CELEX: 51992PC0425
Language: en
Date: 1992-10-09
Title: Proposal for a COUNCIL REGULATION (EEC) amending for the 3th time Regulation (EEC) No 4028/86 on Community measures to improve and adapt structures in the fisheries and aquaculture sector

No C 280 / 20                           Official Journal of the European Communities                                        29 . 10 . 92
              Proposal for a Council Regulation (EEC) amending for the third time Regulation (EEC)
              No 4028/86 on Community measures to improve and adapt structures in the fisheries and
                                                       aquaculture sector
                                                         (92 / C 280 /05)
                                                      COM(92) 425 final
                                      (Submitted by the Commission on 12 October 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 42 and                                               Article 1
43 thereof,
                                                                     Regulation (EEC) No 4028 / 86 is hereby amended as
                                                                     follows :
Having regard to the proposal from the Commission,
                                                                     1 . Article 1 ( 1 ) (d) is replaced by the following :
Having regard to the opinion of the European
Parliamant,                                                              '(d) the adjustment of fishing effort by the temporary
                                                                                or permanent withdrawal of certain vessels from
                                                                                fishing activities ;';
Whereas the common            measure for restructuring,
adapting and reorientating capacity in the fisheries sector          2 . after Article 1 , Article la is introduced, the text of
must be continued using all available means to ensure the                which is as follows :
rationalization of fishing fleet structures appropriate to
the resources available , in accordance with the provisions
of Title I of Council Regulation (EEC) No 4028 / 86 (');
                                                                          'Article la
Whereas the range of measures available to the Member
States to attain balance between the fishing capacity of                 1 . The Member States shall adopt measures by
their fleets   and the resources available should be                     which to restrict fishing effort to bring it into line
supplemented by introducing the concept of fishing                       with a balanced exploitation of fishery resources.
effort into Regulation (EEC) No 4028 / 86, thereby
allowing the Member States to resort to measures to
limit the fishing effort of their fleets, differentiated                 2. The measures provided for in paragraph 1 shall
according to the stocks concerned, and to fix objectives                 combine a reduction in the capacity of the
for the evolution of fishing effort in a coordinated and                 Community fleets and an adjustment of their
balanced way at Community level, in their multiannual                    activity.';
guidance programmes ;
                                                                    3 . in Article 2 :
Whereas the system would be more flexible if the final
cessation premium were to be determined otherwise than
on a flat-rate basis ;                                                   — the following is added to paragraph 2 (a) :
Whereas Regulation (EEC) No 4028 / 86 should be                                 '. . . depending on the fishing effort per section of
amended accordingly,                                                             the fleet, expressed as the product of capacity
                                                                                 and activity ;',
                                                                         — in the second indent of paragraph 6, 'a reduction
O OJ No L 376, 31 . 12 . 1986, p. 7 .                                           in the overall capacity of the fishing fleet' is
 ---pagebreak--- 29 . 10 . 92                                  Official Journal of the European Communities                                      No C 280/21
          replaced by 'an adjustment of the fishing effort                                                Article 2
          per section of the fleet ;';
                                                                              This Regulation shall enter into force on the day of its
                                                                              publication in the Official Journal of the European
4. in Article 24 (3), 'at a standard rate' is deleted ;                       Communities.
5 . Annex I is amended in accordance with the Annex                           This Regulation shall be binding in its entirety and
    hereto .                                                                  directly applicable in all Member States .
                                                                      ANNEX
               Part I of Annex I is amended as follows :
                1 . in point 2, 'estimated fishing capacity' is replaced by 'estimated fishing effort by section of the fleet';
               2. in point 6, 'the fishing capacity envisaged on completion of the programme' is replaced by 'the fishing
                    effort anticipated on completion of the programme'.