CELEX: 51993PC0461
Language: en
Date: 1993-09-23
Title: Amended proposal for a COUNCIL REGULATION (EEC) SETTING UP LICENSING ARRANGEMENTS FOR FISHING WITHIN THE REGULATORY AREA DEFINED BY THE NAFO CONVENTION BY VESSELS FLYING THE FLAG OF A MEMBER STATE OR REGISTERED AT A COMMUNITY PORT

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 C0M(93) 461 final
                                                 Brussels, 23 September 1993
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                             Amended proposal for a
                            COUNCIL REGULATION (EEC)
         SETTING UP LICENSING ARRANGEMENTS FOR FISHING WITHIN THE REGULATORY
          AREA DEFINED BY THE NAFO CONVENTION BY VESSELS FLYING THE FLAG OF
                   A MEMBER STATE OR REGISTERED AT A COMMUNITY PORT
            (presented by the Commission pursuant to Article 149(3)
                              of the EEC-Treaty)
 ---pagebreak---                                   A
                            EXPLANATORY MEMORANDUM
In order to ensure a policy of conservation and rational management of fishery
resources in the NAFO zone, in line with the recommendations of the Scientific
Council, the Commission produced a proposal for a Council Regulation (EEC)
setting up licensing arrangements for fishing within the regulatory area
defined by the NAFO Convention by vessels flying the flag of a Member State or
registered at a Community port(^). This proposal was transmitted to the
Council on 16 September 1992.
The aim is to introduce a licensing system to regulate fishing by Community
vessels which would complement the existing system of TACs and quotas.
On 23 June 1993 Parliament adopted a resolution containing its opinion on this
proposal and including 15 amendments. The resolution confirms the need for a
licensing system in order to achieve a balance between the capacity of the
fishing fleets and the resources available in the NAFO zone.
The Commission has agreed to incorporate the following amendments into its
original proposal, recognizing that they reflect a common concern to improve
the management of fishing effort by Community vessels:
   access will be authorized on the basis of maximum fishing effort and plans
   which break this down into a maximum number of authorized vessels and/or
   fishing days (Article 4(2));
   the period allowed for forwarding proposed lists of vessels for which a
   licence is required will be two months, and the final lists will be adopted
   at least 30 working days before these lists come into effect (Article 7(1)
   and Article 8(1));
   the period for which a licence is requested may cover two consecutive years
   (Article 8(3a));
   in the event of force majeure, lack of notification of a vessel's movements
   will not lead to the withdrawal of its licence (Article 17).
However, the Commission has not accepted the other amendments, because:
   they relate to matters which have already been tackled in other Council
   Regulations (EEC) or they would be incompatible with other provisions,
   particularly those of Council Regulation (EEC) No .... establishing a
   control system applicable to the common fisheries policy(^);
   they deal with problems which need first to be clarified at international
   level (use of the flag of convenience);
   (1)     COM(92)394 final, 14 September 1992.
   (2)     not yet published.
 ---pagebreak---                                       - 2 -
or
   they deal with structural issues which are beyond the scope of this
   proposal.
The adoption by the Council of this proposal incorporating Parliament's
amendments will demonstrate the unanimous agreement of the political
institutions on the need to ensure responsible fishing practices in the NAFO
zone.
 ---pagebreak---                                           ^
               AMENDED PROPOSAL FOR A COUNCIL REGULATION (EEC)
     SETTING UP LICENSING ARRANGEMENTS FOR FISHING WITHIN THE REGULATORY
      AREA DEFINED BY THE NAFO CONVENTION BY VESSELS FLYING THE FLAG OF
               A MEMBER STATE OR REGISTERED AT A COMMUNITY PORT
The proposal is amended as follows
                                 Article 4(2)
    The maximum fishing effort authorized shall be determined by fishing type
    and sub-area for each Member State in accordance with the provisions
    adopted by the Council under Articles 2 and 4_ of the above-mentioned
    Regulation. Each Member state shall submit to the Commission a plan
    breaking down this fishing effort into the maximum number of vessels
    and/or the maximum number of fishing days authorized. These plans shall
    be approved in accordance with the procedure laid down under Article 18
    ot the above-mentioned Regulation.
                                 Article 7(1)
    Member states shall forward to the Commission every year, not later than
    two months before the beginning of the fishing authorization period,
    proposed lists of vessels for which a licence is required to fish under
    the terms of this Regulation.
                                  Article 8(1)
    The Commission shall examine the proposed lists and adopt final lists of
    vessels to which the terms of this Regulation apply, and shall transmit
    these lists to the authorities of the Member States concerned at the
    latest 30 working days before the beginning of the lists' validity.
    Vessels shown on the lists adopted by the commission shall be deemed to
    hold a licence authorizing them to fish under the terms set out in this
    Regulation.
                              Article 8(3a) inew)
The period  for which the licence is requested may cover two consecutive
years.
                                   Article 17
If over an eight-day period the Commission receives no notification as
referred to in Article 11 in regard to a vessel holding a licence, the
licence shall be withdrawn, except in the event of force majeure.
 ---pagebreak---                                                 -h
                                                                      ISSN 0254-1475
                                                               COM(93) 461 final
                                                      DOCUMENTS
EN                                                                               03
                                 Catalogue number : CB-CO-93-503-EN-C
                                                             ISBN 92-77-59571-X
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