Proposal for a Council Regulation concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters
Date: 2007-06-18
Institutions: European Commission
Subjects: EU waters, common fisheries policy, fishery management, fishing area, fishing regulations, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.6.2007 
COM(2007) 330 final 

2007/0114 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning authorisations for fishing activities of Community fishing vessels outside 
Community waters and the access of third country vessels to Community waters 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The  proposal  follows  the  proposal  laid  down  in  2006-08  Action  plan  for  simplifying  and 
improving  the  Common  Fisheries  Policy1.  With  regard  to  the  changed  circumstances  for 
fisheries  outside  Community  waters  since  the  adoption  of  Council  Regulation  (EC)  No 
3317/94 of 22 December 1994 laying down general provisions concerning the authorization 
of fishing in the waters of a third country under a fisheries agreement2 and in order to comply 
with  international  obligations,  it  is  necessary  to  introduce  a  general  Community  system  for 
authorisation of all fishing activities of Community vessels outside Community waters. 

The  rules  for  access  of  vessels  flying  the  flag  of  a  third  country  to  Community  waters,  as 
currently  laid  down  in  several  different  legal  texts,  should  also  be  redefined  and,  as  far  as 
appropriate, aligned with the rules applicable to Community fishing vessels. 

Introducing  electronic  exchange  of  data  in  the  administrative  process,  where  possible,  will 
allow  the  speed  up  of  the  procedures,  ensure  higher  quality  output  of  the  process,  allow  to 
inform all concerned administrations to get feed-back on-line or via e-mail and increase the 
overall efficiency of the administrative process. 

•  General context 

The  Common  Fisheries  Policy  (CFP)  covers  not  only  the  fishing  activities  in  Community 
waters, but also fishing activities of Community fishing vessels outside those waters. Fishing 
activities  in  international  waters  and  in  the  waters  of  third  countries  are  to  a  large  extent 
covered by bilateral or multilateral agreements to which the Community is party. In order to 
comply with the obligations deriving from those agreements as well as to serve the objectives 
of  the  CFP  it  is  important  that  there  is  a  clear  set  of  rules  concerning  the  authorisation  of 
fishing  activities  and  the  control  on  those  activities  by  the  Member  States  and  the 
Commission. 

The  Community  fishing  fleet  is  active  in  the  territorial  waters  of  around  20  third  countries, 
under the scope of bilateral agreements between those countries and the Community. Most of 
these  agreements  are  agreements  with  a  financial  contribution  for  the  Community,  in 
particular this is the case for the agreements with African and South American states, like for 
example Gabon, Cap Verde, Senegal, Mauritania, Madagascar, Mozambique, Mauritius, São 
Tomé et Principe, Seychelles, Kiribati, Micronesia and Salomon Islands but also for example 
for the agreement with Greenland. The other 'Northern agreements' however, concluded with 
Norway,  Iceland  and  the  Faroe  Islands,  as  well  as  with  French  Guyana,  do  not  entail  a 
financial  contribution  for  the  Community  and  are  mainly  based  on  the  trading  of  fishing 
rights. 

In the international waters the Community fleet engages in fishing activities under the scope 
of the various Regional Fisheries Management Organisation (RFMO) agreements: Northwest 

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2

Communication from the Commission to the Council and Parliament of 8.12.2005, COM (2005) 647final. 
OJ L 350, 31.12.1994, p. 13. 

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Atlantic  Fisheries  Organisation  (NAFO),  International  Convention  for  the  conservation  of 
Atlantic  Tunas  (ICCAT),  Indian  Ocean  tuna  Commission  (IOTC),  Northeast  Atlantic 
Fisheries  Commission  (NEAFC),  Western  and  Central  Pacific  Fisheries  Commission 
(WCPFC),  Commission  for  the  Conservation  of  Antarctic  Marine  Living  Resources 
(CCAMLR),  General  Fisheries  Commission  for  the  Mediterranean  (GFCM),  the  Inter-
American  Tropical  Tuna  Commission  (IATTC)  and  the  Southeast  Atlantic  Fisheries 
Organisation (SEAFO). 

Apart  from  the  activities  regulated  under  those  agreements,  Community  fishing  vessels 
engage in fishing activities on high seas, not covered by any specific agreement. 

The management of the fishing activities takes place through the granting of authorisations to 
the vessels concerned. The types of authorisations to be issued as well as the procedures differ 
between the various agreements. 

For  bilateral  agreements,  the  third  country  is  responsible  for  issuing  authorisations.  After 
concluding  the  agreement  and  the  repartition  of  rights  between  the  Member  States  by  the 
Council,  the  Commission  will  transmit  requests  to  the  third  country  and  will  consequently 
inform  the  Member  States  of  the  authorisation  that  have  been  issued.  The  administrative 
procedures relating to those types of agreements both within the Member States as well as the 
Commission  are  often  heavy  and  require  the  compositions  of  detailed  files  for  each  vessel 
concerned.  Where  the  agreement  involves  a  financial  contribution  from  the  Community, 
further  administrative  work  is  necessary  for  calculation  of  fees,  inventories  of  errors  etc. 
Approximately 400 Community fishing vessels share 1,600 authorisations yearly to fish under 
such agreements. As regards the agreements without financial contribution, quota transfers are 
usual  to  occur  and  require  that  new  authorisations  are  requested.  Around  850  Community 
Fishing vessels share 1600 authorisations under such type of agreements. 

Authorisation of fishing activities under the RFMO agreements is usually being coordinated 
by  the  secretariat  of  the  RFMO.  The  procedures  are  generally  simpler.  For  most  cases 
authorisation  takes  place  by  establishing  lists  of  authorised  vessels,  which  are  sent  to  the 
RFMO secretariat. There is however no harmonisation of the procedures applicable under the 
various  RFMOs.  Currently,  around  8,000  Community  fishing  vessels  have  been  authorised 
(13,000 authorisations) to fish under the scope of the RFMO agreements. 

Vessels  flying  the  flag  of  a  third  country  can  be  granted  access  to  Community  waters. 
Currently  authorisations  are  granted  for  250  vessels,  the  majority  being  Norwegian  vessels 
authorised  to  fish  in  Community  waters  under  the  scope  of  the  yearly  agreement  between 
Norway  and  the  Community.  The  procedure  for  authorising  third  country  vessels  to  fish  in 
Community  waters  is  of  a  different  character  that  the  activities  mentioned  above.  For  these 
types of authorisations, the Commission is the authority authorised to issue the authorisation 
and  the  rules  and  procedures  are  established  in  Community  legislation  rather  than  based  on 
provisions following from the agreements in question. 

•  Existing provisions in the area of the proposal 

The existing provisions relating to the authorisation of fishing activities of Community fishing 
vessels  outside  Community  waters  are  currently  laid  down  in  several  different  legal  texts. 
Regulation  (EC)  No  3317/94  contains  the  general  rules  concerning  the  procedure  for 
transmitting applications to third countries. 

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Apart  from  these  procedural  provisions,  there  exist  various  specific  rules  with  regard  to  the 
authorisation  of  fishing  activities  under  certain  bilateral  fisheries  agreements  and  under 
Regional  Fisheries  Management  Organisations,  such  as  for  example  in  Council  Regulations 
(EC)  No  2847/1993  of  12  October  1993  establishing  a  control  system  applicable  to  the 
common fisheries policy3 (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing 
opportunities  and  associated  conditions  for  certain  fish  stocks  and  groups  of  fish  stocks, 
applicable  in  Community  waters  and,  for  Community  vessels,  in  waters  where  catch 
limitations  are  required4  and  several  Council  Regulations  adopting  provisions  regarding 
bilateral fisheries agreements and RFMO agreements. 

Moreover,  as  regards  the  fishing  activities  of  third  country  fishing  vessels  in  Community 
waters is regulated in Title VI of Regulation (EC) No 2847/93 as well as in the yearly TAC 
and Quota Regulation. 

The proposal is intended to align these existing provisions and to repeal Regulation (EC) No 
3317/94  and  some  of  provisions  of  the  Regulations  mentioned  above.  Specific  conditions, 
applicable under the various agreements, not directly linked to the procedure and conditions 
for the authorisation of fishing will remain to be in force. 

•  Consistency with other policies and objectives of the Union 

The proposal will serve the objectives of the CFP as well as allow the Community to better 
ensure compliance with its international obligations. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The  Commission  has  held  several  meetings  with  National  Administrations.  The  Advisory 
Committee on Fisheries and Aquaculture (ACFA) has also been consulted. 

Summary of responses and how they have been taken into account 

The parties consulted have supported the proposals from the Commission to clarify, simplify 
and improve the procedures for the management of fishing authorisations. 

Broad  support  was  received  on  the  proposal  to  ensure  better  compliance  with  international 
obligations.  Some  ACFA  members  expressed  concerns  on  the  application  of  sanctions  with 
regard to less serious infringements as well as on the powers granted to the Commission for 
refusing transmission of requests. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

Managers of fishing authorisations in National Administrations and the Commission. 

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4 

OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1). 
OJ L 18, 25.1.2007, p. 11. 

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Methodology used 

Several meetings with the experts concerned have been held. 

Main organisations/experts consulted 

Managers of fishing authorisations: Member States and Commission Administrators. 

Summary of advice received and used 

All available expertise has been taken into account to determine the content of the proposed 
Regulation. 

Methods used to make the results of these expert opinions available to the public 

The  experts'  opinion  and  advice  concerned  administrative  tasks.  They  have  not  been  made 
available to the public. 

•  Impact assessment 

The  aim  of  this  Regulation  is  to  simplify  and  improve  the  procedures  related  to  the 
management of fishing authorisations. 

Its  application  will  have  a  great  impact  in  the  simplification  of  the  daily  work  of  National 
Administrations  and  of  the  Commission.  The  Regulation  introduces  clear  rules  and  a  single 
procedure to be applied for the management of all fishing authorisations and fixes the general 
division of responsibilities between the Commission and the Member States. 

It  will  reduce  the  workload  not  only  on  administrators  but  on  fishermen  also,  in  particular 
through  increased  use  of  computerisation  and  automation  of  certain  procedures.  Given  the 
vast amount of authorisations for Community fishing vessels yearly dealt with by the national 
administration  and  Commission,  this  will  allow  for  better  coordination  of  the  work  and 
significantly simplify the daily tasks of those administrations. 

The application of the Regulation will facilitate a better compliance of rules by fishermen and 
a better enforcement of the CFP rules by the introduction of eligibility criteria, sanctions and 
the reinforcement of reporting of catches and fishing effort. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The  proposed  Regulation  sets  up  general  rules  and  conditions  to  be  applied  for  all 
transmissions  of  the  requests  for  authorisations.  This  will  not  only  create  clarity  for  the 
Member States and fishermen on what conditions need to be fulfilled, but will also help the 
Commission to manage the transmissions in a more effective and efficient way. Its application 
will  simplify  the  daily  work  of  National  Administrations  and  of  the  Commission.  The 
Regulation introduces clear rules and a single procedure to be applied for the management of 
all  fishing  authorisations  and  fixes  the  general  division  of  responsibilities  between  the 
Commission and the Member States. 

The proposal will also provide the necessary legal framework for the application of simplified 
and uniform electronic transmission of data and to enhance reporting. Such an exchange is not 

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only  necessary  in  order  to  keep  up  with  the  technical  evolution,  but  needed  to  facilitate  a 
speeding up of procedures, whilst decreasing the risks of mistakes being made throughout the 
process.  Such  a  system  will  allow  Commission  and  Member  States  and,  where  appropriate, 
fishermen to get feed-back on-line or via e-mail at every stage of the process and increases the 
overall efficiency of the administrative process. 

Apart  from  the  changes  with  regard  to  the  administrative  process,  the  proposal  will  better 
ensure  compliance  of  rules  by  fishermen  and  a  better  enforcement  of  the  CFP  rules  by  the 
introduction of eligibility criteria, sanctions and the reinforcement of reporting of catches and 
fishing effort. The  regulation excludes for authorisations, all vessels that have not complied 
with their obligations during the preceding year, or that have been listed by a RFMO as "IUU 
vessel", being a vessel involved in illegal, unreported and unregulated (IUU) fishing. 

Moreover,  compliance  with  international  obligations  under  the  various  agreements  is 
strengthened by introducing measures obliging Member States to prohibit fishing for a vessel 
which has been involved in a serious infringement or has been placed on an IUU list. 

In order to ensure compliance of the Member States with their reporting obligations regarding 
fishing  activities  falling  under  the  scope  of  agreements,  enforcement  of  those  rules  by  the 
Commission is enhanced, by allowing the Commission to refuse transmission of requests for a 
Member State as long as it has not fully complied with those reporting obligations. 

Moreover,  in  order  to  avoid  over  utilisation  of  fishing  rights,  the  Commission  needs  to  be 
enabled  to  refuse  the  transmission  of  request  for  fishing  authorisations  in  case  the  fishing 
possibilities available to a Member State concerned are clearly not sufficient for the number 
of authorisations requested. 

Finally, in order to ensure that fishing opportunities available to the Community will be made 
use of in the fullest extent possible, it would be necessary to introduce some sort of measures 
allowing for temporary reallocation of fishing authorisations in the case of underutilisation of 
fishing opportunities. 

•  Legal basis 

Article  37  of  the  Treaty  is  taken  as  the  legal  basis,  with  regard  to  the  broad  scope  of  the 
Regulation  and  given  the  importance  of  this  text  for  the  functioning  of  the  CFP  in  the 
international context. 

•  Subsidiarity principle 

This  proposal  falls  within  the  ambit  of  the  CFP,  which  is  the  exclusive  competence  of  the 
Community. Therefore, the subsidiarity principle does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

•  The proposal allows the Community to comply with its international obligations; 

•  The proposal reflects a fair distribution of the financial and administrative burden 

between all actors. 

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•  Choice of instruments 

As it concerns a field of exclusive competence for the Community and seen the need for rules 
to be applied directly and similarly by all actors concerned, the legislation is proposed in the 
form of a Regulation. 

4. 

BUDGETARY IMPACT 

There is not impact for the Community budget. 

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2007/0114 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning authorisations for fishing activities of Community fishing vessels outside 
Community waters and the access of third country vessels to Community waters 

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 Commission5, 

Having regard to the opinion of the European Parliament6, 

Whereas: 

(1) 

(2) 

Council  Regulation  (EC)  No  3317/94  of  22  December  1994  laying  down  general 
provisions  concerning  the  authorization  of  fishing  in  the  waters  of  a  third  country 
under  a  fisheries  agreement7  establishes  the  procedure  for  authorisation  of  fishing 
activities  of  Community  fishing  vessels  in  the  waters  under  jurisdiction  of  third 
countries under the scope of fisheries agreements concluded between the Community 
and  third  countries.  The  procedure  established  in  that  Regulation  is  no  longer 
considered  to  serve  the  needs  with  regard  to  international  obligations  deriving  from 
bilateral fisheries agreements and multilateral agreements and conventions adopted in 
the framework of Regional Fisheries Management Organisations (RFMO). Moreover 
that  Regulation  no  longer  suffices  to  serve  the  objectives  of  the  Common  Fisheries 
Policy (CFP), in particular as regards sustainable fisheries and control. 

Following  the  2006-08  Action  plan  for  simplifying  and  improving  the  Common 
Fisheries  Policy8  and  the  changed  circumstances  for  fisheries  outside  Community 
waters since the adoption of Regulation (EC) No 3317/94, and in order to comply with 
international obligations, it is necessary to introduce a general Community system for 
authorisation  of  all  fishing  activities  of  Community  vessels  outside  Community 
waters. Moreover, the rules for access of vessels flying the flag of a third country to 
Community  waters,  as  currently  laid  down  in  several  different  legal  texts,  should  be 
redefined  and,  as  far  as  appropriate,  aligned  with  the  rules  applicable  to  Community 
fishing vessels. 

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8 

OJ C , , p. . 
OJ C […], […], p. […]. 
OJ L 350, 31.12.1994, p. 13. 
Communication from the Commission to the Council and Parliament of 8.12.2005, COM (2005) 647final. 

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(3) 

(4) 

Community  vessels  should  only  be  allowed  to  engage  in  fishing  activities  outside 
Community  waters  after  having  been  authorised  by  the  competent  authority 
responsible  for  the  authorisation  of  the  fishing  activities  concerned,  such  as  the 
competent authority of the third country in whose waters the activities take place, the 
authority  competent  for  authorising  fishing  activities  in  international  waters  covered 
by  provisions  adopted  by  an  RFMO,  or,  where  it  concerns  fishing  activities  not 
regulated by any agreement, the competent authorities of the Member States. 

It is important to clearly spell out the responsibilities of the Commission and Member 
States as regards the procedure for the authorisation of fishing activities of Community 
vessels  outside  Community  waters;  in  this  respect  the  Commission  should  be  in  a 
position to ensure that international obligations and CFP provisions are complied with, 
that  the  requests  for  transmission  of  applications  are  complete  and  that  they  are 
transmitted  in  accordance  with  the  deadlines  established  under  the  agreements 
concerned. 

(5)  With  regard  to  the  international  obligations,  as  well  as  the  objectives  of  the  CFP, 
vessels  that  during  the  previous  12  months  have  been  involved  in  serious 
infringements  or  that  are  placed  on  an  internationally  established  list  of  vessels 
involved  in  illegal,  unreported  and  unregulated  fishing  (IUU  list),  should  not  be 
considered  eligible  for  authorisation  of  any  fishing  activities  outside  Community 
waters. In addition, Member States should be obliged to take immediate measures to 
prevent the continuation of fishing activities of their vessels that have been involved in 
such activities. 

(6)  Moreover,  where  a  Member  State  fails  to  fulfil  its  obligations  under  the  CFP  in 
relation to fishing activities of its vessels outside Community waters, the Commission, 
after  having  given  the  Member  State  the  opportunity  to  be  heard,  should  in  certain 
occasions be enabled to refuse transmission of applications for fishing authorisation of 
that Member State until it has fulfilled the obligations concerned. 

(7) 

(8) 

(9) 

Recital on provisional allocation: [in accordance with doc COM (2005) 238 final, shall 
be inserted after adoption of that Regulation]. 

In order to ensure that the fishing opportunities available to the Community under the 
fisheries  agreements  are  used  in  full,  it  is  necessary  that  the  Commission  be 
empowered  to  temporarily  reallocate  fishing  opportunities  not  used  by  a  certain 
Member  State,  without  prejudice  to  the  relative  stability  for  allocation  of  fishing 
opportunities between the Member States. 

Provisions on control of utilisation of fishing opportunities outside Community waters 
and  of  fishing  opportunities  within  Community  waters  allocated  to  third  countries 
should  be  aligned  and  should  allow  for  timely  action  to  prevent  Member  States  and 
third countries for exceeding those opportunities. 

(10)  For the consistent and effective prosecution of infringements, the possibility must be 
provided  to  make  full  use  of  inspection  and  surveillance  reports  drawn  up  by 
Commission inspectors, Community inspectors, inspectors of the Member States and 
inspectors of third countries. 

(11)  All  data  related  to  the  agreements  and  the  activities  of  Community  vessels  fishing 
outside Community waters should be up to date and, as far as appropriate, accessible 

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to the Member States and third countries concerned. For this purpose it is necessary to 
establish a specific information system. 

(12)  Flexibility  should  be  introduced  to  allow  for  exemptions  to  this  Regulation  where 
required to comply with international obligations; measures for the implementation of 
this Regulation should be adopted in accordance with Council Decision 1999/468/EC 
of 28 June 1999 laying down the procedures for the exercise of implementing powers 
conferred on the Commission9. 

(13)  Regulation  (EC)  No  3317/94  as  well  as  the  provisions  relating  to  access  of  third 
country  fishing  vessels  to  Community  waters  laid  down  in  Regulation  (EC)  No 
1627/94  of  27  June  1994  laying  down  general  provisions  concerning  special  fishing 
permits10 and Regulation (EC) No 2847/93 of 12 October 1993 establishing a control 
system applicable to the common fisheries policy11, need to be repealed, 

HAS ADOPTED THIS REGULATION:  

CHAPTER I 

GENERAL PROVISIONS 

Article 1 

Scope and objectives 

This Regulation establishes provisions concerning: 

(a) 

the authorisation for Community fishing vessels 

(i) 

(ii) 

to  engage  in  fishing  activities  in  the  waters  under  the  sovereignty  or 
jurisdiction  of  a  third  country  in  the  framework  of  an  agreement  concluded 
between the Community and that country or 

to engage in fishing activities falling under the scope of a fisheries agreement 
adopted  in  the  framework  of  a  Regional  Fisheries  Management  Organisation 
(hereinafter to be referred to as "RFMO") or  

(iii) 

to engage in fishing activities outside Community waters not falling under the 
scope of a fisheries agreement; 

(b) 

the authorisation for vessels flying the flag of a Member State other than Community 
fishing vessels to engage in activities outside Community waters in the framework of 
an agreement; 

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OJ L 184, 17.7.1999, p. 23. 
OJ L 171, 06.07.1994, p. 7. 
OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1). 

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(c) 

(d) 

the authorisation for Community installations, vessels or facilities to engage in fish 
farming outside Community waters in the framework of an agreement; 

the  authorisation  for  third  country  vessels  to  engage  in  fishing  activities  in 
Community waters; 

and the reporting obligations relating to the activities authorised. 

Article 2 

Definitions 

For the purpose of this Regulation the following definitions shall apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

Agreement: fisheries agreement concluded or signed in accordance with Article 300 
of the Treaty; 

Fishing  activities:  catching,  retaining  on  board,  processing, 
transporting of fish; 

transferring  or 

Fish farming: caging or transferring to cages of fish for fattening or farming purposes 
and related rearing, harvesting or catching activities; 

Community fishing vessel: Community fishing vessel as referred to in Article 3(d) of 
Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and 
sustainable exploitation of fisheries resources under the Common Fisheries Policy12; 

Community fleet register: Community fishing fleet register as referred to in Article 
15 (3) of Regulation (EC) No 2371/2002; 

Fishing  opportunity:  Fishing  opportunity  as  defined  in  Article  3(q)  of  Regulation 
(EC) No 2371/2002; 

Authorising authority: authority responsible for the authorisation of fishing activities 
of Community fishing vessels under the agreement; 

Fishing  authorisation:  entitlement  to  engage  in  fishing  activities  during  a  specified 
period, in a given area or for a given fishery; 

Fishing  effort:  fishing  effort  as  defined  in  Article  3(h)  of  Regulation  (EC)  No 
2371/2002; 

Electronic  transmission:  transfer  of  data  in  electronic  format,  with  the  contents, 
format and protocol established by the Commission or agreed upon by the parties of 
an agreement; 

Mixed  fisheries:  fishing  activities  targeting  more  than  one  species  and  resulting  in 
catches  consisting  of  at  least  two  different  species,  each  of  which  amounting  to  at 
least 4% of the total catch either in value or in biomass; 

12 

OJ L 358, 31.12.2002, p. 59. 

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(l) 

(m) 

(n) 

(o) 

Fishing category: a subdivision of the fleet based on criteria such as in particular type 
of vessels, type of fishing activities and fishing gear deployed; 

Serious  infringement:  a  serious  infringement  as  defined  in  Regulation  (EC)  No 
1447/99  of  24  June  1999  establishing  a  list  of  types  of  behaviour  which  seriously 
infringe  the  rules  of  the  common  fisheries  policy13,  or  a  serious  infringement  or  a 
serious violation under the agreement concerned; 

IUU  list:  list  of  fishing  vessels  identified  in  the  framework  of  a  RFMO  as  having 
been involved in illegal unreported and unregulated fishing; 

Community fishing authorisation information system: information system established 
by the Commission in accordance with Article 16; 

(p) 

Third country vessel: a vessel, flying the flag and/or registered in a third country. 

CHAPTER II 

FISHING ACTIVITIES BY COMMUNITY FISHING VESSELS 
OUTSIDE COMMUNITY WATERS 

SECTION I 

GENERAL PROVISIONS 

Article 3 

General provision 

Only  Community  fishing  vessels  for  which  a  fishing  authorisation  has  been  issued  in 
accordance with this Regulation shall be entitled to engage in fishing activities in the waters 
subject to an agreement. 

SECTION II 

AUTHORISATIONS FOR FISHING ACTIVITIES WITHIN THE FRAMEWORK OF 
AGREEMENTS 

Article 4 

Statement of interest 

13 

OJ L 167, 02.07.1999, p. 5. 

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1. 

2. 

When an agreement has been concluded, the Commission shall inform the Member 
States thereof. 

At  the  latest  15  days  after  the  information  from  the  Commission  referred  to  in 
paragraph  1,  the  Member  States  shall  notify  through  electronic  transmission  to  the 
Commission  a  list  of  vessels  interested  in  making  use  of  the  fishing  opportunities 
allocated  to  the  Community  by  that  agreement,  containing  the  Community  fleet 
register identification number and international radio call sign of the vessel and any 
other  data  required  under  the  agreement  or  prescribed  in  accordance  with  the 
procedure referred to in Article 33(2). 

Article 5 

Communication of the fishing plan 

At  least  one  month  before  the  deadline  for  transmission  of  applications  laid  down  in  the 
agreement, Member States shall submit through electronic transmission to the Commission a 
fishing  plan,  containing  the  number  of  vessels  for  which  they  intend  to  apply  for  fishing 
authorisations, accompanied by planned fishing effort information. 

Article 6 

Submission of requests for transmission of applications 

1. 

2. 

At  the  latest  10  working  days  before  the  deadline  for  transmission  of  applications 
laid down in the agreement, or in the absence of a deadline in the agreement, at the 
latest 10 working days before the deadline established by the Commission, Member 
States  shall  submit  to  the  Commission  through  electronic  transmission,  the  request 
for  fishing  authorisations  for  the  fishing  vessels  concerned  in  accordance  with  the 
fishing plan referred to in Article 5. 

The  requests  referred  to  in  paragraph  1  shall  contain  at  least  the  Community  fleet 
register identification number and international radio call sign of the vessel and any 
other  data  required  under  the  agreement  or  prescribed  in  accordance  with  the 
procedure referred to in Article 33(2). 

Article 7 

Eligibility criteria 

1. 

Member  States  shall  not  submit  to  the  Commission  requests  for  a  fishing 
authorisation for fishing vessels flying their flag: 

(a) 

(b) 

that are not eligible for a fishing authorisation under the agreement concerned 
or are not included in the list of vessels notified in accordance with Article 4; 

that  during  the  previous  12  months  of  fishing  activities  under  the  agreement 
concerned or, in case of a new agreement, of fishing activities of the agreement 
that  preceded  that  agreement,  have  committed  a  serious  infringement,  or, 

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where  appropriate,  have  not  yet  fulfilled  the  conditions  under  that  agreement 
for that period; 

(c) 

that are included in an IUU list; 

(d) 

(e) 

(f) 

(g) 

for  which  the  data  contained  in  the  Community  fleet  register  and  the 
Community  fishing  authorisation  information  system  within  the  meaning  of 
Article 16 is incomplete or inaccurate; 

that  do  not  have  a  valid  fishing  licence  as  referred  to  in  Commission 
Regulation  (EC)  No  1281/2005  of  3  August  2005  on  the  management  of 
fishing licences and the minimal information to be contained therein14

; 

for which the data required under the agreement is not available nor accessible 
for the authorising authority; 

for which the requests for a fishing authorisation are not in accordance with the 
provisions of the agreement concerned and this Regulation. 

Each  Member  State  shall  ensure  that  the  number  of  applications  for  fishing 
authorisations  for  which  it  requests  transmission  is  commensurate  with  the  fishing 
opportunities available to that Member State under the agreement. 

Article 8 

Transmission by the Commission 

The  Commission  shall  transmit  the  applications  to  the  authorising  authority 
concerned within 10 working days after receipt of the request from the Member State 
and in accordance with the provisions laid down in this Article. 

The  Commission  shall  examine  the  fishing  plans  and  requests  for  transmission  of 
applications, taking into account: 

(a) 

the fishing opportunities allocated to each Member State by the Council on the 
basis of Article 20 of Regulation (EC) No 2371/2002 or pursuant to Article 300 
of the Treaty and 

2. 

1. 

2. 

(b) 

the conditions laid down in the agreement. 

3. 

The Commission shall verify: 

(a) 

that the conditions laid down in Article 7 are complied with and 

(b) 

that 
the  number  of  applications  for  fishing  authorisations  for  which 
transmission  is  requested  by  the  Member  States  concerned  is  consistent  with 
the fishing opportunities available under the agreement, taking into account the 
requests of all Member States, and where appropriate, the fishing plans. 

14 

OJ L 203, 4.8.2005, p. 3. 

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Article 9 

Non transmission of individual applications 

1. 

The  Commission  shall  not  transmit  to  the  authorising  authority  applications,  with 
regard to which: 

(a) 

the data provided by the Member State is incomplete; 

(b) 

(c) 

the fishing opportunities for the Member State concerned are insufficient with 
regard to the number of applications submitted by the Member State; 

the conditions laid down in the agreement and this Regulation are not complied 
with. 

2. 

In  case  of  non-transmission  of  one  or  more  applications,  the  Commission  shall 
without delay inform the Member State concerned, stating its reasons. 

Article 10 

Non transmission of all applications submitted by a Member State 

Where the Commission has reason to believe that a Member State has not complied with the 
obligations  referred  to  in  Annex  I  with  regard  to  a  specific  agreement,  it  shall  inform  the 
Member State thereof and give that Member State the opportunity to submit its observations. 
Should the Commission determine, in the light of any observations submitted by the Member 
State, that a breach of those obligations has occurred, then it shall decide, having due regard 
to the principles of legitimate expectation and proportionality, to exclude the vessels of that 
Member State from further participation under that agreement. 

Article 11 

Information 

1. 

2. 

3. 

The  Commission  shall  inform  the  flag  Member  State  without  delay,  by  electronic 
transmission, of the authorisation for fishing granted by the authorising authority or 
the decision of the authorising authority not to authorise fishing for a certain fishing 
vessel.  Where  required  under  or  pursuant  to  the  agreement,  the  accompanying  and 
original paper documents shall be sent by paper transmission. 

The flag Member States shall immediately inform the owners of the fishing vessels 
concerned of the information received in accordance with paragraph 1. 

If an authorising authority informs the Commission that it has decided to suspend or 
to withdraw a fishing authorisation issued for a Community fishing vessel under an 
agreement, the Commission shall immediately inform by electronic transmission the 
flag Member State of that vessel. The flag Member State shall immediately transmit 
that information to the owner of that vessel. 

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4. 

The Commission shall carry checks to establish the compatibility with the agreement 
in  consultation  with  the  flag  Member  State  and  with  the  authorising  authority 
concerned and inform them both of the outcome. 

Article 12 

Provisional allocation 

If the Council has not yet adopted the decision on the temporary application of a new protocol 
to a bilateral fisheries agreement with a third country allocating fishing opportunities between 
the Member States, the Commission shall transmit the applications for a fishing authorisation 
to  the  third  country  concerned  in  accordance  with  this  Regulation,  without  prejudice  to  the 
provisions  subsequently  adopted  by  the  Council.  For  the  purposes  of  this  transmission,  the 
Commission shall apply the method of allocating fishing opportunities in force in the previous 
protocol.  [Text  in  accordance  with  doc  COM  (2005)  238  final,  shall  be  amended 
accordingly after adoption of that Regulation] 

Article 13 

Underutilisation of fishing opportunities 

1. 

2. 

3. 

4. 

5. 

If,  on  the  basis  of  the  fishing  plan  referred  to  in  Article  5  or  the  request  for 
transmission  of  applications  referred  to  in  Article  6,  it  appears  that  the  number  of 
fishing  authorisations  or  the  amount  of  fishing  opportunities  allocated  to  the 
Community under an agreement are not fully used, the Commission shall inform the 
Member  States  concerned  and  request  them  to  confirm  not  making  use  of  those 
fishing opportunities. Absence of a reply within the deadline set by the Commission 
shall be considered as confirmation that the vessels of the Member State concerned 
are not making full use of their fishing opportunities. 

After confirmation by the Member State concerned, the Commission shall assess the 
total of unused fishing opportunities and shall make that assessment available to the 
Member States. 

Member States wishing to make use of the unused fishing opportunities referred to in 
paragraph 2, shall submit to the Commission in accordance with Article 5, within the 
deadline set by the Commission, a list of all vessels for which they intend to request 
a  fishing  authorisation,  as  well  as  the  request  for  transmission  of  applications  for 
each of those vessels in accordance with Article 6. 

The  Commission  shall  decide  on  the  reallocation  in  accordance  with  the  procedure 
laid down in 33(2), endeavouring to find a common agreement between the Member 
States  concerned  or,  in  absence  of  such  agreement,  taking  into  account  the  criteria 
laid down in Annex II, and shall notify the Member States concerned thereof. 

After 10 working days of the notification referred to in paragraph 4, the Commission 
shall  transmit  the  applications  concerned to  the  authorising  authority  in  accordance 
with Article 8. 

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6. 

Transmission  of  applications  in  accordance  with  this  article  shall  not  in  any  way 
affect the future allocation of fishing opportunities amongst Member States. 

SECTION III 

FISHING ACTIVITIES NOT FALLING UNDER THE SCOPE OF AN AGREEMENT 

Article 14 

General provisions 

1. 

2. 

1. 

2. 

3. 

Member  States  shall  obtain  information  on  the  existence  of  any  arrangements 
between  nationals  of  a  Member  State  and  a  third  country,  allowing  fishing  vessels 
flying  their  flag  to  engage  in  fishing  activities  in  waters  under  the  jurisdiction  or 
sovereignty  of  a  third  country  and  shall  inform  the  Commission  thereof  by 
submission of a list of the vessels concerned. 

Where  the  fishing  activities  referred  to  in  paragraph  1  are  targeting  stocks  that  are 
deemed to be outside safe biological limits , as defined in Article 3(l) of Regulation 
(EC)  No  2371/2002,  the  Commission  may  request  the  Member  State  concerned  to 
submit an evaluation of the stocks and may, where necessary for the protection of the 
stocks  and  after  having  obtained  the  advice  from  the  Scientific,  Technical  and 
Economic  Committee  for  Fisheries  (STECF)  as  referred  to  in  Article  33  of 
Regulation  (EC)  No  2371/2002,  impose  restrictions  on  the  fishing  activities 
concerned. 

Article 15 

Authorisation by Member States 

Community  fishing  vessels  shall  only  be  entitled  to  engage  in  fishing  activities 
outside Community waters which are not covered by an agreement if they have been 
issued  with  an  authorisation  from  their  flag  Member  State  in  accordance  with 
national provisions. 

Community fishing vessels that have committed serious infringements during the 12 
months  preceding  the  date  on  which  the  authorisation  is  to  take  effect  or  that  are 
included  in  an  IUU  list  shall  not  be  authorised  to  engage  in  the  fishing  activities 
referred to in paragraph 1. 

Member  States  shall  inform  the  Commission  30  days  before  the  start  of  fishing 
activities  referred  to  in  paragraph  1  of  the  vessels  authorised  to  fish  in  accordance 
with  paragraph  1,  specifying  the  period  and  the  area  for  which  the  authorisation 
applies. 

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SECTION IV 

REPORTING OBLIGATIONS AND CLOSURE OF FISHING ACTIVITIES 

Article 16 

Fishing authorisation information system 

The Commission shall set up a Community fishing authorisation information system, 
containing  the  data  relating  to  the  authorisations  issued  in  accordance  with  this 
Regulation. The Commission may establish a website for this purpose. 

Member States shall ensure that the data required under an agreement with respect to 
fishing  authorisations  are  contained  in  the  Community  fishing  authorisation 
information system. They shall ensure that this data is kept up to date at all times. 

Article 17 

Reporting of catches and fishing effort 

Without prejudice to the provisions laid down in Titles II and IIa of Regulation (EC) 
No 2847/93, Community fishing vessels for which a  fishing authorisation has been 
issued  under  Section  II  or  Section  III  shall  transmit  on  a  daily  basis  to  their 
competent national authority the data concerning their catches and fishing effort. 

Member States shall collect the data referred to in paragraph 1 and shall before the 
15th  of  each  calendar  month  transmit  trough  electronic  transmission  to  the 
Commission,  or  a  body  designated  by  the  Commission  for  that  purpose,  for  each 
stock, group of stocks or fishing category, the quantities caught, and where required 
under  the  agreement  or  any  regulation  implementing  that  agreement  the  effort 
deployed,  in  the  previous  month  by  vessels  flying  their  flag  in  the  waters  falling 
under  the  scope  of  an  agreement  and  during  fishing  activities  outside  Community 
waters not falling under the scope of an agreement. 

Article 18 

Control of catches and fishing effort 

Without prejudice to the provisions laid down in Chapter V of Regulation (EC) No 
2371/2002,  Member  States  shall  ensure  compliance  with  the  obligations  regarding 
the reporting of catches and fishing effort as laid down in the agreement concerned. 

Member States shall notify to the Commission the measures taken to prevent over-
utilisation of fishing opportunities by the vessels flying their flag for which fishing 
authorisations have been issued in accordance with this Regulation. 

1. 

2. 

1. 

2. 

1. 

2. 

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1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

Article 19 

Closing of fisheries 

Without  prejudice  to  Article  26(4)  of  Regulation  (EC)  No  2371/2002  and  Article 
21(3)  of  Regulation  (EC)  No  2847/93,  when  a  Member  State  considers  that  the 
fishing  opportunities  which  have  been  allocated  to  it  have  been  exhausted,  it  shall 
immediately  prohibit  fishing  activities  for  the  respective  area,  stock  or  group  of 
stocks. 

Where  the  fishing  opportunities  allocated  to  a  Member  State  are  expressed  both  in 
terms of catch and effort limits, the Member State shall prohibit fishing activities for 
the respective area, stock or group of stocks as soon as one of these opportunities is 
deemed to be exhausted. 

Where  fishing  authorisations  have  been  issued  for  mixed  fisheries  and  one  of  the 
stocks  or  group  of  stocks  concerned  is  deemed  to  be  exhausted,  the  Member  State 
shall prohibit all fishing activities that are part of the mixed fisheries. 

Member  States  shall  notify  to  the  Commission  without  delay  of  any  prohibition  of 
fishing activities decided in accordance with this Article. 

Where the Commission finds that fishing opportunities allocated to the Community 
or  a  Member  State  are  deemed  to  be  exhausted,  the  Commission  shall  inform  the 
Member States concerned thereof and shall request them to prohibit fishing activities 
in accordance with the provisions laid down in paragraphs 1 to 4. 

Article 20 

Suspension of fishing authorisations 

If  a  Community  fishing  vessel  has  committed  a  serious  infringement,  the  Member 
State  shall  ensure  that  the  vessels  will  no  longer  be  allowed  to  make  use  of  the 
fishing  authorisation  issued  under  the  agreement  concerned  for  the  remaining 
duration of that authorisation and shall inform the Commission thereof without delay 
by electronic transmission. 

After  receipt  of  the  data  in  accordance  with  paragraph  1,  the  Commission  shall 
inform  the  authorising  authority  concerned  and  shall  request  it  to  withdraw  the 
fishing authorisation. 

to 

Inspection and surveillance reports drawn up by Commission inspectors, Community 
inspectors, inspectors of the Member States or inspectors of a third country, which is 
party 
in 
administrative  or  judicial  proceedings  of  any  Member  State.  For  establishing  facts 
they  shall  be  treated  equally  to  inspection  and  surveillance  reports  of  the  Member 
State. 

the  agreement  concerned,  shall  constitute  admissible  evidence 

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SECTION V 

ACCESS TO DATA 

Article 21 

Access to data 

1. 

Without  prejudice  to  the  obligations  under  Directive  2003/4/EC  of  the  European 
Parliament and of the Council of 28 January 2003 on public access to environmental 
information and repealing Council Directive 90/313/EEC15, the data submitted to the 
Commission,  or  a  body  designated  by  the  Commission,  by  Member  States  in 
accordance with this Chapter shall be made available: 

(a)  For  all  concerned  users  of  the  Member  States  and  concerned  authorising 
authorities  on  the  website  linked  to  the  Community  fishing  authorisation 
information system. The data accessible to these persons shall be limited to that 
data they need in the framework of the fishing authorisation process. 

(b)  For all concerned users of the competent inspection authorities on the website 
linked  to  the  Community  fishing  authorisation  information  system.  The  data 
accessible  to  these  persons  shall  be  limited  to  that  data  they  need  in  the 
framework of their inspection activities. 

2. 

The owner or agent of the vessels registered in the Community fishing authorisation 
information  system  may  receive  an  electronic  copy  of  the  data  contained  in  the 
register  by  transmitting  an  official  request  to  the  Commission  via  their  National 
Administration. 

CHAPTER III 

FISHING ACTIVITIES OUTSIDE COMMUNITY WATERS BY 
VESSELS FLYING THE FLAG OF A MEMBER STATE 
OTHER THAN COMMUNITY FISHING VESSELS 

Article 22 

Fishing activities in the framework of an agreement 

In so far as required by or pursuant to the agreement, Sections II and IV of Chapter II shall 
also apply to vessels flying the flag of a Member State other than Community fishing vessels, 
which  engage  in  fishing  activities  outside  Community  waters  in  the  framework  of  an 
agreement. 

15 

OJ L 41, 14.2.2003, p. 26. 

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CHAPTER IV 

FISH FARMING OUTSIDE COMMUNITY WATERS 

Article 23 

Fish farming in the framework of an agreement 

In so far as required by or pursuant to the agreement, Sections II and IV of Chapter II shall 
also apply to Community installations, vessels and facilities assigned to fish farming activities 
outside Community waters in the framework of an agreement. 

CHAPTER V 

FISHING ACTIVITIES OF THIRD COUNTRY VESSELS IN 
COMMUNITY WATERS 

Article 24 

General provisions 

1. 

Third country vessels are entitled to: 

(a) 

(b) 

engage in fishing activities in Community waters provided that they have been 
issued with a fishing authorisation in accordance with this Chapter; 

tranship  or  process  provided  that  they  have  been  issued  with  a  prior 
authorisation  from  the  Member  State  in  whose  waters  the  operation  will  take 
place. 

2. 

Third country  vessels  authorised to engage in fishing  activities under the following 
agreements on 31 December of any given calendar year may continue to fish under 
those agreements as from 1 January of the following year until the Commission has 
decided on the issuing of a fishing authorisation for that vessels for the latter year in 
accordance with Article 26: 

–  [To include list of agreements] 

3. 

The  Commission  may  amend  the  list  of  agreements  laid  down  in  paragraph  2  in 
accordance with the procedure referred to in Article 33(2). 

Article 25 

Transmission of applications 

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1. 

2. 

1. 

2. 

The  third  country  concerned  shall,  at  the  date  of  entry  into  force  of  the  agreement 
granting  fishing  opportunities  in  Community  waters  to  that  country,  submit  to  the 
Commission  by  electronic  transmission  a  list  of  vessels  flying  its  flag  and/or 
registered in it which intend to make use of those opportunities. 

Within  the  deadline  established  in  the  agreement  or  by  the  Commission,  the 
competent  authorities  of  the  third  country  shall  submit  to  the  Commission,  by 
electronic  transmission,  the  applications  for  fishing  authorisations  for  the  fishing 
vessels  flying  its  flag  and/or  registered  in  it  contained  in  that  list,  containing  the 
international  radio  call  sign  of  the  vessel  and  any  other  data  required  under  the 
agreement or decided in accordance with the procedure referred to in Article 33(2). 

Article 26 

Issuing of fishing authorisations 

The  Commission  shall  examine  the  applications  taking  into  account  the  fishing 
opportunities  granted  to  the  third  country  and  shall  issue  fishing  authorisations  in 
accordance with the measures adopted by the Council and the provisions contained 
in the agreement concerned. 

The Commission shall inform the competent authorities of the third country and the 
Member States of the fishing authorisations issued. 

Article 27 

Eligibility 

The Commission shall only issue a fishing authorisation for third country vessels: 

(a) 

(b) 

that  are  eligible  for  a  fishing  authorisation  under  the  agreement  and,  where 
appropriate,  are  included  in  the  list  of  vessels  notified  to  fish  under  that 
agreement; 

that  during  the  previous  period  of  12  months  of  fishing  activities  under  the 
agreement concerned or, in case of a new agreement, of fishing activities of the 
agreement  that  preceded  that  agreement,  have  not  committed  a  serious 
infringement; 

(c) 

that are not included in an IUU list; 

(d) 

for which the data required under the agreement is available; 

(e) 

for  which  the  applications  are  in  accordance  with  the  provisions  of  the 
agreement concerned and the provisions of this Chapter. 

Article 28 

General Obligations 

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Third  country  vessels  for  which  a  fishing  authorisation  has  been  issued  in  accordance  with 
this  Chapter  shall  comply  with  provisions  of  the  Common  Fisheries  Policy  concerning  the 
conservation  and  control  measures  and  other  provisions  governing  fishing  by  Community 
fishing  vessels  in  the  zone  in  which  they  operate,  and  the  provisions  laid  down  in  the 
agreement. 

Article 29 

Control on catches and fishing effort 

1. 

Third  country  vessels  engaging  in  fishing  activities  in  Community  waters  shall 
transmit  on  a  daily  basis  to  their  national  authorities  and  to  the  Commission,  or  a 
body designated by the Commission, the data 

(a) 

required under the agreement, 

(b) 

established by the Commission in accordance with the procedure laid down in 
the agreement, or 

(c) 

established in accordance with the procedure referred to in Article 33(2). 

As  far  as  required  under  the  agreement  concerned,  third  countries  shall  collect  the 
catch  data  transmitted  by  their  vessels  in  accordance  with  paragraph  1  and  shall, 
before  the  15th  of  each  calendar  month,  transmit  by  electronic  transmission  to  the 
Commission, or a body designated by the Commission, the quantities for each stock, 
group  of  stocks  or  fishing  category,  caught  in  the  previous  month  by  all  vessels 
flying its flag in the Community waters. 

Article 30 

Closure of fisheries 

Where the fishing opportunities granted to the third country concerned are deemed to 
be exhausted, the Commission shall immediately inform the third country concerned 
and the competent inspection authorities of the Member States thereof. 

From that date the fishing authorisations issued for the vessels flying the flag of that 
country shall be considered to be suspended for the fishing activities concerned and 
the vessels shall no longer be authorised to engage in the fishing activities concerned. 

Where  fishing  authorisations  have  been  issued  for  mixed  fisheries  and  one  of  the 
stocks concerned is deemed to be exhausted, paragraph 2 shall apply for all fishing 
activities that are part of the mixed fisheries. 

Where a suspension of fishing activities applicable in accordance with paragraph 2 or 
3 concerns all the activities for which the fishing authorisations have been granted, 
these fishing authorisations shall be considered to be withdrawn. 

The  third  country  shall  ensure  that  the  fishing  vessels  concerned  shall  be  informed 
immediately of the application of this Article and that they stop all fishing activities 
concerned. 

2. 

1. 

2. 

3. 

4. 

5. 

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23 

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Article 31 

Suspension and withdrawal in case of infringements 

1. 

2. 

3. 

4. 

The  Member  States  shall  immediately  notify  the  Commission  of  any  recorded 
infringement  concerning  a  third  country  fishing  vessel  with  regard  to  the  fishing 
activities in Community waters under the agreement. 

Following these notifications the Commission may suspend or withdraw the fishing 
authorisations  issued  in  accordance  with  this  Chapter.  The  Commission's  decision 
shall be notified to the third country. 

The third country shall ensure that the vessel concerned is informed without delay of 
the application of this Article and that it stops all fishing activities concerned. 

The Commission shall notify the inspection authorities of the Member States of the 
measures taken pursuant to paragraph 2. 

CHAPTER VI 

IMPLEMENTING MEASURES 

Article 32 

Detailed rules 

Detailed rules for the application  of this Regulation may be adopted in accordance with the 
procedure referred to in Article 33(2). Those rules may also provide for exemptions from the 
obligations laid down in this Regulation, where those exemptions may be justified with regard 
to  the  obligations  laid  down  in  the  agreements  or  where  the  obligations  laid  down  in  this 
Regulation would create a disproportionate burden compared to the economic importance of 
the activity. 

Article 33 

Committee procedure 

1. 

2. 

The  Commission  shall  be  assisted  by  the  Committee  for  Fisheries  and  Aquaculture 
referred to in Article 30 of Regulation (EC) No 2371/2002. 

Where  reference  is  made  to  this  paragraph,  Articles  4  and  7  of  Decision 
1999/468/EC shall apply. 

The  period  laid  down  in  Article  4(3)  of  Decision  1999/468/EC  shall  be  set  at  20 
working days. 

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CHAPTER VII 

COMMON AND FINAL PROVISIONS 

Article 34 

International obligations 

This regulation is without prejudice to provisions established in the agreements concerned and 
Community provisions implementing those provisions. 

Article 35 

Amendments and repeal 

1. 

2. 

3. 

4. 

In Regulation (EC) No 1627/94, Articles 3(2), 4(2), 9, 10 are deleted. 

In Regulation (EC) No 2847/93, Articles 18, 28b, 28c and 28d are deleted. 

Regulation (EC) No 3317/94 is repealed. 

References to the repealed or deleted provisions shall be construed as references to 
the provisions of this Regulation and shall be read in accordance with the correlation 
table in Annex III to this Regulation. 

Article 36 

Entry into force 

This Regulation shall enter into force on the 20th day following that of its publication in the 
Official Journal of the European Union. 

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

Done at Brussels,  

For the Council 
The President 

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ANNEX I 

List of obligations referred to in Article 10 

–  Communication of complete catch and fishing effort data within the appropriate deadlines 

by the national authority of the Member State competent for reporting of such data; 

–  Closing of fisheries in accordance with Article 19 and proper enforcement of this closure; 

–  Prohibition of fishing activities in accordance with Article 20; 

–  Obligations  regarding  satellite-based  Vessel  Monitoring  Systems  as  laid  down  in 
Commission  Regulation  (EC)  No  2244/2003  of  18  December  2003  laying  down  detailed 
provisions  regarding  satellite-based  Vessel  Monitoring  Systems16  or  in  the  agreement 
concerned. 

–  Obligations  regarding  electronic  recording  and  reporting  of  fishing  activities  and  remote 
sensing as laid down in Council Regulation (EC) No 1966/2006 of 21 December 2006 on 
electronic  recording  and  reporting  of  fishing  activities  and  on  means  of  remote  sensing17 
and its implementing provisions. 

16 
17 

OJ L 333, 20.12.2003, p. 17. 
OJ L 409, 30.12.2006, p.1. 

EN 

26 

   EN 

                                                 
ANNEX II 

Criteria for reallocation referred to in Article 13 

For  the  reallocation  of  fishing  possibilities  the  Commission  shall  take,  in  particular,  into 
account: 

–  the date of each of the requests received; 

–  the fishing opportunities available for reallocation; 

–  the number of requests received; 

–  the number of requesting Member States; 

–  in  case  the  fishing  possibilities  are  fully  or  partly  based  on  amounts  of  fishing  effort  or 
catches:  the  fishing  effort  expected  to  be  deployed  or  catches  to  be  made  by  each  of  the 
vessels concerned. 

EN 

27 

   EN 

Regulation (EC) No 1627/94  Corresponding provision in this Regulation 

ANNEX III 

Article 3(2) 

Article 4(2) 

Article 9 

Article 10 

Chapter V 

Chapter V 

Articles 25 – 27 

Article 31 

Regulation (EC) No 2847/93  Corresponding provision in this Regulation 

Article 18 

Article 28b 

Article 28c 

Article 28 d 

Article 17 

Article 24 

Article 28 

Article 30 

EN 

28 

   EN