CELEX: 51985PC0846
Language: en
Date: 1985-12-31
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) LAYING DOWN DEFINITIONS OF VESSEL CHARACTERISTICS AND THE WAY IN WHICH THEY SHALL BE DETERMINED FOR FISHING VESSELS

No C 356/64                             Official Journal of the European Communities                             31. 12. 85
              Proposal for a Twenty-first Council Directive on the harmonization of the laws of the
              Member States relating to turnover taxes — Deferment of the introduction of the common
                                        system of value added tax in the Hellenic Republic
                                                        COM(85) 821 final
                                                          (85/C 356/11)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas for the reasons given, the Greek Government's
                                                                    request should be complied with,
  Having regard to the Treaty establishing the European
  Economic Community, and in particular Articles 99
  and 100 thereof,
  Having regard to the proposal from the Commission,
 Having regard to the opinion of the European Parlia-               HAS ADOPTED THIS DIRECTIVE:
  ment,
 Having regard to the opinion of the Economic and
 Social Committee,
                                                                                              Article 1
 Whereas the Greek Government informed the Com-
 mission on 16 October 1985 that, for economic and
 technical reasons, it would be unable to introduce the             At the earliest opportunity, and by 1 January 1987 at
 common system of value added tax by 1 January 1986,                the latest, the Hellenic Republic shall put into effect
 the date set by the Fifteenth Council Directive of 19              the measures necessary to comply with Directives 67/
 December 1983 (x) authorizing deferment for two years              227/EEC, 67/228/EEC and 77/388/EEC and with any
 of the deadline set by Article 145 of the 1979 Act of              other Directive, adopted or to be adopted, relating to
 Accession, read with Annex XII thereto; whereas the                the common system of value added tax.
 Greek Government has therefore requested that the
  introduction of value added tax be deferred for one
  year;                                                                                       Article 2
  (!) OJ N° L 360, 23. 12. 1983, p. 49.                             This Directive is adressed to the Hellenic Republic.
              Proposal for a Council Regulation laying down definitions of vessel characteristics and the
                                    way in which they shall be determined for fishing vessels
                                                        COM(85) 846 final
                                                          (85/C 356/12)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas the Torremolinos Convention of 1977 on the
                                                                     safety of fishing vessels, drawn up under the aegis of
 Having regard to the Treaty establishing the European               the International Maritime Organization (IMO), has
 Community, and in particular Article 43 thereof,                    already been ratified by several Member States and
                                                                     should be ratified by the others, according to Council
 Having regard to the proposal from the Commission,                  recommendation 80/907/EEC(1);
 Having regard to the opinion of the European Parlia-
 ment,                                                              Whereas the International Convention on tonnage
                                                                     measurement of ships, drawn up in London in 1969
 Whereas, in the framework of the common fisheries                   under the aegis of the said organization, has already
 policy, reference is made to the characteristics of fishing        been ratified by all Member States having a fishing
 vessels, such as length, breadth, tonnage, date of entry           fleet;
 into service and engine power;
 Whereas it is essential that identical rules for determin-         Whereas the International Organization for Standardi-
 ing the characteristics of fishing vessels should be used          zation has drawn up standards on internal combustion
 in order to unify the conditions for pursuit of the                engines which are already widely applied in Member
 activity in the Community;                                         States;
 Whereas the definitions decided upon should reflect as             Whereas the existing Community legislation using defi-
 much as possible the definitions of vessel characteristics         nitions of vessel characteristics should be amended or
 presently applied in the Member States; whereas Com-               supplemented accordingly;
.munity action iri this field should therefore be based
 upon initiatives already taken by specialist international
 organizations;                                                     (*) OJ No L 259, 2. 10. 1980, p. 29.
 ---pagebreak---  31. 12. 85                          Official Journal of the European Communities                              No C 356/65
 HAS ADOPTED THIS REGULATION:                                   2.     When the net tonnage is mentioned in Community
                                                                legislation it shall be defined as specified in the said
                                                                Annex I.
                          Article 1
                    General provisions                                                    Article 5
                                                                                        Engine power
 The definitions of characteristics of fishing vessels given
 in this Regulation shall apply to all Community legis-         1. The engine power shall be the total of the
 lation concerning fisheries.                                   maximum continuous power which can be obtained in
                                                                any vessel operating condition at the output flange of
                         Article 2                              each engine and which can, by mechanical, electrical,
                                                                hydraulic or other means, be applied to vessel propul-
                          Length                                sion.
                                                                Deductions in respect of auxiliary machinery driven by
 1. The length of a vessel shall be the length overall,         these engines shall not be made.
defined as the distance in a straight line between the
foremost point of the bow and the aftermost point of            The unit in which engine power is expressed shall be
the stern.                                                      the kilowatt (kW).
The bow is to be taken to include the watertight hull           2.     The continuous engine power shall be determined
structure, forecastle, stem and forward bulwark, if fit-        in accordance with the requirements adopted by the
ted, but to exclude bowsprits and safety rails.                 International Organization for Standardization in its
The stern is to be taken to include the watertight hull         recommended International Standard ISO 3046/1,
structure, transom, poop, trawl ramp and bulwark but            second edition, October 1981.
to exclude safety rails, bumkins, propulsion machinery,
                                                                3.     The amendments necessary for adapting the
rudders and steering gear, and divers' ladders and plat-
                                                                requirements provided for in paragraph 2 to technical
forms.
                                                                progress shall be adopted in accordance with the pro-
The length overall shall be measured in metres with an          cedure laid down in Article 14 of Council Regulation
accuracy of one decimal.                                        (EEC) No 170/83.
2. When the length between perpendiculars is men-
tioned in Community legislation, it shall be defined as                                    Article 6
the distance measured between perpendiculars on the
                                                                                 Date of entry into service
waterline from the fore side of the stem to the after
side of the rudder post or to the centreline of the rudder      The date of entry into service shall be the date of first
stock if there is no rudder post.                               issue of an official safety certificate. If this date is not
The waterline shall be established in accordance with           available, it shall be the date of first entry onto an
the International Convention for the Safety of Fishery          official register of fishing vessels of any country.
Vessels.
The length between perpendiculars shall be measured                                        Article 7
in metres with an accuracy of one decimal.
                                                                Footnote (2) of Annex II to Regulation (EEC) No 170/
                                                                83 is hereby deleted.
                         Article 3
                          Breadth                                                          Article 8
The breadth of a vessel shall be the overall breadth,           1. The Regulation shall enter into force on the first
defined as the extreme width of the vessel measured to          day of the third month following its publication in the
the outer surface of the hull.                                  Official Journal of the European Communities.
The overall breadth shall be measured in metres with            2.    However, Articles 2, 3, 4, 5 and 6 shall be appli-
an accuracy of one decimal.                                     cable to vessels which entered into service before the
                                                                date of entry into force of this Regulation only as
                                                                from 18 July 1994, except that they shall apply to
                         Article 4                              characteristics of such vessels modified prior to that
                                                                date.
                         Tonnage
                                                                This Regulation shall be binding in its entirety and
1. The tonnage of a vessel shall be gross tonnage as           directly applicable in all Member States.
specified in Annex I of the International Cpnvention
on Tonnage Measurement of Ships.                               (!) OJNoL24, 27. 1. 1983, p. 1.