CELEX: 51977PC0200
Language: en
Date: 1977-05-17
Title: Proposal for a COUNCIL REGULATION (EEC) laying down a licencing system to control the fishing operations of non-member countries in the maritime waters coming under the sovereignty or falling under the jurisdiction of Member States and covered by the Community system for the conservation and management of fishery resources (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 200
Vol. 1977/0078
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM(77)200 final
                                        Brussels , 17 Kay 1977
                                       /;■
                                      &
                            ; Proposal for a
                                           \
                         COUNCIL REGULATION ,( EEC )
   laying down a licencing system to control the fishing operations
   of non-member countries in the maritime waters coming under the
                          I      A
   sovereignty or falling under the jurisdiction of Member States
   and covered by the Community system for the conservation and
      /                                                   <■
   management of fishery resources
              ( submitted to the Council by the Commission )
                                                .       ,           /
                               i                    A        •
                    ,/ .
 COM(77 ) 200 final
                                                  \
                                                      <
 ---pagebreak---                        Explanatory memorandum
                   The purpose of this present draft regulation is the
establishment of a licence system administered "by the Commission
guaranteeing that fishing rights granted to vessels belonging to third
countries operating in waters subject to the jurisdiction or sovereignty
of Member States are respected , as well as the conditions to which these
rights are subject .
Consequently , fishing activities relating to catches , processing , canning
and transport of fish in the above-mentioned waters may only be carried
out under a licence issued by the Community .   These licences will only
be issued when a catch quota has been allocated for them .   Interested
third countries must establish the list , number , and specifications –
as provided in annex 1 – of those vessels which intend to utilize each
quota allocated by the Community .  Should this number indicate the
availability of a production potential in excess of the catch possibilities
corresponding to the allocated quots-s , then consultations will be opened
between the Community and the third states concerned with the intention
of reducing the number of vessels involved in the request .
                   The licence granting procedure will require that the third
countries concerned have taken , as a prior condition , the necessary measures
to guarantee that their fishermen respect the conditions to which the fishing
rights are subject .
                   The present proposal moreover envisages cases arising
where the vessels of third countries may    have their licences withdrawn ,
as well as the progressive collection of the results of inspections
carried out by the Member States indicating any infractions which have
taken place , and the sanctions adopted .
                   The entry into force of this regulation is envisaged for
the 1st of July 1977 , on which date the validity of the licences granted
to the vessels of certain third countries within the framework of the
application of the interim regulations , expires .
 ---pagebreak---                   COUNCIL REGULATION ( EEC )
   laying down a licencing system to control the fishing operations of
   non-member countries in the maritime waters coming under the sovereignty
   or falling under the jurisdiction of Member States and covered by the
   Community system for the conservation and management of fishery resources .
THE COUNCIL OF THE EUROPEAN COtëKUlIITIES ,
Having regard to the Treaty esxablishing the European Economic Community ,
and in particular Article 43 thereof ,
Having regard to the Act of Accession ,
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliament ,
Whereas  the Community has granted to certain non-member countries fishing
rights in the maritime waters coming under the sovereignty or falling under
the jurisdiction of Member States and covered by the Community system for the
conservation and management of fishery resources ;
Whereas the said fishing rights of non-member countries are subject to
certain coaditiona and in particular to the quotas granted by the Community ;
Whereas the Community must be able to ensure that non-member countries
exercise the said fishing rights in accordance with sue': conditions and ,
in particular , that the catches of these countries are not in excess of the
quotas granted by the Community ;
Whereas to this end a system of licences must be laid down .
HAS ADOPTED THIS REGULATION :
                                                                           •/.
 ---pagebreak---                              Article 1
1 . Subject to any decision under Article 6 , no vessel
    flying the flag of a non-member country shall engage in fishing
    activities within the maritime waters coming under the sovereignty
    or falling under the jurisdiction of the Kember States and covered
    by the Community system for the conservation and management of
    fishery resources except under and in accordance with a licence
    granted "by the Community .
2.  The licences referred to in paragraph 1 shall he
    issued "by the Commission in accordance with the provisions of this
    Regulation .
3.  The term " fishing activities " used in this Regulation refers to the
    catching , processing , freezing and transporting of fish in the waters
    referred to in paragraph 1 .
 ---pagebreak---                              Article 2
1. Licences shall only be issued to non-member countries which have
   applied for such licences to the Commission and to which catch
   allocations have been granted by the Community in relation to stocks
   of fish in the waters referred to in Article 1 .
2. When submitting applications for licences each non-member country
   shall state the total number of vessels which it intends to use in
   taking each catch allocation granted to it by the Community . For
   each vessel listed the non-member country in question shall include
   in its application the information set out in Annex I hereto .
3. The Commission shall forward the information received under paragraph
   2 to the Member States .
4. The Council , acting by a qualified majority on the basis of a
   proposal from the Commission , may amend Annex I hereto .
 ---pagebreak---                               Article 3
1. On the basis of the catching capacity of the vessels in respect of
   which a non–member country applies for a licence and on the basis of
   the catch allocations granted by the Community to that non–member
   country , the Commission shall decide , in accordance with the procedure
   laid down in Article 32 of Regulation (EEC ) No 100/76 of 19 January
           (1)
   1976 v ' , the number and type of vessels of that non–member country
   to be licenced , as well as the conditions applicable to such licences .
2. If the number of vessels to be licenced under paragraph 1 is less
   than the number of vessels in respect of which a non–member country
   applies for licences , the Commission shall consult with the non-
   member country in question on the vessels to be withdrawn by that
   non-member country from its application for licences .
3. The Commission shall inform the Member States of the results of the
   consultations under paragraph 2 .
    ( 1 ) OJ No L 100 , 28.1.1976 , p. 1
 ---pagebreak---                             Article 4
1. The Commission shall issue to non-member countries a licence for
   each vessel to be licenced in accordance with Article 3 «
2. Each licence shall state the name and registration number of the
   vessel to which it applies , the periods and areas in which that
   vessel is allowed to engage in fishing activities , and any other
   condition  deemed appropriate .
3. The Commission shall not issue any licences to a non–member country ,
   unless that country has taken such meausres as are required to ensure
   that its vessels comply with the provisions of Annex II hereto .
 ---pagebreak---                              Article 5
1. The Commission may withdraw the licence of a vessel of a non-member
   country in any case where
      ( a ) that vessel does not comply with the conditions subject
            to which the licence is issued ; or
      (b ) that vessel does not comply with the provisions of Annex
            II hereto .
2. The Commission shall inform the Member States of any action taken
   by it under paragraph 1 .
3. The Council , acting by a qualified majority on a proposal from the
   Commission , may adopt conditions and rules for the application of
   paragraph 1 .
 ---pagebreak---                         Article 6
The Commission may , in accordance with the procedure laid down in
Article 32 of Regulation ( HHC ) NO 100/7 6 of 19 January 1976 ,
decide not to a; ply any or all provisions of this Reflation to
certain fishing activities of non-member countries in the waters
referred to in Article 1 .
The Council , acting by a qualified majority on a proposal from the
Commission, shall adopt conditions and rules for the application of
paragraph 1 .
 ---pagebreak---                         Artie . e 7
Member States shall take all necessary steps to ensure compliance
with the provisions of this Regulation and the Annexes   here­
to within the maritime waters coming under their sovereignty or
falling under their jurisdiction and covered by the Community system
for the conservation and management of fishery resources .
The checks carried out by the Member States shall be reported at
regular intervals "to the Commission . Ineach case they shall mention
the type and the nationality of the vessel , any infringements recorded
and measures taken a3 a result .
 ---pagebreak---                          Article 8
This Regulation shall enter into force on 1 July 1977 *
 ---pagebreak---                      Annex I
Information to be provided "by non–member countries :
      a)  name of the vessel ;
      b)   registration number and external identification letters
          and number :
      c)  call sign and radio frequency ;
      d)  port of reg'istration ;
      e)  name and ardress of the ov/ner or charterer :
      f)  name and acfdress of the rnaster ;
      g)  ^ross tonns.ge and overall length ;
      h)  engine powe'r ;
      i)  hold capacity ;
      j)  "type and n^lmber of fishing gear on board ;
      k)  processing equipment on board ;
      l)  navigational equipment on board ;
      m)  intended method of fishing ;
      n)  intended area of fishing ;
      o)  intended species of fishing ; and
      p)  the period for which a licence is requested .
 ---pagebreak---                            Ληηοχ II
 Upon entry inxo the waters referred "to in Article 1 , each fishing
 boat of a non-member country which intends to operate in these
 waters under a licence issued under this Regulation , shall inform ,
 through the most expeditious channels available , the Commission of
 the time and location of its entry and of the quantities of each
 species of fish in its holds .
Each time the said fishing boat moves from one ICES division to
another ICES division , it shall provide the Commission , through the
most expeditious channels available , with the information referred
to in paragraph 1 .
During its stay in the waters referred to in Article 1 , the said
fishing boat shall keep a fishing log book in which , after each
haul , the quantities of each species caught and the time and location
of such haul and the fishing method used shall be registered .
During its stay in the waters referred to in Article 1 , the said
fishing boat shall inform , through the most expeditious channels
available , the Commission of the quantities of each species caught
in the preceding week , the date and location of such catches , and of
the weight and species involved in any transfer of catches to other
ships .
Upon departure from the waters referred to in Article 1 , the said
fishing boat shall inform , through the most expeditious channels
available , the Commission of the time and location of its departure
and of the quantities of each species of fish in its holds .