CELEX: 51981PC0017
Language: en
Date: 1981-01-21
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING COUNCIL REGULATION ( EEC ) NO 2527/80 OF 30 SEPTEMBER 1980 LAYING DOWN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES

10.2.81                          Official Journal of the European Communities                                No C 29/3
                                                          II
                                                  (Preparatory Acts)
                                             COMMISSION
              Proposal for a Council Regulation amending Council Regulation (EEC) No 2527/80 of
              30 September 1980 laying down technical measures for the conservation of fishery
                                                      resources
                           (Presented by the Commission to the Council on 23 January 1981)
THE COUNCIL OF THE EUROPEAN                                   HAS ADOPTED THIS REGULATION:
COMMUNITIES,
Having regard to the Treaty establishing the
European Economic Community, and in particular                                         Article 1
Article 43 thereof,
                                                              Council Regulation (EEC) No 2527/80                 of   30
Having regard to the proposal from the Commission,            September 1980 shall be amended as follows:
                                                               1. Article 18 shall be amended to read as follows:
Having regard to the opinion of the European Par-
liament,                                                           'Article 18
                                                                  (1) In the case of strictly local stocks of interest to
Whereas Council Regulation (EEC) No 2527/80 of                    the fishermen of one Member State only, that
30 September 1980 (') provides for a comprehensive                Member State may take measures for the conser-
regime for the taking and landing of biological                   vation and management of those stocks not
resources arising in Community waters;                            referred to in the Community regulations,
                                                                  provided such measures comply with Community
                                                                  law and are in conformity with the common
Whereas, nevertheless, additional national measures
                                                                  fisheries policy.
of a strictly local character should not be invalidated
by the adoption of a Community Regulation;                        (2) Member States may take such strictly local
                                                                  fishery regulations directly affecting the fishermen
                                                                  of that Member State only which limit the catches
Whereas, therefore, such measures may be main-                    by technical measures in addition to those
tained or taken subject to Commission examination                 provided for in the Community regulations,
whether they comply with Community law and are in                 provided that such measures comply with
conformity with the common fisheries policy;                      Community law and are in conformity with the
                                                                  common fisheries policy.
Whereas the Regulation should apply without                       (3) Before adopting any measures referred to in
prejudice to certain national measures which go                   paragraphs 1 and 2 above, the Member State
beyond the minimum requirements of Regulation                     concerned shall obtain the agreement of the
No 2527/80;                                                       Commission on the finding that the measures are
                                                                  in accordance with paragraphs 1 or 2 above.
                                                                  (4) The other Member States and the Commission
(') OJNoL258, I. 10. 1980, p. 1.                                  shall be notified of the measures taken.
 ---pagebreak--- No C 29/4                          Official Journal of the European Communities                             10.2.81
   (5) Measures already taken by Member States                  to species which are not covered by the present
   concerning strictly local stocks or strictly local          regulation, provided that they comply with
   fishery regulations as defined in paragraphs I and           Community law and are in conformity with the
   2 above may be maintained insofar as they comply            common fisheries policy.
   with Community law and are in conformity with
   the common fisheries policy. Member States shall             (2) The national measures referred to in the first
   notify the Commission of all such measures not              paragraph shall be communicated             to the
   later than 30 June 1981. The Commission will                Commission in accordance with Article 2 (2) of
   decide within one year of the notification whether          Council Regulation (EEC) No 101/76 of
   the measures are in accordance with paragraphs 1             19 January 1976 laying down a common structural
   or 2 above.'                                                policy for the fishing industry.'
2. The following new Article shall be inserted as
   Article 19(a):                                                                    Article 2
    'Article 19(a)                                          This Regulation shall enter into force three days after
                                                            its publication in the Official Journal of the European
   (1) The present regulation applies without               Communities.
   prejudice to national technical measures which go
   beyond its minimum requirements which are                It shall apply from 1 October 1980.
   applicable only to fishermen of the Member State
   concerned and which either are designed to ensure        This Regulation shall be binding in its entirety and
   the respect of that Member State's quota or apply        directly applicable in all Member States.