CELEX: 31986R4027
Language: en
Date: 1986-12-18 00:00:00
Title: Council Regulation (EEC) No 4027/86 of 18 December 1986 amending Regulation (EEC) No 2057/82 establishing certain control measures for fishing activities by vessels of the Member States

No L 376 /4                                  Official journal of the European Communities                                        31 . 12 . 86
                                              COUNCIL REGULATION (EEC ) No 4027 / 86
                                                             of 18 December 1986
                      amending Regulation (EEC) No 2057 / 82 establishing certain control measures for fishing
                                                  activities by vessels of the Member States
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                   sustained by a Member State which has not exhausted its
                                                                             quota, allocation or share of the stock or group of stocks
                                                                             concerned; whereas a compensation mechanism should be
                                                                             provided for that purpose, reconciling the requirements of
 Having regard to the Treaty establishing the European                       conservation with the preservation of fishing possibilities
 Economic Community ,
                                                                            per species and per zone as given by the annual setting of
                                                                             TACs and quotas ; whereas to this end preference should be
                                                                             given when making these deductions and awards, either
 Having regard to Council Regulation (EEC ) No 170 / 83 of                   during the same year or during the following years , to the
 25 January 1983 establishing a Community system for the                     species and zones for which the annual quotas , allocations
 conservation and management of fishery resources 0 ), and                   or shares have been set ;
 in particular Article 1 1 thereof,
 Having regard to the proposal from the Commission ,                        Whereas , when the Commission or its authorized officials
                                                                            encounter, in carrying out their duties, repeated and
                                                                            unjustified difficulties, the Commission may request of the
 Having regard to the opinion of the European                               Member State concerned , in addition to an explanation,
 Parliament ( 2 ),                                                          the means of fulfilling its task; whereas the Member State
                                                                            concerned is required to ensure fulfilment of its obligations
                                                                            arising from Regulation (EEC ) No 2057 / 82 , as amended
 Whereas control measures to ensure compliance with                         by this Regulation, by facilitating the achievement of the
 Community provisions regarding conservation have                           Commission's task,
 already been established by Regulation (EEC ) No
 2057 / 82 ( 3 ), as last amended by Regulation (EEC)
 No 3723 / 85 ( 4 );
 Whereas it is necessary for the Member States'
                                                                            HAS ADOPTED THIS REGULATION :
 inspectorates' activities to cover all fishing vessels ,
 including those of third countries, and all activities whose
 monitoring         would      enable      verification     of the
 implementation of Regulation ( EEC) No 2057 / 82 ;
                                                                                                         Article 1
 Whereas it is appropriate to clarify the extent of the duty of
 the Member States to record landings of stocks or groups                   Regulation (EEC ) No 2057 / 82 is hereby amended as
 of stocks subject to total allowable catches ( TACs) or                    follows :
 quotas, whether within Community waters or not, and
 to enable records of such landings to be verified ;
                                                                            1 . The title is replaced by the following:
Whereas , moreover, the Community is empowered                                  'Council Regulation ( EEC ) No 2057 / 82 of 29 June
internally under the Treaty to take any measures for the                         1982 establishing certain control measures for fishing
                                                                                 activities .'
conservation of the biological resources of the sea ; whereas
in this context provision should be made for the possibility
of putting a stop to fishing once the TAC , quota , allocation
or share available to the Community is exhausted ;                          2 . Article 1 ( 1 ) and (2 ) is replaced by the following:
whereas , however, reparation should be made for the loss
                                                                                 ' 1 . In order to ensure compliance with all the
                                                                                 Regulations in force concerning conservation and
(») OJ No L 24 , 27 . 1 . 1983 , p. 1 .                                          control measures , each Member State shall , within its
(2 ) Opinion delivered on 12 December 1986 (not yet published in                 territory and within maritime watery subject to its
      the Official Journal ).                                                    sovereignty or jurisdiction , monitor fishing activity and
( 3 ) OJ No L 220 , 29 . 7 . 1982 , p. 1 .                                      related activities . It shall inspect fishing vessels and all
(4 ) OJ No L 361 , 31 . 12. 1985 , p . 42.                                       activities whose inspection would enable verification of
 ---pagebreak--- 31 . 12 . 86                               Official Journal of the European Communities                                  No L 376 / 5
     the implementation of this Regulation, including the                 detailed rules for the application of these Articles, in
     activities of landing, selling and storing fish and                  such a way as to be able to trace back such documents,
     recording landings and sales.                                        which form the basis of the notification to the
                                                                          Commission referred to in paragraph 2 , over a period
     2. If the competent authorities of a Member State                    of three years from the beginning of the year following
     observe, as a result of monitoring or inspection carried             the year in which the related landings were made.'
     out by them under paragraph 1 , that the relevant rules
     concerning conservation and control measures are not
     being complied with, they shall take penal or
     administrative action against the master of such a vessel        7. The first subparagraph of Article 10 (3 ) is replaced by
     or any other person responsible.'                                    the following:
                                                                          '3 . Following notification under paragraph 2 or on its
                                                                          own initiative , the Commission shall fix, on the basis of
3 . The first subparagraph of Article 2 ( 1 ) is replaced by              the information available, the date on which , for a
     the following:                                                       stock or group of stocks , the catches subject to TAC ,
     ' 1 . The inspection and monitoring referred to in                   quota or other quantitative limitation made by fishing
     Article 1 shall be carried out by each Member State on               vessels flying the flag of, or registered in , any Member
     its own account by an inspectorate appointed by it .'                State are deemed to have exhausted the quota ,
                                                                          allocation or share available to that Member State or,
                                                                          as the case may be , to the Community.
4 . Article 7 ( 1 ) is replaced by the following:                         When an assessment of the situation referred to in the
     '1 . Without prejudice to Article 6 , the master of a                preceding subparagraph is made , the Commission shall
     fishing vessel flying the flag of, or registered in, a                advise the Member States concerned of the prospects of
     Member State who :                                                    fishing being halted as a result of a TAC's being
                                                                          exhausted .'
     — tranships to another vessel ('the receiving vessel')
            any quantities of catches of a stock or group of
            stocks subject to a TAC or quota irrespective of the
            place of landing, or
     — directly lands such quantities outside Community               8 . The following paragraph is added to Article 10 :
            territory ,
                                                                           '4 . When the Commission has , by virtue of the first
      shall , at the time of the transhipment or of the landing,           subparagraph of paragraph 3 , halted fishing because of
      inform the Member State whose flag his vessel is flying              the exhaustion of the TAC , quota , allocation or share
      or in which his vessel is registered of the species and              available to the Community and it appears to the
      quantities involved and of the date of transfer or of                Commission that a Member State has not exhausted its
      landing and of the location of catches by reference to               quota , allocation or share on the stock or group of
      the smallest zone for which a TAC or quota has been                  stocks concerned, the following provisions shall
      fixed and administered . If the catches were made in
                                                                           apply.
      waters under the sovereignty or jurisdiction of third
      countries , this information must be indicated separately
      by reference to the waters of each of the third countries            If the prejudice suffered by the Member State for which
      concerned .'                                                         fishing has been prohibited before its quota was fished
                                                                           has not been removed by action in accordance with the
                                                                           procedure laid down in Article 5 ( 1 ) of Regulation
                                                                           (EEC) No 170 / 83 X 1 ), the matter shall be referred to
                                                                           the Management Committee for Fishery Resources in
5. The first subparagraph of Article 9 ( 1 ) is replaced by
                                                                           accordance with Article 15 of that Regulation.
      the following:
      ' 1 . Member States shall ensure that all landings by
      fishing vessels flying the flag of, or registered in , a             In accordance with the procedure referred to in
      Member State of stocks or groups of stocks subject to                Article 14 of that Regulation, measures shall be
      TACs or quotas are recorded . For this purpose,                      adopted with the aim of remedying in an appropriate
      Member States may require that the first placing on the              manner the prejudice caused . These measures may
      market be made by sale by public auction .'                          involve making deductions from a quota, an allocation
                                                                           or a part of the Member State which has overfished, the
                                                                           quantities so deducted to be allocated appropriately to
                                                                           the Member States whose fishing activities were halted
 6 . The following paragraph is added to Article 9 :                       before their quotas were fished . These deductions and
                                                                           the consequent allocations are made taking into
       '4 . Each Member State shall keep , or cause to be kept,            account as a matter of priority species and zones for
       records submitted to its competent authorities in                   which annual quotas, allocations or parts have been
       accordance with Articles 3 and 6 and the particular                 fixed . These deductions or allocations may be made
 ---pagebreak--- No L 376 / 6                                 Official Journal of the European Gommunities                                   31 . 12 . 86
    during the year in which the prejudice occurred or in                          its authorized officials meet difficulties in the
    the succeeding year or years .                                                 execution of their duties , the Member States
                                                                                   concerned shall provide the Commission with
    The detailed rules for implementing this paragraph ,                           the means to accomplish its task and shall
    and in particular for determining the quantities                               enable the Commission's authorized officials to
    concerned, shall be laid down in accordance with the
    procedure referred to in Article 14 of Regulation (EEC)                        oversee requested actions of inspection or
    No 170 / 83 .                                                                  monitoring. However, where inspection at sea
                                                                                   or from the air is concerned, in duly
                                                                                   substantiated cases where the relevant national
    O ) OJ No L 24 , 27 1 . 1983 , p. 1 .'                                         departments must carry out other priority tasks
                                                                                   relating to, in particular, defence, security or
                                                                                   customs inspection , the authorities of the
9 . Article 12 (4) (a) is replaced by the following:                               Member State shall retain the right to defer or
                                                                                   redirect inspection operations at which the
    '4 . ( a ) To that end , officials authorized by the                           Commission intends to be present; in such
               Commission shall be entitled to be present, as                      circumstances the Member State shall cooperate
               deemed necessary by the Commission , at                             with the Commission in making alternative
               inspections and monitoring carried out by                           arrangements .'
               national departments . The Commission shall
               establish appropriate contacts with Member
               States with a view, wherever possible, to                                         Article 2
               establishing a mutually acceptable programme
               of inspection and monitoring. Member States              This Regulation shall enter into force on the first day of the
               shall cooperate with the Commission in its               month following the month of its publication in the Official
               fulfilment of this task . When the Commission or        Journal of the European Communities.
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States .
                     Done at Brussels , 18 December 1986 .
                                                                                            For the Council
                                                                                             The President
                                                                                              M. JOPLING