Opinion of the European Economic and Social Committee on the  Proposal for a Council Regulation amending Regulation (EC) No 3317/94 as regards the transmission of applications for fishing licences to third countries (COM(2005) 238 final — 2005/0110 (CNS))
Date: 2005-09-28
Institutions: European Economic and Social Committee
Subjects: agreement (EU), fishing agreement, fishing licence, fishing regulations, fishing rights, protocol to an agreement, third country

31.1.2006

EN

Official Journal of the European Union

C 24/19

Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Regu-
lation amending Regulation (EC) No 3317/94 as regards the transmission of applications for fishing
licences to third countries’

(COM(2005) 238 final — 2005/0110 (CNS))

(2006/C 24/07)

On 16 June 2005 the Council decided to consult the European Economic and Social Committee, under
Article 37 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing
the Committee's work on the subject, adopted its opinion on 7 September 2005. The rapporteur was
Mr Sarró Iparraguirre.

At its 420th plenary session, held on 28 and 29 September 2005 (meeting of 28 September), the European
Economic and Social Committee adopted the following opinion by 162 votes to two with six abstentions.

Under the terms of Community fisheries agreements with
1.
third countries, a new protocol
is negotiated in good time
before the expiry of the existing one so as to avoid any inter-
ruption in the fleets' activities.

6.
In such cases it is not possible, during the intervening
period from the provisional application date, to start taking
advantage of the fishing opportunities provided for in the new
protocol.

2. When the negotiations are completed, the Community
and the third country sign the new text of the protocol and the
annex thereto, together with an exchange of letters on the
provisional application of the new protocol from a specific
date. This provisional date is generally the day following the
expiry date of the previous protocol.

To validate the signing of all

3.
the
Commission departments start the procedure for producing a
formal proposal which is then submitted to the Council for
adoption.

these documents,

4.

This procedure comprises two strands:

— A Council regulation, accompanied by the opinion of the

European Parliament;

— A Council decision which

— allocates fishing opportunities between the Member

States

— approves the exchange of

letters on the provisional

application of the new protocol.

5.
It may be several months before the Council adopts the
formal proposal, with the decision being adopted some months
after the provisional application date laid down in the exchange
of letters, as the date on which negotiations end depends on
the third country.

Brussels, 28 September 2005

7.
The procedures and implementing rules which the
Commission and the flag Member State are to follow for mana-
ging fishing by Community vessels under fisheries agreements,
and for handling fishing licences with third countries, are
governed by Council Regulation (EC) No. 3317/94 of 22
December 1994 (1).

The present proposal seeks to add a subparagraph to
8.
Article 5(2) of Regulation 3317/94, which concerns
the
sending of fishing-licence applications. The new subparagraph
would allow the Commission to process licence applications
from Member States immediately and send them on to the
third country without having to wait for Council adoption of
the decision on provisional application of the new protocol.

fishing activities. Bearing in mind that

The Committee agrees that it is important to avoid any
9.
suspension of
the
method of allocating fishing opportunities used in the previous
protocol would continue to apply, that account would be taken
of the principle of relative stability, and that this should be
without prejudice to the provisions adopted subsequently by
the Council,
the Commission
proposal.

the Committee

endorses

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND

(1) OJ L 350, 31.12.1994.