2005/128/EC: Commission Decision of 14 February 2005 granting Italy a partial derogation on the submission of data on the landings of fishery products in Member States (notified under document number C(2005) 322)
Date: 2005-02-14
Institutions: European Commission
Subjects: Italy, derogation from EU law, fishing regulations, quantity of fish landed, statistics

15.2.2005

EN

Official Journal of the European Union

L 43/27

COMMISSION DECISION

of 14 February 2005

granting Italy a partial derogation on the submission of data on the landings of fishery products in
Member States

(notified under document number C(2005) 322)

(Only the Italian text is authentic)

(2005/128/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 1382/91 of
21 May 1991 on the submission of data on the landings of
fishery products in Member States (1), and in particular Article
5(4) and (5) thereof,

(5)

(6)

(7)

Whereas:

Italy should be authorised to employ sampling tech-
niques to estimate more than the 10 % maximum by
weight of
fishery products landed on condition that
resultant estimates of the total weight of landings are
of at least an equivalent standard of reliability.

In accordance with Article 5(5) of Regulation (EEC)
this derogation shall be granted for a
No 1382/91,
maximum of three years.

in this Decision are in
The measures provided for
accordance with
Standing
the
Committee on Agricultural Statistics, set up by Council
Decision 72/279/EEC (2),

opinion

the

of

(1)

(2)

(3)

(4)

The collection of data on the landings of fishery products
by Italian coastal vessels as laid down in Regulation (EEC)
No 1382/91 imposes a very heavy workload on the
national authorities.

HAS ADOPTED THIS DECISION:

Article 1

The increased use of sampling techniques would signifi-
cantly reduce this workload and has been demonstrated
by the Italian authorities to significantly increase the
quality of the resultant data.

The level of
sampling envisaged in this proposed
technique exceeds the limit of 10 % by weight of the
fishery products provided for in Article 1 of Regulation
(EEC) No 1382/91.

In accordance with Article 5(4) of Regulation (EEC)
No 1382/91, in cases where the inclusion of a particular
sector of the fisheries of a Member State would cause
difficulties to the national authorities incommensurate
with the importance of
the Commission
may grant a derogation permitting such a Member
State to exclude data for that sector from the national
data submissions.

that sector,

Italy is authorised to employ sampling techniques to estimate
more than the 10 % maximum by weight of fishery products
landed in the reference month foreseen in Article 1 of Regu-
lation (EEC) No 1382/91.

Article 2

This authorisation shall end on 31 December 2006.

Article 3

This Decision is addressed to the Italian Republic.

Done at Brussels, 14 February 2005.

For the Commission

Joaquín ALMUNIA
Member of the Commission

(1) OJ L 133, 28.5.1991, p. 1. Regulation as last amended by Regu-
lation (EC) No 1882/2003 of the European Parliament and of the
Council (OJ L 284, 31.10.2003, p. 1).

(2) OJ L 179, 7.8.1972, p. 1.