certain control measures applicable in the area covered by the Convention on future multilateral co-operation in the north-east Atlantic fisheries
Date: 2003-06-13
Institutions: European Commission
Subjects: Atlantic Ocean, fishery management, fishing agreement, fishing area, fishing controls, international convention, international cooperation

EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 13.6.2003
COM(2003) 349 final

2003/0125 (CNS)

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 2791/1999 laying down certain control measures
applicable in the area covered by the Convention on future multilateral co-operation in
the north-east Atlantic fisheries

(presented by the Commission)

 
EXPLANATORY MEMORANDUM

A  Scheme  of  Control  and  Enforcement  was  adopted  by  the  North-east  Atlantic  Fisheries
Commission (NEAFC) in 1998 and entered into force on 1 July 1999. It provides in particular
for control measures that apply to vessels flying the flag of Contracting Parties which operate
in NEAFC areas, arrangements for inspections  at sea  which  provide  for  reciprocal  rights  of
inspection  of  vessels  and  the  follow-up  of  infringements,  and  the  inspection  of  non-
Contracting Party vessels in port.

This Scheme was transposed into Community law by Council Regulation (EC) no 2791/1999
of 16 December 1999 laying down certain control measures applicable in the area covered by
the Convention on future multilateral co-operation in the north-east Atlantic fisheries.

At  its  21st  annual  meeting  on  12,  13,  14  and  15  November  2002,  NEAFC  adopted
recommendations  to  amend  the  Scheme  with  regard  to  transhipments  and  joint  fishing
operations.  Under  Articles  12  and  15  of  the  NEAFC  Convention,  these  recommendations
became  binding  on  the  Contracting  Parties  on  6  February  2003.  It  is  therefore  necessary  to
amend  Regulation  (EC)  no  2791/1999  in  order  to  take  account  of  these  amendments  to  the
Scheme.

In  order  to  ensure  monitoring  of  fishing  activities  in  NEAFC  the  Council  of  Fisheries
Ministers of 22 November 1999 decided to introduce an ‘ad hoc arrangement’ for Community
inspection  and  monitoring  for  the  year  2000,  with  the  responsibility  for  inspections  divided
between the Commission and the flag Member States concerned.

The one-year period was insufficient to allow for the  implementation constraints to be fully
appreciated. The Commission therefore proposed that the ad hoc arrangement be extended to
31  December  2003.  The  Council  however  decided  to  adopt  an  extension  of  the  ad  hoc
arrangement  only  until  31  December  2002  in  Regulation  (EC)  No  215/2001  amending
Regulation  (EC)  no  2791/1999  of  16  December 1999  laying  down  certain  control  measures
applicable  in  the  area  covered  by  the  Convention  on  future  multilateral  co-operation  in  the
north-east Atlantic fisheries.

It  is  therefore  appropriate  to  extend  the  ad  hoc  arrangement  until  31  December  2004.
Regulation (EC) No 2791/1999 should be amended accordingly. As regards the involvement
of the Commission under this “ad hoc arrangement”, in accordance with Articles 23(2) and 24
of  Regulation  (EC)  Nº  2371/2002  Member  States  shall  be  solely  responsible  for  inspection
and  surveillance  of  the  activities  of  the  vessels  flying  their  flag  carried  out  beyond
Community  waters.  Therefore,  the  Commission  will  only  coordinate  Community  inspection
and monitoring with the responsibility  for  inspections divided  between  flag  Member  States.
The  Commission  is  committing  itself  to  submit  a  proposal  for  a  definitive  regime  by  31
December  2004  at  the  latest.  In  this  context,  the  Commission  will  consider  options  for  a
definitive regime in NEAFC, in the light of the outcome of the feasibility study on the Joint
Inspections Structure1, to be carried out in co-ordination with the Member States.

1

Communication from the Commission to the Council and the European Parliament “Towards uniform
and effective implementation of the Common Fisheries Policy” COM (2003) 130 final of 21.3.2003.

2

                                                
2003/0125 (CNS)

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 2791/1999 laying down certain control measures
applicable in the area covered by the Convention on future multilateral co-operation in
the north-east Atlantic fisheries

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Parliament2,

Whereas:

(1)

(2)

(3)

(4)

Council  Regulation  (EC)  No  2791/1999  laying  down  certain  control  measures
applicable in the area covered by the Convention on future multilateral co-operation in
the  north-east  Atlantic  fisheries3  lays  down  the  general  rules  and  conditions  for  the
application  of  the  Scheme  of  control  and  enforcement  in  respect  of  fishing  vessels
fishing  in  areas  beyond  the  limits  of  national  fisheries  jurisdiction  in  the  NEAFC
Convention area (hereinafter called ‘the Scheme’);

The  North  East  Atlantic  Fisheries  Commission  adopted  recommendations  in
November 2002 to amend the Scheme with regard to transhipments and joint fishing
operations;

Under  the  NEAFC  Convention,  these  recommendations  became  binding  on  the
Contracting  Parties  on  6  February  2003.  The  Community  should  apply  these
recommendations;

Article 30 of Regulation (EC) No 2791/1999 provides for certain Articles to remain in
force on  an ad  hoc basis until 31 December 2002,  with  the  Commission  committing
itself  to  submit,  before  30  September  2002  at  the  latest,  any  appropriate  proposals
providing for a definitive regime.

(5)

Pending a proposal providing for a definitive regime, the ad hoc application of Articles
6(3), 8, 10 and 11 should be extended until 31 December 2004.

(6)

Regulation (EC) No 2791/1999 should therefore be amended.

1

2

3

OJ C , , p. 
OJ C , , p. 
OJ L 337 of 31.12.1999, p. 1. Regulation amended by Regulation (EC) No 215/2001

3

                                                
HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2791/1999 is amended as follows:

1.

In Article 2 the following points 11, 12 and 13 are added:

“11.  “fishing  vessel”  means  any  vessel  equipped  for  commercial  exploitation  of
living  aquatic  resources,  including  fish  processing  vessels  and  vessels  engaged  in
transhipment;

12.  “transhipment  operation”  means  the  transfer,  over  the  side,  of  any  quantity  of
fish,  molluscs,  crustaceans  and/or  fishery  products  retained  on  board,  from  one
fishing vessel to another.”

13.  “joint  fishing  operation”  means  any  operations  between  two  or  more  vessels
where catch is taken from the fishing gear of one fishing vessel to another.”

2.

In Article 4 paragraph 1 is replaced by the following:

“1. Only Community fishing vessels which have been issued a special fishing permit
by their flag Member state shall be authorised, on the conditions set out in the permit,
to  fish,  keep  on  board,  engage  in  transhipment  or  joint  fishing  operations  and  land
fishery resources from the Regulatory Area.”

3.

In Article 5 (2) the following subparagraph is added:

“However, Member States may exempt from keeping a log book indicating catches
of  fish  a  Community  fishing  vessel  engaged  in  transhipment  operations  which  on-
loads quantities on board.”

4.

In Article 6 (1) points c) and d) are replaced by the following:

“c)  the  quantities  held  on  board  when  a  vessel  leaves  the  Regulatory  Area.  These
reports  shall  be  transmitted  no  earlier  than  8  hours  and  no  later  than  6  hours  in
advance  of  each  departure  from  the  Regulatory  Area.  It  shall  include  where
appropriate, the number of fishing days and the catches taken in the Regulatory Area
since the commencement of fishing, or since the last catch report.”

“d)  the  quantities  loaded  and  unloaded  for  each  transhipment  of  fish  and  the  catch
taken on board in joint fishing operations during the vessel’s stay in the Regulatory
Area. These reports shall be transmitted no later than 24 hours after the completion
of the transhipment or joint fishing operation

5.

In Article 9 the following subparagraph shall be added:

“A master of a Community fishing vessel engaged in transhipment operations which
on-loads  quantities  on  board  shall  not  engage  in  fishing  activities,  including  joint
fishing operations, during the same trip.”

4

6.

Article 24 is replaced by the following:

“Article 24

Transhipments and joint fishing operations

A  master  of  a  Community  fishing  vessel  shall  not  engage  in  transhipment  or  joint
fishing operations with non-Contracting Party vessels.”

7.

In  Article  30,  the  date  "31  December  2002"  shall  be  replaced  each  time  by  "31
December  2004"  and  the  date  "30  September  2002"  shall  be  replaced  by  "31
December 2003".

Article 2

This Regulation shall enter into force on the 7th  day  following  that  of  its publication in the
Official Journal of the European Communities.

Article 1 (7) shall apply from 1 January 2003.

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

Done at Brussels, 

For the Council
The President

5