CELEX: 31985R3723
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3723/85 of 20 December 1985 amending Regulation (EEC) No 2057/82 establishing certain control measures for fishing activities by vessels of the Member States

No L 361 / 42                             Official Journal of the European Communities                                      31 . 12 . 85
                                            COUNCIL REGULATION ( EEC ) No 3723 / 85
                                                          of 20 December 1985
                 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 ,                              Whereas it is necessary for the better control of landings of
                                                                          species subject to total allowable catches and quotas to
                                                                          make more detailed provision concerning transhipments
  Having regard to the Treaty establishing the European                   of fish from one vessel to another ;
   Economic Community ,
                                                                          Whereas the communicaton of more detailed or more
  Having regard to Council Regulation ( EEC ) No 170 / 83 of              frequent information about catches to the Commission at
  25 January 1983 establishing a Community system for the                 the latter's request would improve the control of fishing
  conservation and management of fishery resources 0 ), and               activities ;
  in particular Article 11 thereof,
                                                                          Whereas provision should be made for the Commission to
  Having regard to the proposal from the Commission ,                    be more fully informed about the irregularities which are
                                                                         the subject of administrative enquiries .
  Whereas Article 10 of Regulation ( EEC ) No 170 / 83
  provides for the adoption of supervisory measures to
  ensure compliance with Community provisions regarding                  HAS ADOPTED THIS REGULATION :
 conservation ;
 Whereas such measures have already been established by                                              Article 1
 Regulation ( EEC ) No 2057 / 82 ( 2 ), as amended by
 Regulation (EEC) No 1729 / 83 ( 3 );                                    Regulation ( EEC ) No 2057 / 82 is hereby amended as
                                                                         follows :
 Whereas it is appropriate to modify the category of persons
 against whom Member States should take penal or                         1 . Article 1 ( 2) shall be replaced by the following:
 administrative action if a fishing vessel flying the flag of, or
 registered in , a Member State does not comply with the                      '2 . If the competent authorities of a Member State
 relevant regulations concerning conservation and control                     observe , as a result of an inspection carried out by them
 measures ;
                                                                              under paragraph 1 , that a fishing vessel flying the flag
                                                                              of, or registered in , a Member State does not comply
                                                                              with the relevant regulations concerning conservation
 Whereas it is appropriate to extend the provisions                           and control measures , they shall take penal or
 concerning the logbook , the declaration of landings ,                       administrative action against the skipper of such a
 information about transhipments and registration of                          vessel or , if necessary , any other person responsible .'
 catches to include stocks or groups of stocks subject to
 quota , and to permit the inclusion of stocks not subject to            2 . Article 3 shall be replaced by the following:
 total allowable catches or quotas ;
                                                                              'Article 3
 Whereas the control of fishing activities requires that                       1 . The skippers of fishing vessels flying the flag of, or
 Member States should verify the accuracy of entries in                        registered in , a Member State and fishing for a stock or
 logbooks ;                                                                    group of stocks subject to total allowable catches
                                                                               (TACs) or quotas shall keep a logbook of their
 Whereas the control of fishing activities would be improved                   operations , indicating, as a minimum , the quantities of
 by the certification of certain characteristics of fishing                    each species caught and kept on board , the date and
 vessels related to fishing activities ;                                       location of such catches by reference to the smallest
                                                                               zone for which a TAC or quota has been fixed and
                                                                               administered and the type of gear used .
(') OJ No L 24 , 27 . 1 . 1983 , p. 1 .                                        2 . The skipper of a fishing vessel flying the flag of, or
( 2 ) OJ No L 220 , 29 . 7 . 1982 , p. 1 .                                     registered in , a Member State , whose vessel's overall
( 3 ) OJ No L 169 , 28 . 6 . 1983 , p. 14 .                                    length is :
 ---pagebreak--- 31 . 12 . 85
                                              Official Journal of the European Communities                              No L 361 / 43
     ( a) 10 m or under ;                                                    quantities involved and of the date of transfer or of
                                                                             landing and of the location of catches by reference to
      (b) over 10 m but not over 17 m if carrying out a                      the smallest zone for which a TAC or quota has been
           fishing voyage outside the Skagerrak or the Kattegat              fixed and administered . If the catches have been made
           of a maximum of 24 hours measured from the time                   in waters under the sovereignty or jurisdiction of third
           of leaving port to the time of re-entering port; or               countries , this information must be indicated separately
                                                                             by reference to the waters of each of the third countries
                                                                             concerned .
      (c) 12 m or under, if operating in the Skagerrak or the
           Kattegat, shall be exempted from the obligations
           defined in paragraph 1 .
                                                                             2 . Before the beginning and at the end of a
     3 . Member States shall take appropriate measures                      transhipment or a series of transhipments , when this
     to verify the accuracy of the entries made under para­                 takes place in a port or the maritime waters subject to
     graph 1 .';                                                            the sovereignty or jurisdiction of a Member State , the
                                                                             skipper of the receiving vessel shall inform the
                                                                            competent authorities of this Member State of the
3 . The following point ( f) shall be added to Article 4 :                  quantities of catches of a stock or group of stocks
                                                                            subject to a TAC or quota on board his vessel .
     '( f) the certification of the characteristics of fishing
             vessels related to fishing activities'.
                                                                            The skipper of the receiving vessel shall keep details of
4. Article 6(1 ) shall be replaced by the following:                        the quantities of catches of a stock or group of stocks
                                                                            subject to a TAC or quota received by transhipment ,
     'At the time of landing after each voyage , the skipper of             of the date of receipt , and of the vessel transhipping
      each fishing vessel , the overall length of which is over             such catches to the receiving vessel . This requirement
      10 m , flying the flag of, or registered in , a Member                shall be deemed to be met by retaining copies of the
      State or his agent shall submit to the authorities of the             transhipping declaration provided in accordance with
      Member States whose landing places he uses a                          the detailed rules for recording information on Member
      declaration , for the accuracy of which the skipper shall             States' catches of fish . At the end of the transhipment
      be held primarily responsible , indicating , as a                     or series of transhipments the skipper of the receiving
      minimum , for each stock or group of stocks subject to a              vessel shall transmit these details to the competent
      TAC or quota , the quantities landed and indicating the               authorities referred to above within 24 hours .
      location of catches by reference to the smallest zone for
      which a TAC or quota has been fixed and
      administered . Where the catches have been made in
      waters under the sovereignty or jurisdiction of third                 The skipper of the receiving vessel shall also keep
      countries , this information shall be listed separately by            details of the quantities of catches of a stock or group
      reference to the waters of each of the third countries                of stocks subject to a TAC or quota which are
      concerned .'                                                          transhipped by the receiving vessel to a third vessel ,
                                                                            and shall inform the competent authorities referred to
                                                                            above of such transhipment at least 24 hours before it
 5 . Article 7 shall be replaced by the following :                         takes place , and of the quantities transhipped after it
                                                                            has taken place .
      'Article 7
       1 . Without prejudice to Article 6 , the skipper of a                The skipper of the receiving vessel and of the third
       fishing vessel as referred to in Article 1 who :                     vessel referred to above shall permit the competent
                                                                            authorities referred to above to verify the accuracy of
                                                                            the information and details required by this
       — tranships to another vessel ("the receiving vessel )               paragraph .
            any quantities of catches of a stock or group of
            stocks subject to a TAC or quota , irrespective of the
            place of landing , or
                                                                            3 . Member States shall take appropriate measures to
       — directly lands such quantities outside Community                   verify the accuracy of the information received under
            territory ,                                                     paragraphs 1 and 2 , and shall , where appropriate ,
                                                                            inform the Member State or Member States in which
                                                                            the receiving vessel and the fishing vessel transhipping
        shall at the time of the transhipment or of the landing             to the receiving vessel are registered or whose flag they
        inform the Member State whose flag his vessel is flying             are flying, of such information and of the results of
        or in which his vessel is registered of the species and             verification .
 ---pagebreak--- No L 361 / 44                             Official Journal of the European Communities                                    31 . 12 . 85
     4 . Paragraphs 2 and 3 apply also to a receiving vessel                quota levels , provide more detailed or more frequent
     flying the flag of or registered in a third country .'                 information than this paragraph requires .
                                                                           3 . The Commission shall inform Member States of the
6 . Article 9 shall be replaced by the following :                         notifications received pursuant to this Article within
     'Article 9
                                                                           10 days of the date on which it received them .';
     1 . Member States shall ensure that all landings of             7 . The following Article 9 a shall be inserted :
     stocks or groups of stocks subject to TACs or quotas                 ' Article 9 a
     are recorded . For this purpose , Member States may
     require that the first placing on the market be made by              In accordance with the procedure laid down in
     sale by public auction .                                            Article 13 , additional stocks or groups of stocks may be
                                                                         made subject to Articles 3 , 6 , 7 , 8 and 9 .';
    Where catches of stocks or groups of stocks subject to
     TACs or quotas are not placed for the first time on the         8 . Article 12 ( 2 ) shall be replaced by the following:
    market by means of sale by public auction , Member
    States shall ensure that the quantities involved are                 '2 . If the Commission considers that irregularities have
    notified to the centres for sales by public auction or to            occurred in the implementation of this Regulation it
    the bodies designated by such States .                               shall inform the Member State or States concerned ,
                                                                         which shall then conduct an administrative enquiry in
    2 . Before the 15th of each month , each Member State
                                                                         which Commission officials may participate . The
    shall notify the Commission of the quantities of each                Member State or States concerned shall inform the
    stock or group of stocks subject to TACs or quotas
                                                                         Commission of the progress and results of the enquiry
    landed during the preceding month and shall provide it
    with any information received under Articles 7 and 8 .
                                                                         and provide the Commission with a copy of the report
                                                                         of the enquiry and the main points used in the
    Notifications to the Commission shall indicate the                   preparation of the report .'
    location of the catches as laid down in Articles 3 and 6
    and the nationality of the fishing vessels concerned .
                                                                                                 Article 2
    Without prejudice to the other provisions of this
    paragraph Member States shall , at the request of the           This Regulation shall enter into force on the first day of the
    Commission where catches of stocks or groups of                 month following the month of its publication in the Official
    stocks subject to TACs or quotas may reach TAC or               Journal of the European Communities .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 20 December 1985 .
                                                                                            For the Council
                                                                                             The Président
                                                                                             R. STEICHEN