CELEX: 51978PC0622
Language: en
Date: 1978-11-13
Title: Amended proposal for a COUNCIL REGULATION (EEC) establishing certain supervisory measures for fishing activities by vessels of the Member States (cf. Doc. R/168/78 (AGRI 49/RELEX 2) Part IV submitted to the Council on 31 January 1978) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 622
Vol. 1978/0241
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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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(78)622 final
                                                       Brussels , 13 November 1978
                               Amended proposal for a
                              COUNCIL REGULATION ( EEC )
   establishing certain supervisory measures for fishing activities
                          by vessels of the Member States
 . < cf . Doc . R / 168/ 78 ( AGRI 49/ RELEX 2 ) Part IV submitted to the
                            Council on 31 January 1978 )
                ( submitted to the Council by the Commission )
                          I
 C0M(78 ) 622 final
 ---pagebreak---                         EXPLANATORY MEMORANDUM
      • The Commission taking over the modifications made during the •
discussions in the Council on the amended proposal for a Council
Regulation laying down certain measures of control for fishing
activities by Community vessels ( 1 ), held talks with Member States
in order to find a solution to outstanding question .
        The present proposal results from these exchanges of views and
includes the amendments to be made to the amended proposal referred
to above .
         It includes the following points :
a ) the introduction of a new Title on t.he use of fishing gear which takes
      over the relevant provisions of the proposal for a Regulation on technical
      measures for the conservation of fishery resources ;
 b ) more complete information on catches and when they were made and , in
      particular , where they were made so as to tighten up the . controls on
      the quotas allocated to Member States .
 ( 1 ) See document R / 168/ 78 CAGRI 49 / RELËX 2 ) Part IV
        Basis : C0M(78 ) 8 final ( see C0M(77 > 513 final ) of 16 January 1978 .
 ---pagebreak---                                Article 3
Paragraph 2 shall read :
Any exemption from the requirements to keep a record or from any additional
requirements shall be adopted in accordance with the procedure laid down
in Article 14 of Regulation ( EEC ) No .     / 78.
 ---pagebreak---                                 Article 7
Replace the previous text by the following :
1.     At the time of landing after each voyage , the skipper of each . .
fishing vessel flying the flag of a Member State shall submit to the
authorities of the Member State      whose landing places he uses , a declarat­
ion for the accuracy of which he shall be held responsible , listing
for each species subject to quotas the quantities landed and the
catches made since his last declaration and indicating the date and
location , determined in accordance with Annex I of such catches . When
catches were made in areas not mentioned in Annex I , the location of
such catches shall be determined by reference to the smallest management
unit for which a quota has been fixed . Member States shall take all measures
 necessary to verify the accuracy of this declaration , in particular by comparing
it with the records maintained in accordance with Article 3 .
 2.     Where the landing takes place more than 15 days after the catch , the
 information required in paragraph 1 shall be submitted to the competent
 authorities not later than 15 days after the catch .
 3.     Additional requirements for the implementation of this Article shall
 be adopted in accordance with the procedure laid down in Article 14 of
 Regulation ( EEC ) No .      / 78 .
                                 Article 8
 Replace the previous text by the following :
        Without prejudice . to Article 7, a skipper of a fishing vessel transferring
 to another vessel flying the flag of a Member State any quantity of a species
 subject to quotas , in order for it to be landed outside Community territory , or
 transferring such species to a vessel not flying the flag of a Member State ,
 irrespective of the place of landing , or who directly lands catches of a soecies
 subject to quotas outside Community territory , shall , immediately on arrival
 at a port within Community territory , and in any event within 15 days after
 the catch , inform the Member State whose flaq his vessel is flying of the species
 and quantities involved .
 ---pagebreak---                                  Article 9
Amend   the second paragraph as follows :
2.      Before the fifteenth day of each month , each Member State shall notify the
Commission of the quantities of species subject to quotas landed during
the preceding month in its authorized landing places , and of the estimated
landings during the same period of such species in places not included in
the list of authorized landing places , and provide it with any information
received under Article 8 . Where circumstances require , an accelerated
time-table for the negotiations of catches for particular species or stocks may
be established in accordance with the procedure laid down in Article 14 of
Regulation ( EEC ) No .      / 78.
        The notifications made to the Commission shall indicate the date .
and location , as specified in Article 7 , of the catches , and the nationality
of the fishing vessels concerned .
Replace     the previous paragraph 3 by the following paragraph :
3.      The Commission shall regularly inform all other Member States of the
notifications received from the Member States .
 ---pagebreak---                                 - 4 -
                              Article 11
Replace previous paragraphs 1 and 2 by the following :
1.      All catches of a stock or group of stocks subject to quotas by
fishing vessels flying the flag of a Member State shall be debited
against the applicable quota , for the stock or group of stocks in
question , to that Member State , irrespective of the place of landing .
2.      Each Member State shall determine the date from which the catches
or a stock or group of stocks subject to quotas by fishing vessels flying
its flag shall be deemed to have exhausted the quota applicable to it for
that stock or those groups of stocks ; with effect from that date , the Member
 State concerned 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 .
 ---pagebreak---                                 - 5 -
Add the following Title and Article :
Title Ha        Use of fishing gear
Article 11a
1.       Nets with smaller mesh sizes than those specified in Annex I
Regulation ( EEC ) No .      / 78 of        on technical measures for the
conservation of fishery resources ( 1 ) used for catching the species
listed in Annex II thereto in the Regions therein mentioned or for fishing
Nephrops in accordance with Articles 9 and 10 thereof shall not be used
for catching other species .
2.       If vessels are fishing for certain species , in certain zones , or
during certain periods for which the use of nets with meshes smaller than those
specified in the Regulation referred to in paragraph 1 is not
authorized , such nets must be stowed in accordance with the conditions
set out in Annex II in order that they may not be readily used .
( 1 ) O.J. No .
 ---pagebreak---                                 - 6 -
                              ANNEXES
The Annex " Location of catches " shall become Annex 1 .
and the following Annex II shall be added :
                              ANNEX II
                  CONDITIONS REFERRED TO IN
                    ARTICLE 11a ( 2 )
      In the case of a trawl or of a Danish seine , the cod-end shall
be dismantled ; in other words , it   shall no longer be joined to the
other components of the trawl .
      In the case of a purse seine or gill net , the net shall not be on
deck but shall be stowed dry in a place set aside for this purpose .