CELEX: 51979PC0754
Language: en
Date: 1979-12-14
Title: Proposal for a COUNCIL REGULATION (EEC) laying down detailed rules for the recording and transmission of information concerning catches taken during the course of fishing operations carried out by vessels of the Member States. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
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COM (79) 754
Vol. 1979/0251
 ---pagebreak--- Disclaimer
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM (79 ) 754 final
                                                         Brussels . 14 December 1979
                                                •v         :
                                            <=->
                                    Proposal for/ a                 ^r ■
                                                   j i "i ; ^- "* V ^ \j
                               COUNCIL REGULATION (EEC)
                 laying down detailed rules for the recording and
           transmission of information concerning catches taken during
              the course of fishing operations carried out by vessels
                                 of the Member States .
                     ( submitted to the Council by the Commission )
COM ( 79 ) 754 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
This proposed Regulation now submitted by the Commission to the
Counci I
follows up the Council decision      of 3 December 1979 whereby it was
decided to implement with effect from 1.1.1980 a community system
of recording and declaring catches in relation to the TAC , having
in view the necessity for a regular flow of information about catche
where the stocks or the groups of stocks for which a TAC has been
fixed are concerned .
It puts forward again the provisions of articles 3 , 7 , 8 , 9 and 11
of the proposal for the implementation of control measures which the
Commission presented to the Council on 13 October 1977 and which
was modified on 16 January 1978 and on 13 November 1978 ( 1 ).
( 1 ) C0M(77 ) 513 final
      C0M(78 )   8 final
      C0MC78 ) 622 final
 ---pagebreak---                                     /
                          Proposal for a
                      COUNCIL REGULATION ( CEE )
       laying down detailed pules for the recording and
transmission of information concerning catches taken during
   the course of fishing operations carried out by vessels
                        of the Member States
THE COUNCIL OF THE EUROPEAN COMMUNITIES /
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 43 thereof
Having regard to the proposal from the Commission ,
Having regard to the opinion of the Eurooean Parliament ( 1 )
                                                              »
 Having regard to the opinion of the Economic and Social Committee ( 2 ),
 ( 1 ) O.J. N° C 6 of 9.1.1978 , p.
 ( 2 ) O.J . N° C 181 of 31.7.1978 , p.
   C
 ---pagebreak---                          -  1 «
Whereas it is a matter of importance to establish rules for the '
verification of catches in order to ensure that the limits fixed
elsewhere for permissible levels of fishinq are observed ;
Whereas the effective verification of landings of fish species subject
to quota requires that the captains of fishinq vessels keep a register
and submit statements of their fishinq activities ;
Whereas the effective verification of catches of fish species subject
to quota requires that landings made outside the territory of the
Community be recorded ;                .
Whereas Member States should record landings of fish species subject
to quota and communicate the results to the Commission ;
Whereas it is necessary that , if the fishermen of a Member State have
exhausted a quota allocated to that Member State , the obligation
to cease fishing rests on a decision of the Commission ;
Whereas the provision of this Regulation should not prejudice , subject
to certain conditions , national rules and measures on verification
which fall within its scope ? and which go beyond its minimum requirements ;
Whereas provision should be made for the possibility of adopting
detailed rules for the implementation of this Regulation ;
HAS ADOPTED THE FOLLOWING REGULATION :
     *
 ---pagebreak---                           Article 1
  1.      The skippers of fishing vessels flying the flag of a Member
*
  State and fishing for species subject to quota shall maintain a record
  of their operations , indicating , as a minimum , the amount of the catch
  of each species kept on board , the date . and location of such catches
  and the type of gear used.
                                                    X
  2.      Derogations from the requirements referred to in paragraph 1
  or additional requirements, especially as regards fish thrown back
  into the sea , shall be adopted in accordance with the procedure
  referred to in Article 6 .
                          Article 2                                . ,
  1.      At the time of landing after every voyage , the skipper of every
  fishing vessel flying the flag of a Member State or his agent shall
  submit to the authorities of the Member State whose landing places
  he uses a statement , for the accuracy of which the skipper alone '
  shall be held responsible , listing for each species subject to quota
  the catches landed, or kept on board with a view to
   landing, since his last statement and indicating , by
   reference to the smallest management zone for which a quota has been fixe4.
  the location of such catches . Member States shall take appropriate measures to
  verify the accuracy of this statement , in particular by comparing it with the
   records maintained in accordance with Article 1 .
                                                           V
   2.      In cases where     . landing takes place more than fifteen days after
   the catch , the data required in paragraph 1 shall be submitted to the
   competent authorities not later than fifteen days after the catch .
   3.      Derogations from the requirements referred to in paragraph 1 or
   additional requirements shall be adopted in accordance with the
   procedure referred to in Article 6 .
                           Article 3
                                                                 >
          Without prejudice to Article 2 , a skipper of a
   fishing vessel flying the flag of a Member State
   transferring to another vessel flying the fldg of a Member State any
   quantity of a species subject to quota for subsequent landina or
 ---pagebreak--- transferring such species to a vessel not f Lying the flag of a
Member State , irrespective of the place of landing , or who directly
lands catches of a species subject to quota outside Community
territory , shaU at the time of entry into a port in Community
territory, but in any event within fifteen days of the catch , inform the
Member State whose flag his vessel is flying of the species and
quantities involved .
                                        «
                        Article 4
1.       Member States shall ensure that all , landings of species subject
to quota are recorded accurately . For this pucpose , Member States may
require that the first placing on the market be made by sale by public
auction . Where catches of species subject to quota are not . placed
for the first time on the market by means of sale by public auction
Member States shall ensure that the quantities involved are notified
to the centres for sales by public auction or to the bodies
designated by the Member State .
2.       Before the fifteenth day of each month , each Member State shall notify
the Commission of the quantities of species subject to quota landed
during the preceding month and shall provide it with any information
received under Article 3 . Where circumstances so require , an accelerated
time-table for catch reporting for particular species or stocks may be
established in accordance with the procedure laid down in Article 6
of this Regulation . .
         Notifications to the Commission shall , indicate the location
of the catches as laid down in Articles 1 and 2 and the nationality
of the fishing vessels concerned .
3.       The Commission shall on the twenty fifth day of each month inform all
other Member States of the notifications received from the Member
States .
 ---pagebreak---                            Article 5
 1.       All catches of a stock or group of stocks subject to quota
 by fishing vessels flying the flag of a Member State shall be
charged against the quota applicable to that Member State for
                                                       X
 the stock or group of stocks in question , irrespective of the
place of landing .
                                             ;
 2.       Each Member State shall determine the date from which the
 catches of a stock or group of stocks subject to quota by fishing
 vessels flying its flag shall be deemed to have exhausted the
 quota applicable to it for that stock or group of stocks ; with effect
 from that date , the Member State shall provisionally prohibit
 fishing for , retention on board and landing of fish from that
 stock or group of stocks by vessels flying its flag . The Commission
 shall forthwith be notified of this measure and shall then inform
 the other Member States.
 3.        Following notification under paragraph 2 or on its own
 initiative , the Commission shall fix on the basis of the information
 available the date on which , for a stock or group of stocks , the
 catches subject to quota made by the fishing vessels of a Member State
 are deemed to have exhausted the quota allocated.
           Fishing vessels flying the flag of a Member State shall cease
 fishing , retention on board , landing or arranging for landing in
 respect of'a species subject to quota on the date on which the quota
 allocated for the species in question to that Member State is deemed "
 to have been exhausted .
                           Article 6
 The detailed rules for the implementation of this Regulation shall be
 adopted in accordance with the procedure provided for in Article 31
 of Regulation ( CEE ) No . 100/ 76 ( 1 ).
 ( 1 ) 0J No . L 20 , 19.1.1976 , p.
 ---pagebreak---                       Article 7
This Regulation shall enter into force on 1/1/198O
This Regulation shall be binding in its entirety and shall be
directly applicable in all Member States .         '
Done at                                    For the Council
                                        *   The President