CELEX: 51986PC0474
Language: en
Date: 1986-09-12
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2057/82 ESTABLISHING CERTAIN CONTROL MEASURES FOR FISHING ACTIVITIES BY VESSELS OF THE MEMBER STATES

1.10.86                                    Official Journal of the European Communities                               No C 245/5
                                                                  II
                                                          (Preparatory Acts)
                                                     COMMISSION
              Proposal for a Council Regulation amending Regulation (EEC) No 2057/82 establishing certain
                               control measures for fishing activities by vessels of the Member States
                                                         COM(86) 474 final
                                (Submitted by the Commission to the Council on 17 September 1986)
                                                            (86/C 245/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               to quantitative restriction can be prohibited upon the
                                                                       exhaustion of the quota, allocation or share available to
                                                                       the Community;
Having regard to the Treaty establishing the European
Economic Community,
                                                                       Whereas it is necessary to modify the conditions under
                                                                       which officials authorized by the Commission are
Having regard to Council Regulation (EEC) No 170/83                    entitled to act in order to verify the implementation of
of 25 January 1983 establishing a Community system for                 Regulation (EEC) No 2057/82,
the    conservation        and     management       of   fishery
resources (x), and in particular Article 11 thereof,
                                                                       HAS ADOPTED THIS REGULATION:
Having regard to the proposal from the Commission,                                                Article 1
                                                                       Regulation (EEC) No 2057/82 is hereby amended as
Having regard         to   the    opinion  of   the    European        follows:
Parliament,
                                                                        1. The title is replaced by the following:
Whereas supervisory measures to ensure compliance with
                                                                           'Council Regulation (EEC) No 2057/82 of 29 June
Community provisions regarding conservation have
                                                                           1982 establishing certain control measures for fishing
already been established by Council Regulation (EEC)
                                                                           activities'.
N o 2057/82 (2), as last amended by Regulation (EEC)
N o 3723/85 (3);
                                                                        2. Article 1 (1) and (2) are replaced by the following:
Whereas it is necessary for the Member States'                             '1.     In order to ensure compliance with all the regu-
inspectorates' activities to cover all fishing vessels,                    lations in force concerning conservation and control
including those of third countries, and all activities                     measures, each Member State shall, within its
whose monitoring would enable verification of the                          territory and within maritime waters subject to its
 implementation of Regulation (EEC) No 2057/82;                             sovereignty or jurisdiction, monitor and inspect
                                                                           fishing vessels and all activities whose monitoring
                                                                           would enable verification of the implementation of
Whereas it is appropriate to clarify the extent of the duty                this Regulation, including the activities of landing,
 of the Member States to record landings of stocks or                       selling and storing fish and recording landings and
 groups of stocks subject to TACs or quotas, whether                       sales.
 within Community waters or not, and to enable records
 of such landings to be verified;                                           2.    If the competent authorities of a Member State
                                                                            observe, as a result of an inspection carried out by
                                                                            them under paragraph 1, that a fishing vessel or any
 Whereas it is necessary for conservation reasons to                       person responsible for an activity referred to in that
 ensure that fishing on a stock or group of stocks subject                 paragraph does not comply with the relevant regu-
                                                                            lations concerning conservation and control measures,
 O O J N o L 2 4 , 27. 1. 1983, p. 1.                                       they shall take penal or administrative action against
 O OJ No L 220, 29. 7. 1982, p. 1.                                          the skipper of such a vessel or any other person
 O OJ No L 361, 31. 12. 1985, p. 42.                                        responsible.'
 ---pagebreak--- No C 245/6                               Official Journal of the European Communities                                   1.10.86
3. The first subparagraph of Article 2 (1) is replaced by            8. The first subparagraph of Article 10 (3) is replaced by
   the following:                                                       the following:
    'The inspection and monitoring referred to in Article 1             '3.    Following notification under paragraph 2 or on
   shall be carried out by each Member State on its own                 its own initiative, the Commission shall fix, on the
   account by an inspectorate appointed by it.'                         basis of the information available, the date on which,
4. Article 7 (1) is replaced by the following:                          for a stock or group of stocks, the catches subject to
                                                                        quantitative limitation made by the fishing vessels
   '1.     Whithout prejudice to Article 6, the skipper of a            flying the flag of, or registered in, a Member State
   fishing vessel flying the flag of, or registered in, a               are deemed to have exhausted the quota, allocation or
   Member State who:                                                    share available.'
   — tranships to another vessel ("the receiving vessel")
        any quantities of catches of a stock or group of            9. Article 12 (4) (a) is replaced by the following:
        stocks subject to a TAC or quota irrespective of                '(a) To that end, officials authorized by the
        the place of landing, or                                             Commission shall be entitled to be present, as
   — directly lands such quantities outside Community                        deemed necessary by the Commission, at
        territory,                                                           inspections and monitoring carried out by
                                                                             national departments. The Commission shall
   shall at the time of the transhipment or of the landing
                                                                             establish appropriate contacts with Member
   inform the Member State whose flag his vessel is
                                                                             States with a view, wherever possible, to
   flying or in which his vessel is registered of the species
                                                                             establishing a mutually acceptable programme of
   and quantities involved and of the date of transfer or
                                                                             inspection and monitoring. Member States shall
   of landing and of the location of catches by reference
                                                                             cooperate with the Commission in the fulfilment
   to the smallest zone for which a TAC or quota has
                                                                             of this task. If it is not possible to establish a
   been fixed and administered. If the catches have been
                                                                             mutually acceptable programme and also during
   made in waters under the sovereignty or jurisdiction
                                                                             the course of inspection or monitoring, the
   of third countries, this information must be indicated
                                                                             Commission shall have the right to indicate
   separately by reference to the waters of each of the
                                                                             when, where and in what manner inspection or
   third countries concerned.'
                                                                             monitoring shall be carried out. However, where
5. Article 7 (4) is deleted.                                                 inspection at sea or from the air is concerned, in
                                                                             duly substantiated cases where the relevant
6. The first subparagraph of Article 9(1) is replaced by                     national departments must carry out other
   the following:                                                            priority tasks relating to, in particular, defence,
   '1.     Member States shall ensure that all landings by                   security or customs inspections, the authorities of
   fishing vessels flying the flag of, or registered in, a                   the Member State shall retain the right to defer
   Member State of stocks or groups of stocks subject to                     or redirect inspection operations at which the
   TACs or quotas are recorded. For this purpose,                            Commission intends to be present; in such
   Member States may require that the first placing on                       circumstances the Member State shall cooperate
   the market be made by sale by public auction.'                            with the Commission in making alternative
                                                                             arrangements.'
7. The following paragraph is added to Article 9:
   '4.     Each Member State shall keep, or cause to be
                                                                                               Article 2
   kept, records by vessel of individual landings and of
   the related first sales and shall ensure that the                This Regulation shall enter into force on the first day of
   notifications to the Commission referred to in                   the month following the month of its publication in the
   paragraph 2 may be followed back to the original                 Official Journal of the European Communities.
   source documents which shall be held for a period of
   five years from the beginning of the year following              This Regulation shall be binding in its entirety and
   the year in which the related landings were made.'               directly applicable in all Member States.