CELEX: 51993PC0493
Language: en
Date: 1993-10-13
Title: Proposal for a COUNCIL REGULATION (EEC) on adjustments to the fisheries arrangements provided for in the Act of Accession of Spain and Portugal

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(93) 493 final
                                                   Brussels, 13 October 1993
                            Proposal for a
                 ÇffiJNQJ^REGUL^^
      on adjustments to the fisheries arrangements provided for
           in the Act of Accession of Spain and Portugal
                   (presented by the Commission)
 ---pagebreak---                                EXPLANATORY MEMORANDUM
On 23 December 1992, in accordance with the Act of Accession of Spain and Portugal (AA),
and in particular Articles 162 and 350 thereof, the Commission adopted the 1992 Report by
the Commission to the Council and Parliament on the application of the Act of Accession of
Spain and Portugal in the fisheries sector<1}, hereinafter called "the 1992 Report".
ADJUSTMENTS TO THE ACCESSION ARRANGEMENTS
The analysis made in the 1992 Report of the application of the arrangements laid down in the
A A calls for those arrangements to be adjusted with effect from 1 January 1996.
In addition, certain provisions are due to expire on 31 December 1995, namely:
•    the prohibition for vessels flying the Spanish or Portuguese flag to have access to the zone
     situated south of latitude 56°30*N, to the east of longitude 12°W and to the north of
     latitude 50°30'N;
-    the restrictions on fishing for albacore tuna and tropical tuna by the vessels of the Ten in
     all or part of Portuguese waters;
-    the conditions of access by Spanish vessels to Portuguese waters (Article 165) and vice
     versa (Article 352) as laid down in the bilateral agreement between Spain and Portugal.
OBJECTIVE: THE NEED TO INTEGRATE THE ACCESSION ARRANGEMENTS INTO
THE GENERAL ARRANGEMENTS
The reform of the common fisheries policy (CFP) was undertaken in 1991 and entered into
effect with the adoption of a new Council Regulation establishing a Community system for
fisheries and aquaculture(2), supplemented by the introduction of control arrangements(3).
While the mechanisms for managing fishing activities introduced under the       AA comply with
the spirit of the framework set up in 1983 by Regulation (EEC) No 170/83(4), they differ from
those then applicable to the Ten. They can now be integrated without difficulty with the new
mechanisms for regulating and controlling fishing activities.
At its meeting of 24 June 1993, after examining the 1992 Report, the Council of Fisheries
Ministers took the view that the adjustments to the accession arrangements should be
undertaken in the spirit of the reform, in order to strengthen its impact.
The Commission's proposal is therefore designed to ensure the integration of the accession
arrangements into the common arrangements with effect from 1 January 1996.
a) SEC(92) 2340 final of 23 December 1992.
 (2) Regulation (EEC) No 3760/92, OJ No L 389, 31.12.1992, p. 1
(3) Regulation (EEC) No 2847/93, OJ No L 261, 20.10.1993, p. 1.
 (4) O J N o L 2 4 , 27.1.1983, p. 1.
 ---pagebreak--- STRATEGY: STRICT COMPLIANCE WITH THE ACQUIS COMMUNAUTAIRE AND NO
INCREASE IN FISHING EFFORT
This integration can be contemplated only if the acquis communautaire is scrupulously
complied with and with the objective of improving the effectiveness of the regulatory
measures in order to ensure that the basic objective of the CFP is attained, namely the optimal
balance between resources and fishing effort.
In view of the acquis communautaire in the fisheries sector, this proposal is designed to:
    strengthen the principle of free access to waters while maintaining the exceptions to this
    principle as laid down in Articles 6 and 7 of Regulation (EEC) No 3760/92;
-   confirm the principle of relative stability, which guarantees the stability of fishing
    activities.
In addition, given the state of the resource and the general situation in the fisheries sector, the
proposal is designed to maintain fishing effort at the levels set in the AA. Lastly, to ensure
the credibility of the new arrangements, the proposal lays down specific obligations with
regard to the policing of the fishing vessels affected by these adjustments, by establishing a
system of compulsory prior authorization of access to fisheries based on the issue of fishing
licences to be granted and managed at national level.
 ---pagebreak---                                         Proposal for a
                               COUNCIL REGULATION (EEC)
                  on adjustments to the fisheries arrangements provided for
                        in the Act of Accession of Spain and Portugal
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 Act of Accession of Spain and Portugal,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament^,
Having regard to the opinion of the Economic and Social Committee(3),
Whereas Articles 162 and 350 of the Act of Accession provide for the Council to adopt, on
the basis of a report submitted by the Commission concerning the situation and prospects with
regard to fishing in the Community, any adjustments which prove to be necessary; whereas
such adjustments, which are to take effect on 1 January 1996, must be adopted before
31 December 1993;
Whereas the principles on which those adjustments at Community level are to be based must
be laid down, so that Member States may ensure their implementation;
(,)
    OJNoC
(2)
    Opinion delivered on
(3)
    Opinion delivered on
 ---pagebreak---  Whereas the new provisions must facilitate the full integration of Spain and Portugal into the
 general scheme of the common fisheries policy and must comply with the
 acquis communautaire, particularly with regard to the principle of relative stability and the
 exceptions to the principle of free access to waters as laid down by Council Regulation (EEC)
 No 3760/92(4); whereas, in addition, such adjustments must not result in an increase in existing
 fishing effort;
 Whereas the adjustments must be made in the spirit of the revised common fisheries policy
 laid down by Regulation (EEC) No 3760/92 and supplemented by Council Regulation (EEC)
 No 2847/93 of 12 October 1993 establishing a control system applicable to the common
fisheries policy(5);
 Whereas the adjustments can be undertaken only by combining the restrictions on catches and
on authorized fishing effort; whereas, if this is to contribute to improving the regulation of
 exploitation and transparency in the fisheries concerned, a system of fishing licences must be
developed,
HAS ADOPTED THIS REGULATION:
                                             Article 1
With effect from 1 January 1996, the arrangements regarding access to waters and resources
laid down in the Act of Accession of Spain and Portugal to the European Communities are
hereby adjusted in accordance with the provisions of this Regulation.
                                             Article 2
Without prejudice to Articles 6 and 7 of Regulation (EEC) No 3760/92, all Community
fishing vessels shall have free access to the waters falling under the sovereignty or within the
jurisdiction of the Member States.
(4)
     OJ No L 389, 31.12.1992, p. 1.
(5)
     OJ No L 261, 20.10.1993, p. 1
 ---pagebreak---                                             Article 3
1. The system of basic and periodical lists as laid down by the Act of Accession or in
   implementation thereof is abolished as from 1 January 1996.
2. The Council shall adopt, by 31 December 1995, within the framework of Articles 4 and 8
   of Regulation (EEC) No 3760/92, Community measures entering into force on
    1 January 1996 laying down the conditions of access to fishing zones and resources and/or
   restrictions on exploitation by fixing fishing opportunities in terms of the volume of
   catches and authorized fishing effort.
3. In compliance with the general principles of the common fisheries policy, and in particular
   relative stability, the application of Articles 4 and 8 of Regulation (EEC) No 3760/92
    must take account, in each case, of developments in fishing opportunities, on the basis of
    the levels of fishing effort laid down in Articles 158,160, 164, 165, 349, 351 and 352 of
    the Act of Accession.
                                            Article 4
All Community fishing vessels authorized to engage in fishing activities in fisheries where
the exploitation rate is restricted in accordance with Article 3 must hold a fishing licence
which fixes the conditions of access to those fisheries. Such licences shall be granted and
managed by the Member State whose flag the vessel is flying, in accordance with the
provisions of Article 6 of Regulation (EEC) No            [licence regulation].
                                            Article 5
This Regulation shall enter into force on the seventh day following that of its publication in
the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,                                                          For the Council
                                                                            The President
 ---pagebreak---                                                                       KSN 0254-1475
                                                               COM (93) 493 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-93-537-EN-C
                                                             ISBN 92-77-59854-9
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