Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94
Date: 2008-09-29
Institutions: Council of the European Union
Subjects: EU waters, common fisheries policy, exchange of information, fishery management, fishing agreement, fishing permit, third country

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COUNCIL REGULATION (EC) No 1006/2008

of 29 September 2008

concerning authorisations for fishing activities of Community fishing vessels outside Community
waters and the access of third country vessels to Community waters, amending Regulations (EEC)
No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

(3) Community fishing vessels should be allowed to engage in
fishing activities outside Community waters only 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 fishing activities take place, the
authority competent for authorising fishing activities in
international waters covered by provisions adopted in the
framework of an RFMO or similar arrangement, or, where it
concerns fishing activities on the high seas not regulated by
any agreement, the competent authorities of the Member
States without prejudice to specific Community legislation
concerning fishing activities on the high-seas.

Having regard to the opinion of the European Parliament,

Whereas:

(4)

the jurisdiction of

(1) Council Regulation (EC) No 3317/94 of 22 December
1994 laying down general provisions concerning the
authorisation of fishing in the waters of a third country
under a fisheries agreement1 establishes the procedure for
the authorisation of fishing activities of Community fishing
third
vessels in the waters under
countries, pursuant
to fisheries agreements concluded
between the Community and third countries. The proce-
dure 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) or
similar arrangements. Moreover, the Regulation no longer
suffices to serve the objectives of the Common Fisheries
in particular with regard to sustainable
Policy (CFP),
fisheries and control.

(2)

Following the 2006-2008 Action plan for simplifying and
improving the Common Fisheries Policy, presented in the
Communication from the Commission to the Council and
Parliament of 8 December 2005, 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 the
authorisation of all fishing activities of Community fishing
vessels outside Community waters. Moreover, the rules for
access of fishing vessels flying the flag of a third country to
Community waters, as currently laid down in other
different legal instruments, should be redefined and, as far
as appropriate, aligned with the rules applicable to
Community fishing vessels.

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

the requests for

that

(5) Community fishing vessels should be considered eligible for
authorisation for any fishing activity outside Community
waters only in so far as a number of criteria related to the
international obligations entered into by the Community as
well as to the rules and objectives of the CFP are satisfied.

(6) Where the Council procedure for adopting a decision on
the provisional application of a new protocol to a bilateral
fisheries agreement with a third country allocating the
fishing opportunities between the Member States cannot be
finalised before the date of this provisional application the
Commission should be allowed, on a temporary basis, in
order to avoid any interruption of fishing activities by
Community vessels,
to the third country
to transmit
applications for fishing authorisations in the six months
following the expiry of the previous protocol.

(7)

In order to ensure that the fishing opportunities available to
the Community under the Fisheries Partnership Agree-
ments are used in full, it is necessary that the Commission

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be empowered to temporarily reallocate fishing opportu-
nities not used by one Member State to another Member
State, without affecting the allocation or the exchange of
fishing opportunities amongst the Member States under the
protocol in question.

(8)

(9)

Fisheries Partnership Agreements are those agreements as
referred to in the Council conclusions of 15 July 2004 and
their conclusion or provisional
which, at
application, were described as such by the Council.

the time of

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

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

(11) All data relating to the fishing activities of Community
to
fishing vessels outside Community waters pursuant
fisheries agreements, should be up-to-date and, as far as
appropriate, accessible to the Member States and third
countries concerned. For this purpose, it is necessary to
establish a Community fishing authorisation information
system.

for

the exercise of

(12) The measures necessary 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
implementing powers
conferred on the Commission (1). Those rules may also
provide for exemptions from the obligations laid down in
this Regulation where those obligations would create a
disproportionate burden compared to the
economic
importance of the activity and, for the sake of efficiency,
such exemptions should be adopted by the management
procedure set out in Article 4 of Decision 1999/468/EC.

(13) Regulation (EC) No 3317/94 as well as the provisions
third country fishing vessels to
relating to access of
Community waters set out in Council Regulation (EC)
No 1627/94 of 27 June 1994 laying down general
fishing permits (2) and
provisions concerning special
Council Regulation (EEC) No 2847/93 of 12 October
1993 establishing a control system applicable to the
common fisheries policy (3), should be repealed,

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 171, 6.7.1994, p. 7.
(3) OJ L 261, 20.10.1993, p. 1.

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 to engage
in the following fishing activities:

(i)

(ii)

in the waters under the sovereignty or jurisdiction of a
third country in the framework of a fisheries
agreement concluded between the Community and
that country; or

falling under the scope of conservation and manage-
ment measures adopted in the framework of a
regional fisheries management organisation or similar
arrangement to which the Community is a contracting
party or non-contracting cooperating Party, herein-
after referred to as ‘RFMO’; or

(iii) outside Community waters not falling under the scope

of a fisheries agreement or a RFMO;

(b)

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

and the reporting obligations relating to the authorised activities.

Article 2

Definitions

For the purpose of this Regulation:

(a)

(b)

‘agreement’ means a fisheries agreement concluded or for
which a decision of provisional application has been
adopted in accordance with Article 300 of the Treaty;

‘regional
fisheries management organisation’ or ‘RFMO’
means a subregional or regional organisation or similar
arrangement with competence,
recognised under
international law, to establish conservation and manage-
ment measures for marine living resources placed under its
responsibility by virtue of its establishing convention or
agreement;

as

(c)

‘fishing activities’ means the catching, retaining on board,
processing and transferring of fish;

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(d)

‘Community fishing vessel’ means a Community fishing
vessel as referred to in Article 3(d) of Council Regulation
(EC) No 2371/2002 of 20 December 2002 on the
conservation and sustainable exploitation of
fisheries
resources under the Common Fisheries Policy (1);

(o)

‘third country fishing vessel’ means a vessel:

— which, whatever its dimensions, is used primarily or

secondarily to take fishery products,

(e)

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

— which, even if not used to make catches by its own
means, takes fishery products by transhipment from
other vessels, or

(f)

‘fishing opportunity’ means the fishing opportunity as
defined in Article 3(q) of Regulation (EC) No 2371/2002;

(g)

‘authorising authority’ means the authority responsible for
the authorisation of fishing activities of Community fishing
vessels under an agreement or the authorisation of third
country fishing vessels in Community waters;

— on board of which fishery products are subject to one
to
the following operations prior
filleting or slicing, skinning, mincing,

or more of
packaging:
freezing and/or processing;

and which flies the flag of, and/or is registered in, a third
country.

(h)

‘fishing authorisation’ means the entitlement to engage in
fishing activities during a specified period, in a given area or
for a given fishery;

CHAPTER II

(i)

(j)

(k)

(l)

‘fishing effort’ means the fishing effort as defined in
Article 3(h) of Regulation (EC) No 2371/2002;

‘electronic transmission’ means the transfer of data in
electronic format, with the contents, format and protocol
established by the Commission or agreed upon by the
parties to an agreement;

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

‘serious infringement’ means a serious infringement as
defined in Council Regulation (EC) No 1447/1999 of
24 June 1999 establishing a list of types of behaviour
which seriously infringe the rules of the common fisheries
policy (2), or a serious infringement or serious violation
under the agreement concerned;

(m)

‘IUU list’ means the list of fishing vessels engaged in illegal,
unreported and unregulated fishing and identified in the
framework of a RFMO or by the Commission under
Council Regulation (EC) No …/… of …2008 establishing a
Community system to prevent, deter and eliminate illegal,
unreported and unregulated fishing (3);

(n)

‘Community fishing authorisation information system’
means the information system established by the Commis-
sion in accordance with Article 12;

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 167, 2.7.1999, p. 5.
(3) See page 1 of this Official Journal.

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 authorisa-
tion has been issued in accordance with this Regulation shall be
entitled to engage in fishing activities outside Community waters.

SECTION II

Authorisations for fishing activities within the framework of
agreements

Article 4

Submission of applications

1. At the latest five working days before the deadline for the
laid down in the agreement
transmission of applications
concerned or, in the absence of a deadline in the agreement, at
the latest in accordance with the arrangement set out in the
agreement and without prejudice to specific provisions contained
in Community legislation, Member States shall submit to the
Commission, through electronic transmission, the applications
for fishing authorisations for the fishing vessels concerned.

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2. The applications referred to in paragraph 1 shall contain the
Community fleet register identification number and internation-
al radio call sign of the vessel and any other data required under
the agreement concerned, or prescribed in accordance with the
procedure referred to in Article 27(2).

Article 5

Eligibility criteria

2. The Commission shall examine the 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 Article 37 of the Treaty; and

(b)

the conditions laid down in the agreement concerned and
in this Regulation.

1. Member States shall only submit
to the Commission
applications for a fishing authorisation for fishing vessels flying
their flag:

3. The Commission shall verify that:

(a) which are already carrying out fishing activities and which
during the previous 12 months of fishing activities under
the agreement concerned or, in case of a new agreement,
under
that preceded it, have, where
appropriate, fulfilled the conditions under the agreement
for that period;

the agreement

(a)

(b)

the conditions laid down in Article 5 are complied with;
and

for

fishing authorisations

the applications
for which
transmission is requested by the Member State concerned
are commensurate with the fishing opportunities available
under the agreement concerned, taking into account the
applications of all Member States.

(b) which during the 12 months prior to the application for
the fishing authorisation, have been subject to sanction
proceedings
infringements or have been
considered suspected of such breaches according to the
national law of the Member State and/or where the owner
of the vessel has changed and the new owner provides
guarantees that the conditions will be fulfilled;

serious

for

Article 7

Non-transmission of applications

1. The Commission shall not
authority applications, with regard to which:

transmit

to the authorising

(c) which are not included in an IUU list;

(d)

for which the data contained in the Community fleet
register and the Community fishing authorisation informa-
tion system is complete and accurate;

(e) which have a 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 informa-
tion to be contained therein (1);

(a)

(b)

the data provided by the Member State in accordance with
Article 4(2) is incomplete for the vessel concerned;

the fishing opportunities of the Member State concerned
are insufficient,
taking into consideration the technical
specifications of the agreement concerned and the applica-
tions submitted by the Member State;

(c)

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

(f)

(g)

for which the data required under the agreement concerned
is available and accessible for the authorising authority; and

2.
In case of non-transmission of one or more applications, the
Commission shall without delay inform the Member State
concerned thereof, and shall state its reasons.

for which the applications for a fishing authorisation are in
accordance with the agreement
concerned and this
Regulation.

Each Member State shall ensure that the applications for
2.
fishing authorisations for which it requests transmission are
commensurate with the fishing opportunities available to that
Member State under the agreement concerned.

Article 6

Transmission of applications

1. The Commission shall
the applications to the
authorising authority concerned within five working days after
receipt of the request from the Member State and in accordance
with this Article.

transmit

(1) OJ L 203, 4.8.2005, p. 3.

If the Member State disagrees with the reasons stated by the
Commission, it shall transmit to the Commission any informa-
tion or documents supporting its objection within five working
days. The Commission shall review the application in the light of
this information.

Article 8

Information

inform the flag Member State
1. The Commission shall
without delay, by electronic transmission, of
the fishing
authorisation granted by the authorising authority, or of the
decision by the authorising authority not to issue a fishing
authorisation for a particular fishing vessel.

Where required under, or pursuant
the
accompanying and original paper documents shall be sent by
paper transmission and/or by electronic means.

to, an agreement,

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

If an authorising authority informs the Commission that it
3.
has decided to suspend or withdraw a fishing authorisation
issued for a Community fishing vessel under an agreement, the
Commission shall immediately inform, by electronic transmis-
sion, the flag Member State of that vessel. The flag Member State
shall immediately transmit that information to the owner of that
vessel.

4. The Commission shall carry out checks to establish the
compatibility of the decision to refuse or suspend a fishing
authorisation with the agreement concerned,
in consultation
with the flag Member State and the relevant authorising
authority, and shall inform them both of the outcome.

Article 9

Continuity of fishing activities

1. Where:

— the protocol to a bilateral fisheries agreement with a third
country which sets out the fishing opportunities provided
for in that agreement has expired, and

— a new protocol has been initialled by the Commission but a
decision has not yet been adopted on its conclusion or on
its provisional application;

the Commission may, during a period of six months from the
expiration date of the previous protocol and without prejudice to
the competence of the Council to decide on the conclusion or
provisional application of the new protocol, transmit applica-
tions for fishing authorisations to the third country concerned in
accordance with this Regulation.

2.
In accordance with the rules set out under the fisheries
agreement concerned, Community vessels authorised to engage
in fishing activities under that agreement may, at the expiration
date of the fishing authorisations, continue to fish under the
agreement
for a maximum period of six months after the
expiration date, provided that scientific advice allows for this.

3.
In this context, the Commission shall apply the method of
allocating fishing opportunities in force in the previous protocol
for paragraph 1, and in the existing protocol for paragraph 2.

Article 10

the Commission shall

allocated to the Community under an agreement are not fully
utilised,
inform the Member States
concerned and shall request them to confirm not making use
of those fishing opportunities. The absence of a reply within the
deadlines, to be set by the Council upon the conclusion of the
Fisheries Partnership Agreement, shall be considered as con-
firmation that the vessels of the Member State concerned are not
making full use of their fishing opportunities in the given period.

2. After confirmation by the Member State concerned, the
Commission shall assess the total non-utilised fishing opportu-
nities and shall make that assessment available to the Member
States.

3. Member States wishing to make use of the non-utilised
fishing opportunities referred to in paragraph 2, shall submit to
the Commission a list of all vessels for which they intend to
request a fishing authorisation, as well as the request for the
transmission of applications for each of
in
accordance with Article 4.

those vessels,

4. The Commission shall decide on the reallocation, in close
cooperation with the Member States concerned.

If a Member State concerned objects to this reallocation, the
Commission shall, in accordance with the procedure laid down
in Article 27(2), decide on the reallocation taking into account
the criteria laid down in Annex I, and shall notify the Member
States concerned thereof.

5. The transmission of applications in accordance with this
fishing
Article shall
opportunities or their exchange amongst Member States,
in
accordance with Article 20 of Regulation (EC) No 2371/2002.

in no way affect

the allocation of

6. The Commission shall not be prevented from applying the
mechanism referred to in paragraphs 1 to 4 until the deadlines
mentioned in paragraph 1 are finalised.

SECTION III

Fishing activities not falling within the scope of an agreement

Article 11

General provisions

1. An operator of a Community fishing vessel, intending to
conduct fishing activities on the high seas in waters not falling
within the scope of an agreement or a RFMO, shall inform the
authorities of the flag Member State about such activities.

Underutilisation of fishing opportunities in the context of
Fisheries Partnership Agreements

1.
In the context of a Fisheries Partnership Agreement if, on the
basis of the requests for transmission of applications referred to
in Article 4 of this Regulation, it appears that the number of
fishing authorisations or the amount of fishing opportunities

Without prejudice to Community legislation concerning fishing
activities on the high-seas, Community fishing vessels shall be
entitled to engage in fishing activities on the high seas in waters
not falling within the scope of an agreement or a RFMO if they
have been issued with an authorisation from their flag Member
State in accordance with national provisions.

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Member States shall inform the Commission ten days before the
start of the fishing activities referred to in the first subparagraph
of
the vessels authorised to fish in accordance with that
subparagraph, specifying the species, the fishing gear, the period
and area to which the authorisation applies.

2. Member States shall endeavour to obtain information on
any arrangements, between their nationals and a third country,
which allow 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 the
electronic transmission of a list of the vessels concerned.

shall collect

the data referred to in
2. Member States
paragraph 1 of this Article and, before the 15th of each calendar
month, shall submit by electronic transmission to the Commis-
sion, or to a body designated by the Commission, data for each
stock, group of stocks or fishing category, on the quantities
caught, and, where required under an agreement or regulation
implementing that agreement, on the fishing effort deployed
during the previous month by vessels flying their flag in the
waters falling under the scope of an agreement and in the
previous six months for fishing activities outside Community
waters not falling under the scope of an agreement.

3. This section shall only apply to vessels exceeding 24 metres
in overall length.

3. The Commission shall, in accordance with the procedure
laid down in Article 27(2), decide on the format in which to
transmit the data referred to in paragraph 1 of this Article.

SECTION IV

Article 14

Reporting obligations and closure of fishing activities

Article 12

Community fishing authorisation information system

1. 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 shall establish a secure website for this purpose.

2. Member States shall ensure that the data required with
respect
to fishing authorisations in the framework of an
agreement or an RFMO are contained in the Community fishing
authorisation information system and they shall keep this data
up-to-date at all times.

Article 13

Reporting of catches and fishing effort

1. Community fishing vessels for which a fishing authorisation
has been issued under Section II or III shall, on a weekly basis,
transmit to their competent national authority data concerning
their catches and, where required, their fishing effort. This data
shall be accessible to the Commission upon request.

Notwithstanding the first subparagraph, Community fishing
vessels exceeding 24 metres in overall
length shall, as from
1 January 2010, transmit on a daily basis to their competent
national authority the data concerning their catches and, where
required, their fishing effort in accordance with Commission
Regulation (EC) No 1566/2007 of 21 December 2007 laying
down the detailed rules for the implementation of Council
Regulation (EC) No 1966/2006 on electronic recording and
reporting of fishing activities and on means of remote sensing (1).
As from 1 January 2011, this shall also apply to Community
fishing vessels exceeding 15 metres in overall length.

(1) OJ L 340, 22.12.2007, p. 46.

Control of catches and fishing effort

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

Article 15

Closure of fisheries

1. Without prejudice to Article 26(4) of Regulation (EC)
No 2371/2002 and Article 21(3) of Regulation (EEC) No 2847/
93, when a Member State considers that its available fishing
opportunities are deemed to have been exhausted,
it shall
immediately prohibit fishing activities for the respective area,
gear, stock or group of stocks. This provision shall apply without
prejudice to specific provisions laid down in the agreement
concerned.

2. Where the available fishing opportunities of a Member State
are expressed both in terms of catch and effort limits, the
Member State shall prohibit fishing activities for the respective
area, gear, stock or group of stocks as soon as one of these
opportunities is deemed to be exhausted. In order to allow for
the continued fishing of non-exhausted fishing opportunities
which also targets the exhausted fishing opportunities, Member
States shall notify the Commission of technical measures which
will have no negative impact on the exhausted fishing
opportunities. This provision shall apply without prejudice to
specific provisions laid down in the agreement concerned.

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

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4. Where the Commission finds that fishing opportunities
available to the Community or to a Member State are deemed to
have been exhausted, the Commission shall inform the Member
States concerned thereof and shall request that they prohibit
fishing activities in accordance with paragraphs 1, 2 and 3.

designated by the Commission, by Member States in accordance
with this Chapter shall be made available on the secure website
linked to the Community fishing authorisation information
system for all users concerned which are authorised by:

5. As soon as the fishing activities are prohibited in accordance
with paragraphs 1 or 2, the fishing authorisations specified for
the stock or group of stocks concerned shall be suspended.

Article 16

Suspension of fishing authorisations

1. Where an authorising authority under a fisheries agreement
notifies the Commission of its decision to suspend or withdraw a
fishing authorisation in respect of a fishing vessel flying the flag
of a Member State, the Commission shall forthwith inform the
flag Member State thereof. The Commission shall carry out the
relevant checks, in accordance with the procedures laid down
under the agreement concerned, where appropriate in consult-
ation with the flag Member State and with the authorising
authorities of the third country concerned, and shall inform the
flag Member State and, where appropriate,
the authorising
authorities of the third country of the outcome.

2. Where an authorising authority of a third country suspends
a fishing authorisation which it has granted to a Community
fishing vessel, the flag Member State shall suspend the fishing
permit under the agreement for the entire period of suspension
of the fishing authorisation.

Where the fishing authorisation is definitively withdrawn by the
authorising authorities of a third country, the flag Member State
shall immediately withdraw the fishing permit granted to the
vessel concerned under the agreement concerned.

Inspection and surveillance reports drawn up by Commis-
3.
sion inspectors, Community inspectors, inspectors of Member
States or inspectors of a third country, which is party to the
agreement concerned, shall constitute admissible evidence in
administrative or judicial proceedings of any Member State. For
the purpose of establishing facts, those reports shall be treated
equally to inspection and surveillance reports of the Member
State concerned.

SECTION V

Access to data

Article 17

Access to data

(a)

the Member States;

(b)

the Commission, or a body designated by the Commission,
concerning control and inspection.

The data accessible to these persons shall be limited to the data
they need in the framework of the fishing authorisation process
and/or their inspection activities and shall be subject to the rules
on data confidentiality.

the vessels registered in the
2. The owners or agents of
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 OF THIRD COUNTRY FISHING VESSELS
IN COMMUNITY WATERS

Article 18

General provisions

1. Third country fishing 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;

land, tranship in ports or process fish 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 fishing vessels authorised to engage in fishing
activities under an agreement on 31 December of any given
calendar year may continue to fish under that agreement as from
1 January of the following year until the Commission decides to
issue those vessels with fishing authorisations for that year, in
accordance with Article 20.

Article 19

Transmission of third country applications

1. Without prejudice to the obligations under Directive 2003/
4/EC of
the Council of
28 January 2003 on public access to environmental informa-
tion (1), the data submitted to the Commission, or to a body

the European Parliament and of

(1) OJ L 41, 14.2.2003, p. 26.

1. The third country concerned shall, at the date of entry into
force of an agreement granting it
fishing opportunities in
Community waters, 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 fishing opportunities.

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submit

2. Within the deadline established in the agreement concerned
or by the Commission, the competent authorities of the third
country shall
to the Commission, by electronic
transmission, the applications for fishing authorisations for the
fishing vessels flying its flag, 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 27(2).

Article 20

Issue of fishing authorisations

1. The Commission shall examine applications for fishing
authorisations 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.

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

Article 21

Eligibility criteria

Article 22

General obligations

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

Article 23

Control of catches and fishing effort

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

(a)

required under the agreement concerned;

(b)

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

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

(c)

established in accordance with the procedure referred to in
Article 27(2).

(a) which are eligible for a fishing authorisation under the
agreement concerned and, where appropriate, are included
in the list of vessels notified to carry out fishing activities
under that agreement;

Notwithstanding the first subparagraph, third country fishing
vessels exceeding 24 metres in overall
length shall, as from
1 January 2010, transmit this data electronically on a daily basis.
As from 1 January 2011, this shall also apply to third country
fishing vessels exceeding 15 metres in overall length.

(b) which, during the previous period of 12 months of fishing
activities under the agreement concerned or, in case of a
new agreement, under the agreement that preceded it, have,
where appropriate,
the
agreement for that period;

fulfilled the conditions under

(c) which during the 12 months prior to the request for the
to sanctions
fishing authorisation, have been subject
considered
serious
proceedings
suspected of such breaches according to the national law
of the Member State and/or where the owner of the vessel
has changed and the new owner provides guarantees that
the conditions will be fulfilled;

infringements or

for

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, before the 15th of each
calendar month, shall submit by electronic transmission to the
Commission, or to a body designated by the Commission, the
quantities for each stock, group of stocks or fishing category,
caught in Community waters in the previous month by all vessels
flying their flag.

3. The catch data referred to in paragraph 2 shall be accessible
to a Member State upon request and shall be subject to the rules
governing data confidentiality.

(d) which are not included in an IUU list;

Article 24

Closure of fisheries

(e)

for which the data required under the agreement concerned
is available; and

(f)

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

1. Where fishing opportunities granted to a third country are
deemed to have been exhausted,
the Commission shall
immediately inform the third country concerned and the
competent inspection authorities of the Member States thereof.
In order to allow for the continued fishing activities of non-

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exhausted fishing opportunities, which also targets the exhausted
opportunities, the third country shall submit to the Commission
technical measures which will have no negative impact on the
exhausted fishing opportunities. This provision shall apply
without prejudice to specific provisions laid down in the
agreement concerned.

CHAPTER IV

IMPLEMENTING MEASURES

Article 26

Detailed rules

2.
From the date of the Commission's notification,, the fishing
authorisations issued to 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 those fishing activities.

Detailed rules for the application of this Regulation may be
adopted in accordance with the procedure referred to in
Article 27(2). Those rules may also provide for exemptions
from the obligations laid down in this Regulation, where those
obligations would create a disproportionate burden compared to
the economic importance of the activity.

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

Article 27

Committee procedure

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

5. As soon as the fishing activities are prohibited in accordance
with paragraphs 1 or 2, the fishing authorisations specified for
the stock or group of stocks concerned shall be suspended.

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

2. 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.

Article 25

Failure to comply with relevant rules

1. Without prejudice to legal proceedings under national
legislation, Member States shall immediately notify the Commis-
sion of any recorded infringement concerning a third country
fishing vessel with regard to the fishing activities in Community
waters under the agreement concerned.

CHAPTER V

COMMON AND FINAL PROVISIONS

Article 28

International obligations

This Regulation is without prejudice to provisions established in
the agreements concerned and Community provisions imple-
menting those provisions.

2.
For a period not exceeding 12 months, no licence or special
fishing permit shall be issued to any third country fishing vessel
in respect of which the obligations laid down under
the
agreement concerned have not been fulfilled.

Article 29

Repeal

The Commission shall submit to the authorities of the third
country concerned the names and characteristics of the third
country fishing vessels which will not be authorised to fish in the
Community fishing zone during the following month or months
as a consequence of an infringement of the relevant rules under
the agreement concerned.

3. The Commission shall notify the inspection authorities of
to
the Member States of
paragraph 2.

taken pursuant

the measures

1. Articles 18, 28b, 28c and 28d of Regulation (EEC) No 2847/
93 shall be deleted.

2. Articles 3(2), 4(2), 9, 10 of Regulation (EC) No 1627/94
shall be deleted.

3. Regulation (EC) No 3317/94 shall be repealed.

4. References to the 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 II.

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Article 30

Entry into force

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

2. Article 18 of Regulation (EEC) 2847/93 shall continue to apply until the regulation establishing the
detailed rules in Article 13 of this Regulation has entered into force.

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

Done at Brussels, 29 September 2008.

For the Council

The President

M. BARNIER

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ANNEX I

Criteria for reallocation referred to in Article 10

For the reallocation of fishing opportunities, the Commission shall take, in particular, the following 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,

— if fishing opportunities are fully or partly based on amounts of fishing effort or catches, the fishing effort expected to

be deployed or the catches expected to be made by each of the vessels concerned.

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ANNEX II

Regulation (EC) No 1627/94

Corresponding provision in this Regulation

Article 3(2)

Article 4(2)

Article 9

Article 10

Chapter III

Chapter III

Articles 19to 21

Article 25

Regulation (EEC) No 2847/93

Corresponding provision in this Regulation

Article 18

Article 28b

Article 28c

Article 28d

Article 13

Article 18

Article 22

Article 24