CELEX: 51992PC0392
Language: en
Date: 1992-09-30
Title: Proposal for a COUNCIL REGULATION (EEC) establishing a control system applicable to the common fisheries policy

29. 10 . 92                           Official Journal of the European Communities                                No C 280 / 5
                                                             II
                                                     (Preparatory Acts)
                                                COMMISSION
             Proposal for a Council Regulation (EEC) establishing a control system applicable to the
                                                  common fisheries policy
                                                       (92 /C 280 /04)
                                                    COM(92) 392 final
                                     (Submitted by the Commission on 1 October 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         vation and resource management measures , structural
                                                                  measures and measures on the common organization of
                                                                  the market, and certain provisions to deal with failure to
                                                                  carry out the abovementioned measures, and must apply
Having regard to the Treaty establishing the European             right across the whole of the seafood industry from the
Economic Community and in particular Articles 42 and              producer to the consumer ;
43 thereof,
                                                                  Whereas application of this system can achieve the
                                                                  desired result only if the industry recognizes its justifi­
Having regard to the proposal from the Commission,                cation and the need for it ;
Having regard to the opinion of the European                      Whereas , whilst monitoring is first and foremost the
Parliament,                                                       responsibility of Member States, only the Commission
                                                                  can ensure the effectiveness and fairness of the steps
                                                                  taken by the Member States with regard to the level of
                                                                  the monitoring and the prevention of infringements ;
Having regard to the opinion of the Economic and
Social Committee ,
                                                                  Whereas experience gained in the application of Council
                                                                  Regulation (EEC) No 2241 / 87 establishing certain
                                                                  control measures for fishing activities ('), as amended by
Whereas, pursuant to Article 8 of Council Regulation              Regulation (EEC) No 3483 / 88 (2), has shown that there
(EEC) No        /. . establishing a Community system for          is a need to strengthen control of the application of the
fisheries and aquaculture, the Council must introduce a           rules governing conservation of fishery resources ;
Community control system ;
                                                                  Whereas compliance with measures for the conservation
                                                                  and management of fishery resources requires an
Whereas the success of the common fisheries policy                increased sense of responsibility on the part of all
involves implementing an effective system of control              operators in the fishing industry ;
covering all aspects of the policy;
Whereas , to achieve this aim, such a system must                 0) OJ No L 207 , 29 . 7 . 1987, p. 1 .
therefore include rules for the monitoring of conser­             (2) OJ No L 306 , 11 . 11 . 1988 , p. 2 .
 ---pagebreak--- No C 280 /6                                 Official Journal of the European Communities                                 29 . 10 . 92
Whereas the policy on the management of fishery                       whereas this information requires a logbook to be kept
resources , which is based in particular on total allowable           by each skipper of a fishing vessel ;
catches (TACs) and quotas and technical measures, must
be supplemented by management of the fishing effort,
which involves monitoring fishing activities and ca­
pacities ;
                                                                      Whereas it is essential to confirm or clarify at the time of
                                                                      landing the information contained in the logbook;
                                                                      whereas to this end those involved in the landing and
Whereas , to ensure that all catches and landings are                 marketing of catches should declare the quantities
monitored, the Member States must monitor, in all                     landed, transshipped and placed on sale , and the quan­
maritime waters , the activities of Community vessels and             tities transported prior to first sale should be specifically
all related activities whose inspection would allow verifi­           registered at the port of landing ;
cation of the implementation of the rules concerning the
common fisheries policy ;
                                                                      Whereas the information contained in the landing, trans­
Whereas implementation of the common fisheries policy                 shipment and sale declarations is the basis for appro­
necessitates measures to monitor vessels flying the flag of           priate measures to manage resources closely ; whereas it
a third country present in Community waters, and in                   is therefore essential that the Member States carefully
particular a system for communicating their movements                 verify the accuracy of this information, in particular by
and the species held on board ;                                       comparing the various documents ;
Whereas it may prove necessary to limit directly the
activity of vessels or their geographical deployment in
                                                                      Whereas     the   catch limits   must be    administered     at
particular fisheries ; whereas satellite surveillance is an
appropriate solution ;                                                 Member State and Community level ; whereas the
                                                                       Member States should therefore register all landings and
                                                                       notify them to the Commission ; whereas , to this end , it
                                                                       may be necessary to require the first placing on the
                                                                       market of certain vulnerable species to be by sale at
Whereas the installation of a continuous position-finding              public auction ;
system for fishing vessels must be done progressively
hereafter, taking into account technological changes
required to implement the system ;
                                                                      Whereas it is also important to be prepared for the date
                                                                       on which a TAC or quota is exhausted ; whereas the
Whereas detailed information on catches , including                    Member States must accordingly send the Commission a
discards, is required to manage the TACs and quotas                    consumption forecast for the stocks or groups of stocks
regarding the species listed in Annex II to Commission                 subject to TACs or quotas ; whereas delay in sending the
Regulation (EEC) No 2166/ 83 establishing a licensing                  information may not enable the stock or stocks subject
system for certain fisheries in an area north of Scotland              to TACs or quotas to be satisfactorily managed ; whereas
 (Shetland area) (*) and to comply with the minimum                    the Commission should therefore be authorized to halt
sizes laid down in Council Regulation (EEC) No                         fishing as a precaution when it considers that the quota,
 3094/ 86 laying down certain technical measures for the               allocation or share available to the Member States
conservation of fishery resources (2), as last amended by              concerned is likely to be exhausted ;
 Regulation (EEC) No 345 /92 (5), and those laid down in
 Regulation (EEC) No 1866/ 86 laying down certain
measures for the conservation of fishery resources in the
waters of the Baltic Sea, the Belts and the Sound (4), as
 last amended by Regulation (EEC) No 2156/91 (5);
                                                                       Whereas , in order to ensure the conservation ana
  ') OJ No  L 206 , 30 . 7 . 1983 , p. 71 .                            management of all the resources used, the provisions
  2) OJ No  L 288 , 11 . 10 . 1986 , p. 1 .                            relating to the logbook, the landing and sales declar­
  5) OJ No  L 42, 18 . 2 . 1992, p. 15 .                               ations and the information concerning transshipments
  4) OJ No  L 162, 18 . 6 . 1986 , p. 1 .                              and registration of catches should be extended to stocks
  s) OJ No  L 201 , 24 . 7 . 1991 , p. 1 .                             which are not subject to a TAC or quota ;
 ---pagebreak---  29 . 10 . 92                           Official Journal of the European Communities                               No C 280 / 7
 Whereas the Member States must be informed of the                 these measures apply ; whereas, therefore, it is vital that
 results of the activities of their vessels in waters under        each Member State carry out, in addition to the financial
 the jurisdiction of a non-member country or in inter­             checks already provided for in Community rules,
 national waters ; whereas the skippers of these vessels           technical checks to ensure that the provisions set by the
 should accordingly be subject to the obligations relating         Council are complied with ;
 to the logbook and the landing and transshipment
 declarations ; whereas the information gathered by the
 Member States should be sent to the Commission ;
                                                                   Whereas the Commission, in order to fulfil its duty of
                                                                   supervising the operations of the national inspection
 Whereas the fast and efficient processing of information          agencies, must be able to organize its inspection visits
 relating to catches requires the use of computer tech­            freely and to guarantee its agents sufficient autonomy
 nology ; whereas the Commission must have access by               from the national administrations ;
 computer transmission to this information so as to carry
 out its supervisor)' duties ; whereas the confidentiality of
 the corresponding information must be ensured ;
                                                                   Whereas the action taken on infringements differs from
                                                                   one Member State to another, causing fishermen to feel
                                                                   unfairly treated ; whereas the absence of dissuasive
 Whereas compliance with the provisions relating to the            penalties in certain Member States reduces the effec­
 use of fishing gear cannot be adequately ensured where            tiveness of controls ; whereas, in the light of these obser­
 nets of different mesh sizes are carried ; whereas the
 monitoring provisions adopted to this end cannot,
                                                                  vations, the Member States should take all the necessary
                                                                   non-discriminatory measures to guard against and
 however, be applied to vessels which also fish outside
 Community waters where different mesh sizes are
                                                                  prosecute irregularities, particularly by establishing a
                                                                   system of minimum penalties which effectively deprive
 permitted ;                                                      the wrong-doer of the commercial gain resulting from
                                                                  the infringement ;
Whereas it is necessary that, if the fishermen of a
 Member State have exhausted a quota allocated to that
 State or if the TAC is used up , the obligation to prohibit      Whereas administrative procedures allow infringements
fishing should be the subject of a Commission decision ;          to be dealt with quickly ; whereas the application of penal
                                                                  sanctions varies from one Member State to another ;
                                                                  whereas the Member States should accordingly introduce
Whereas harm to the conservation and management of                into their range of legal measures provisions for the
fishery resources is caused in all circumstances where a          effective and dissuasive suppression of infringements ;
Member State fails to respect its allocated quota ;
whereas a system of penalties in respect of the Member
State concerned should therefore be provided for ;
                                                                  Whereas the possibility for the Member State of regis­
                                                                  tration to ensure that the rules on the conservation and
Whereas certain fisheries cannot be managed by moni­              management of fishery resources are observed is reduced
toring catches alone ; whereas they should therefore be           where the Member State of landing does not effectively
subject to a licensing system ; whereas the implemen­             prosecute irregularities ; whereas provision must therefore
tation of such systems involves in particular the estab­          be made to count catches made illegally against the
lishment of a procedure to communicate the positions              quota of the Member State of landing if that State has
and movements of vessels ;                                        not brought effective proceedings ;
Whereas , where a vessel has not complied with a conser­          Whereas the grant of aid should be dependent upon
vation rule , it must be subject to additional precautionary      compliance with national and Community legislation on
control measures ;                                                fisheries ; whereas at the same time authorization should
                                                                  be established at Member State and Community level so
                                                                  that national or Community aid could be suspended ,
Whereas the main aim of the common fisheries policy is            reduced, cancelled or no longer paid out where the legis­
to adjust fishing capacities to available resources ;             lation is not complied with ;
whereas Article 7 of Regulation ( EEC) No ..../...
establishing a Community system for fisheries and aqua­
culture stipulates that it is the duty of the Council to set
the objectives and strategies for the restructuring of            Whereas the Member States should report regularly to
fishing efforts ; whereas , it is necessary that compliance       the Commission on their inspection activities and on the
with the measures on the common organization of the               measures taken as regards infringements of Community
market is assured , in particular by the persons to whom          measures ;
 ---pagebreak--- No C 280 / 8                           Official Journal of the European Communities                                29 . 10 . 92
Whereas, in order to facilitate implementation of the                                      TITLE I
planned provisions, a procedure establishing close
cooperation between the Member States and the                    Inspection and monitoring of fishing vessels and their
                                                                                           activities
Commission in a management committee should be
adopted ;                                                                                  Article 2
Whereas detailed rules for the application of certain             1 . In order to ensure compliance with all the rules in
measures laid down in this Regulation should be                  force concerning conservation and control measures,
adopted ;                                                        each Member State shall, within its territory and within
                                                                 maritime waters subject to its sovereignty or jurisdiction ,
                                                                 monitor fishing activity and related activities . It shall
Whereas this Regulation should not affect the national           inspect fishing vessels and all activities whose inspection
provisions on monitoring which fall within its scope and         would enable verification of the implementation of this
which go beyond its minimum provisions, provided that            Regulation, including the activities of landing, selling,
they are in conformity with Community law;                       transporting and storing fish and recording landings and
                                                                 sales .
Whereas, for reasons of clarity, Regulation (EEC) No
2241 / 87 should therefore be replaced,
                                                                 2. Fishing vessels flying the flag of a third country and
                                                                 sailing in maritime waters subject to the sovereignty or
                                                                 jurisdiction of a Member State shall be subject to a
HAS ADOPTED THIS REGULATION :
                                                                 system of communication of movements and of catches
                                                                 held on board .
                           Article 1
1 . In order to ensure compliance with all the rules             Member States shall notify the Commission of the
concerning the common fisheries policy, a Community              measures taken to ensure compliance with these
system is hereby established including in particular             procedures .
provisions for the technical monitoring of :
— conservation and resource management measures,                 3.      Each Member State shall monitor, outside the
                                                                 maritime waters subject to its sovereignty or jurisdiction ,
                                                                 the fishing activities of vessels flying its flag in cases
— structural measures ,                                          where such control is required to ensure compliance with
                                                                 Community rules applicable in those waters.
— measures concerning the common organization of
    the market,
                                                                 4 . In order to ensure that inspection is as effective and
as well as certain provisions relating to the penalties to       economical as possible , Member States shall coordinate
be applied in cases where the abovementioned measures            their monitoring activities. To that end they may set up
are not observed .                                               joint inspection programmes to allow the inspection of
                                                                 fishing vessels flying the flag of a Member State in the
                                                                 waters referred to in paragraphs 1 and 3 . They shall take
2.    Each Member State shall adopt, in accordance with          measures to permit their competent authorities and the
Community rules, appropriate measures to ensure the              Commission to be regularly informed on a reciprocal
effectiveness of the system. It shall place sufficient means     basis of the experience gained .
at the disposal of its competent authorities to enable
them to perform their task of inspection and control as
laid down in this Regulation .                                                             Article 3
3.    The system shall apply to all fishing activities and        1 . In order to improve the effectiveness of surveillance
to all associated activities carried out within the territory    of fishing activities, a continous position monitoring
and within the maritime waters subject to the sovereignty        system, either land or satellite based and using satellite
or jurisdiction of the Member States ; it shall also apply       communications for data transmission , shall be installed
to the activities of fishing vessels flying the flag of          for fishing vessels before 31 December 1995 .
Member States which operate in the waters of
non-member countries and on the high seas , without
prejudice to the special provisions contained in fisheries       To that end all fishing vessels of an overall length
agreements concluded between the Community and                   greater than 10 metres and flying the flag of, or
non-member countries or in international conventions .           registered in, a Member State must be fitted, before
 ---pagebreak--- 29 . 10 . 92                            Official Journal of the European Communities                               No C 280 /9
31 December 1995 , with equipment enabling them to                                            Article 5
communicate by satellite, to a designated control centre,
their geographical position determined to a minimum               In accordance with the procedure laid down in Article
accuracy of 100 metres, their speed and their course.             39, detailed rules may be adopted for the implementation
                                                                  of Articles 2 , 3 and 4, concerning in particular :
2 . The Member State whose flag a vessel is flying or             (a) the identification of officially designated inspectors,
in which a vessel is registered shall take the necessary               of inspection vessels and of such other like means of
measures to ensure that the data transmitted by its                    inspection as may be used by a Member State ;
fishing vessels are recorded in computer-readable form,
regardless of the waters in which they are operating or
the port they are in .                                            (b) the procedure to be used by inspectors and skippers
                                                                       of fishing vessels if an inspector wishes to board a
                                                                       vessel ;
Where its fishing vessels are operating in waters subject
to the sovereignty or jurisdiction of another Member
State, the flag Member State shall ensure immediate               (c) the procedure to be used by inspectors, having
communication of these data to the competent auth­                     boarded a fishing vessel, in inspecting that vessel, its
orities in the Member State concerned .                                gear or its catches ;
                                                                  (d) the report to be drawn up by inspectors after each
3 . The data gathered pursuant to this Article may not                 boarding ;
be used for any purpose other than that for which they
are requested .
                                                                  (e) the marking and identification of fishing vessels and
                                                                       their gear ;
The Commission, the Member States' competent auth­
orities and officials and other agents are obliged not to         (f) the certification of the characteristics of fishing
divulge the data they gather pursuant to this Article and              vessels related to fishing activities ;
which are, by their nature, covered by business confiden­
tiality.
                                                                  (g) the recording of data relating to the position of
                                                                       fishing vessels and the transmission of such data to
4.     Each Member State shall ensure that the data                    the Member States and the Commission ;
recorded in accordance with paragraph 2 is stored on
computer for a period of three years, commencing at the           (h) the system for communicating movements and
start of the year following that in which it is recorded, so           fishery products held on board, applicable to fishing
that they can be checked.                                              vessels flying the flag of a third country.
5 . The obligations described in paragraph 1 shall not                                       TITLE II
apply to fishing vessels flying the flag of, or registered in,
a Member State which are making a trip not exceeding                                  Monitoring of catches
24 hours, measured from the time of departure from port
to the time of return to port.                                                                Article 6
                                                                   1 . Skippers of fishing vessels flying the flag of, or
                                                                  registered in, a Member State and fishing for a stock or
                           Article 4                              group of stocks subject to TACs or quotas shall keep a
                                                                  logbook of their operations indicating the quantities of
 1.    In carrying out the task conferred on them,                each species caught and held on board, the date and
Member States shall ensure that the provisions and                location of such catches by reference to the smallest
measures referred to in Article 2 are complied with.              zone for which a TAC or quota has been fixed, and the
Moreover, they shall act in such a way as to avoid undue          type of gear used .
interference with normal fishing activities. They shall
also ensure that there is no discrimination as regards the
sector and vessels chosen for inspection.                         2 . Skippers of fishing vessels flying the flag of, or
                                                                  registered in, a Member State and fishing for species
                                                                  subject to the minimum sizes defined by Regulation
2 . The persons responsible for the fishing vessels               (EEC) No 3094 / 86 or Regulation (EEC) No 1866 / 86,
inspected shall cooperate in facilitating inspections             must record in their logbook the quantities of each
carried out in accordance with paragraph 1 .                      species caught and held on board and the date and
 ---pagebreak--- No C 280 / 10                         Official Journal of the European Communities                               29 . 10 . 92
location of the catches by reference to the zone or             representative shall submit to the authorities of the
geographical region for which the minimum size has              Member State whose landing facilities he is using a
been fixed .                                                    declaration on landing after each trip .
                                                                Skippers of vessels flying the flag of, or registered in, a
3 . Skippers of fishing vessels flying the flag of, or          Member State and whose length overall is less than , or
registered in, a Member State and fishing for species           equal to, 10 metres may be exempted from this obli­
listed in Annex II to Regulation (EEC) No 2166 / 83             gation.
must record in their logbook the quantities of each
species caught and held on board and the date and               4 . The declarations referred to in paragraphs 2 and 3
location of the catches by reference to the zone or             shall contain as a minimum the following information :
geographical region for which the list of species in the
above Annex II has been fixed .
                                                                — the name of the skipper and the external identifi­
                                                                     cation and name of the fishing vessel which has
4. Skippers of fishing vessels must record in their                  landed the products in question,
logbooks the quantities caught and discarded at sea, the        — the name of the vessel's owners ,
date and location of the catches and the main species
involved .
                                                                — the port and date of landing,
5 . The obligations described in paragraphs 1 to 4 shall        — the dates and times of the fishing trip ,
not apply to the skippers of fishing vessels whose overall
length is less than, or equal to, 10 metres and flying the      — the description , presentation and weight of all the
flag of, or registered in, a Member State. However, the              species ,
Commission may for biological reasons decide, in
accordance with the procedure laid down in Article 39 ,         — the catch areas , by reference to the zone defined in
not to apply the aforementioned exemption to certain                 paragraphs 1 to 3 of Article 6 .
categories of fishing vessel .
                                                                5 . The declarations referred to in paragraphs 2 and 3
                                                                shall be notified by the authorities of the State receiving
6 . Skippers of fishing vessels must record the data            them to the competent authorities of the Member State
referred to in paragraphs 1 to 4 on paper or in                 whose flag the vessel is flying, or in which it is
computer-readable form .                                        registered , within 48 hours .
                                                                The Member States shall keep a register of the names
                          Article 7                             and addresses of the centres and bodies referred to in
                                                                paragraph 2 .
 1 . The skipper of a fishing vessel flying the flag of, or
registered in , a Member State who wishes to make use of        6 . The persons signing the declarations referred to in
landing locations in another Member State must inform           paragraphs 2 and 3 shall be responsible for their
the competent authorities in that Member State at least         accuracy. They shall keep one copy of the documents
six hours in advance of :
                                                                submitted to the competent authorities for three years
                                                                from the start of the year following that in which the
— the landing location(s) and estimated time of arrival         information submitted to the competent authorities is
     there ,                                                    recorded .
     and                                                         7 . Quantities of species caught which are not declared
                                                                 in accordance with paragraphs 2 to 5 , or any proceeds
                                                                from their sale, shall be confiscated by the competent
— the quantities of each species to be landed.                   authorities in the Member State of landing, without
                                                                prejudice to other applicable penalties .
2 . Public auction centres and bodies designated by
Member States which are responsible for first marketing                                    Article 8
of fishery products landed by vessels flying the flag of,
or registered in, a Member State shall submit a                 The following provisions shall apply without prejudice to
declaration to the competent authorities of the Member           the provisions provided for in fisheries agreements
State in which they are carrying out the operation.              concluded between the Community and certain
                                                                 non-member countries :
3.     For products in respect of which the first sale is       — fishing vessels flying the flag of, or registered in , a
carried out under conditions other than those referred to            third country and which are authorized to carry out
in paragraph 2 , the skipper of the vessel concerned or his          fishing activities in the maritime waters under the
 ---pagebreak--- 29 . 10 . 92                              Official Journal of the European Communities                              No C 280 / 11
     sovereignty or jurisdiction of a Member State shall            The skipper of the receiving vessel shall keep details of
     keep a logbook containing the information described            the quantities of catches of a stock or group of stocks
     in Article 6 ,                                                 subject to a TAC or quota received by transshipment, of
                                                                    the date of receipt, and of the vessel transshipping such
— each Member State shall ensure that the skipper of a              catches to the receiving vessel. This requirement shall be
     fishing vessel flying the flag of, or registered in, a         deemed to be met by retaining copies of the trans­
     third country, or his representative , shall on landing        shipment declaration provided in accordance with the
     submit to the authorities of the Member State whose            detailed rules for recording information on Member
     landing facilities he is using a declaration for the           States ' catches of fish .
     accuracy of which the skipper, in the first instance, is
     responsible , listing the quantities landed and the date
     and location of each catch ,                                   At the end of the transshipment or series of trans­
                                                                    shipments the skipper of the receiving vessel shall
— the skipper of a fishing vessel flying the flag of, or            transmit these details to the competent authorities
     registered in , a third country must notify the                referred to above within 24 hours .
     competent authorities of the Member State whose
     landing facilities he wishes to use at least 72 hours in
     advance of his time of arrival at the port of landing.         The skipper of the receiving vessel shall also keep details
                                                                    of the quantities of catches of a stock or group of stocks
     The skipper may not carry out any landing operation            subject to a TAC or quota which are transshipped by the
     if the competent authorities of the Member State are           receiving vessel to a third vessel , and shall inform the
     not present at the time .                                      competent authorities referred to above of such trans­
                                                                    shipment at least 24 hours before it takes place.
                                                                    Following transshipment, the skipper shall inform the
                             Article 9                              said authorities of the quantities transshipped.
Member States shall take the necessary measures to
verify the accuracy of the information referred to in               The skipper of the receiving vessel and the skipper of the
Articles 6 , 7 and 8 and shall guarantee the Commission             third vessel referred to above shall permit the competent
access to it via computer at any time.                              authorities referred to above to verify the accuracy of the
                                                                    information and details required by this paragraph.
                            Article 10
 1 . "Without prejudice to Article 7, the skipper of a              3.    Member States shall take appropriate measures to
fishing vessel flying the flag of, or registered in, a              verify the accuracy of the information received pursuant
Member State who :                                                  to paragraphs 1 and 2, and shall, where appropriate,
                                                                    inform the Member State or Member States in which the
— transships to another vessel, hereinafter referred to as          receiving vessel and the fishing vessel transshipping to
     'the receiving vessel', any quantities of catches of a         the receiving vessel are registered , or whose flag they are
     stock or group of stocks subject to a TAC or quota             flying, of such information and of the results of verifi­
                                                                    cation .
     irrespective of the place of transshipment,
     or
                                                                    4. Paragraphs 2 and 3 shall also apply to a receiving
— directly lands such quantities outside Community                  vessel flying the flag of, or registered in, a third country.
     territory ,
shall , at the time of the transshipment or of the landing,                                    Article 11
inform the Member State whose flag his vessel is flying,
or in which his vessel is registered , of the species and           Where transshipment or landing is to take place more
quantities involved and of the date of transshipment or             than 15 days after the catch , the information required in
of landing and of the location of catches by reference to           Articles 7 and 10 shall be submitted to the competent
the smallest zone for which a TAC or quota has been                 authorities of the Member State whose flag the vessels
fixed .                                                             are flying or in which the vessels are registered, not later
                                                                    than 15 days after the catch.
2 . At the latest 24 hours before the beginning and at
the end of a transshipment or a series of transshipments,
when this takes place in a port or maritime waters                                             Article 12
subject to the sovereignty or jurisdiction of a Member
State, the skipper of the receiving vessel shall inform the         1.    All quantities landed in a port of a Member State
competent authorities of that Member State of the quan­             by a fishing vessel flying the flag of, or registered in, a
tities of catches of a stock or group of stocks subject to a        Member State which have not been declared pursuant to
TAC or quota on board his vessel .                                  Article 7 (2) and which are transported to a location
 ---pagebreak--- No C 280 / 12                          Official Journal of the European Communities                                 29 . 10 . 92
other than the place of landing, shall be separately             Notifications to the Commission shall indicate the
recorded by the competent authorities in the port of             location of the catches as laid down in Articles 6 and 7
landing. Such records shall contain the following infor­         and the nationality of the fishing vessels concerned .
mation for each transport operation :
— the name and identifying marks of the vessel(s)                Each Member State shall inform the Commission of a
    having landed the quantities in question,                    quota consumption forecast with anticipated date of
                                                                 exhaustion in respect of the species for which the catches
                                                                 made by fishing vessels flying its flag or registered there
— the quantities (in kilograms live weight) of each              are deemed to have exhausted 70 % of the quota , allo­
    species landed and transported and the location of           cation or share available to that Member State .
    the catch by reference to the smallest zone for which
     a TAC or quota has been fixed,
                                                                 Without prejudice to the other provisions of this
— the date of the recording, the identification of the           paragraph Member States shall , where catches of stocks
     means of transport used and the destination of the          or groups of stocks subject to TACs or quotas may reach
    quantities landed .                                          TAC or quota levels, provide the Commission , at its
                                                                 request, with more detailed or more frequent infor­
2.     The skipper or his representative and the competent        mation than this paragraph requires .
control authorities shall be responsible for the accuracy
of the record .
                                                                  2 . The Commission shall keep available to Member
A copy of the record shall accompany the shipment of              States, on computer, the notifications received pursuant
the quantities concerned as far as their arrival at the sale     to this Article .
location .
The shipper shall be responsible for the accuracy of the          3.    Where the Commission finds that a Member State
documents accompanying the shipment.                              has not complied with the deadline for transmitting the
                                                                  data on monthly catches as provided for in paragraph 1 ,
                                                                  it may set the date on which , for a stock or group of
                           Article 13
                                                                  stocks , the catches subject to a quota or other form of
                                                                  quantity restriction and taken by fishing vessels flying the
 1.    Member States shall ensure that all landings by            flag of, or registered in , that Member State shall be
fishing vessels flying the flag of, or registered in, a           deemed to have exhausted 70 % of the quota, allocation
Member State shall be recorded in computer-readable               or share available to that Member State and may set the
form. For this purpose, Member States may require that            estimated date on which the quota, allocation or
the first marketing be by sale at public auction .                available share may be exhausted .
2.     For species which are particularly vulnerable bio­
logically it may be required , in accordance with the             4 . Each Member State shall guarantee storage of the
procedure laid down in Article 39, that the first                 documents and computer databases administered by its
marketing be by sale at public auction.                           competent authorities in accordance with Articles 6 , 7
                                                                  and 10 and the particular detailed rules for the
 3 . Where landings are not placed on the market for              application of those Articles , in such a way as to be able
                                                                  to trace back such data as forms the basis of the notifi­
the first time by sale at public auction, Member States
 shall ensure that the quantities involved are notified to        cation to the Commission referred to in paragraph 1 , for
 the public auction centres or to the bodies designated by        a period of three years from the beginning of the year
such States .                                                     following the year in which the landings concerned were
                                                                  made .
 4.    The Commission shall have access via computer to
 the records referred to in paragraphs 1 , 2 and 3 .
                                                                                           Article 15
                           Article 14                              1 . Without prejudice to Article 14 , the Member State
                                                                  of landing or transshipment shall transmit to the Member
 1.    Before the 15th of each month , each Member State          State concerned data relating to landings or trans­
 shall notify the Commission by computer transmission of          shipments carried out in their ports or in their maritime
the quantities of each stock or group of stocks subject to        waters by fishing vessels flying the flag of, or registered
TACs or quotas landed during the preceding month and              in, that latter Member State and concerning a particular
 shall provide it with any information received pursuant          stock or group of stocks subject to a quota allocated to
 to Articles 1 0 and 1 1 .                                        that Member State .
 ---pagebreak--- 29 . 10 . 92                           Official Journal of the European Communities                            No C 280 / 13
The information shall contain the name and external              2 . For catches made in third-country waters the infor­
identifying marks of the vessel concerned, the quantities        mation notified in accordance with paragraph 1 shall be
of fish in the particular stock or group of stocks landed        broken down by third country and stock and by
or transshipped by that vessel and the date and location         reference to the smallest statistical zone defined for the
of the landing or transshipment.                                 fishery concerned .
It shall be transmitted within four working days of the          Catches made on the high seas shall be notified by
landing or transshipment .                                       reference to the smallest statistical zone defined by the
                                                                 international convention governing the catch location
                                                                 and by species or group of species for all the stocks in
2.     The Member State of landing or transshipment              the fishery concerned .
shall notify the Commission by computer transmission of
this information at the same time as it notifies the
Member State of registration of it.                               3 . The Commission shall keep available to the
                                                                  Member States the information it receives pursuant to
                                                                 this Article .
                          Article 16
In accordance with the procedure laid down in Article                                       Article 19
39, stocks, groups of stocks or species other than those
referred to in Article 6 ( 1 ), (2) and (3 ), may be made         1 . Member States shall carry out regular comparisons
subject to Articles 6 to 15 .                                    relating, inter alia, to :
                          Article 17
                                                                 — the information contained in the logbooks referred to
                                                                      in Articles 6 , 17 and 18 ,
 1 . Without prejudice to the provisions of fisheries
agreements concluded between the Community and third             — the declaration of catches referred to in Articles 7, 17
countries , Member States shall take the necessary                    and 18 ,
measures to ensure monitoring of the catches of species
made by their vessels operating in waters subject to the
sovereignty or jurisdiction of third countries and on the        — the documents relating to the first placing on the
high seas, and to ensure verification and recording of                market of quantities landed referred to in Article 7 ,
transshipments and landings of such catches.
                                                                 — the information contained in the shipment documents
2.     The control and verification measures shall ensure             referred to in Article 12 ,
compliance with the following obligations on the part of
the vessel owners and/ or skippers :                             — the results of the inspections carried out by the
                                                                      competent bodies referred to in Article 2 .
— a logbook shall be kept on board the fishing vessels,
     in which the skippers shall record their catches,
                                                                  2.    Member States shall inform the Commission at its
                                                                  request of the comparison procedures used , the results of
— a landing declaration shall be submitted to the auth­           the comparisons and the action taken , particularly
     orities of the Member State of landing during                measures taken when infringements were discovered .
     landings carried out in Community ports ,
                                                                  The Commission shall have access by computer trans­
— the flag Member State shall be informed of the                  mission without delay to all the information referred to
     details of each transshipment of fish onto third­            in paragraph 1 and to the files drawn up as part of catch
     country fishing vessels and of landings carried out          inspections .
     directly in third countries .
                                                                  3 . Information acquired pursuant to this Article may
                          Article 18                              only be used for the purpose for which it was requested .
 1.    Each Member State shall notify the Commission by
 computer transmission before the end of the first month          The Commission , the competent authorities in the
of each calendar quarter of the quantities caught in the          Member States and officials and other agents are obliged
fishing waters referred to in Article 17 and landed during        not to divulge information acquired pursuant to this
the previous quarter and of all information received              Article which is , by its nature , covered by professional
pursuant to Article 17 (2 ). -                                    secrecy .
 ---pagebreak--- No C 280 / 14                         Official Journal of the European Communities                               29 . 10 . 92
                          TITLE III                             this measure and shall then inform the other Member
                                                                States .
           Monitoring of the use of fishing gear
                                                                3.      Following notification under paragraph 2 or on its
                                                                own initiative, the Commission shall fix, on the basis of
                          Article 20
                                                                the information available , the date on which , for a stock
During a fishing trip no vessel flying the flag of, or          or group of stocks, the catches subject to a TAC , quota
registered in, a Member State may carry nets of different       or other quantitative limitation made by fishing vessels
mesh sizes . However, vessels authorized to fish in the         flying the flag of, or registered in , any Member State are
waters of a third country may carry on board the net or         deemed to have exhausted the quota , allocation or share
nets intended for use in those waters provided that they        available to that Member State or, as the case may be , to
are of a larger mesh size than that used in Community           the Community.
waters .
                                                                When an assessment of the situation as referred to in the
                                                                first subparagraph is made , the Commission shall advise
Where vessels work together using a net hauled between          the Member States concerned of the prospects of fishing
them, the composition of the catches on each of the             being halted as a result of a TAC being exhausted .
vessels must conform to the net on board the vessel with
the smallest mesh size .
                                                                 Fishing vessels flying the flag of, or registered in, a
                                                                 Member State shall cease fishing in respect of a stock or
Unused nets on board vessels must be stowed so that
                                                                of a group of stocks subject to a quota or TAC on the
                                                                 date on which the quota allocated for the stock or group
they may not readily be used and in accordance with the          of stocks in question to that Member State is deemed to
following conditions :                                           have been exhausted or on the date on which the TAC
                                                                 for the species constituting the stock or group of stocks
                                                                 in question is deemed to have been exhausted ; such
(a) nets, weights and similar gear shall be disconnected        vessels shall equally cease retention on board , trans­
     from their trawl boards and towing and hauling
                                                                 shipment, landing or arranging for transshipment or
     wires or ropes ;                                            landing in respect of such catches taken after that date .
(b) nets which are on or above deck shall be securely            4 . When the Commission has , by virtue of the first
     lashed to some part of the superstructure .                 subparagraph of paragraph 3 , halted fishing because of
                                                                 the exhaustion of the TAC , quota, allocation or share
                                                                 available to the Community and it appears to the
                                                                 Commission that a Member State has not exhausted its
                          TITLE rv                               quota, allocation or share of the stock or group of stocks
                                                                 concerned , the following provisions shall apply .
       Regulation and suspension of fishing activities
                                                                 If the prejudice suffered by the Member State for which
                                                                 fishing has been prohibited before its quota was
                          Article 21                             exhausted has not been removed by action in accordance
                                                                 with the procedure laid down in Article 6 (4) of
 1.    All catches of a stock or group of stocks subject to      Regulation (EEC) No . . ./. ., measures shall be adopted
quota made by fishing vessels flying the flag of a               with the aim of remedying, in an appropriate manner,
Member State or registered in a Member State shall be            the prejudice caused , in accordance with the procedure
charged against the quota applicable to that State for the       laid down in Article 39 . These measures may involve
stock or group of stocks in question , irrespective of the       making deductions from the quota, allocation or share of
place of landing.                                                the Member State which has overfished , the quantities so
                                                                 deducted to be allocated appropriately to the Member
                                                                 States whose fishing activities were halted before their
 2.    Each Member State shall determine the date from           quotas were exhausted . These deductions and the
which the catches of a stock or group of stocks subject          consequent allocations shall be made taking into account
to quota made by the fishing vessels flying its flag or          as a matter of priority the species and zones for which
 registered in that Member State shall be deemed to have         the annual quotas , allocations or shares were fixed .
exhausted the quota applicable to it for that stock or           These deductions or allocations may be made during the
group of stocks . As from that date , it shall provisionally     year in which the prejudice occurred or in the
prohibit fishing for that stock or group of stocks by such       succeeding year or years .
vessels as well as the retention on board , the trans­
shipment and the landing of fish taken after that date           Detailed rules for the application of this paragraph , and
 and shall decide on a date up to which transshipments            in particular for determining the quantities concerned ,
 and landings or final declarations of catches are                shall be adopted in accordance with the procedure laid
permitted . The Commission shall be notified forthwith of         down in Article 39 .
 ---pagebreak--- 29 . 10 . 92                             Official Journal of the European Communities                           No C 280 / 15
                           Article 22                              or within the maritime waters of another Member State
                                                                   or a third country only if the vessel has on board a
1 . This Article shall apply to fishing activities by              document certified by the Member State of registration
vessels flying the flag of, or registered in, a Member             and stating that it has inspected the boat within the last
State if that Member State makes such activities subject           two months .
to a licensing system and :
(a) informs the Commission and the other Member                    The Member State of registration shall inform the
                                                                   Commission and the other Member States of the name
     States of the activities in question ,
                                                                   and external identifying marks and numbers of the vessel
                                                                   on which the said additional control measures have been
(b) immediately upon issuing a licence informs the                 imposed and of the quota concerned .
     Commission and the other Member States of the
     name and external identifying marks of the licensed
     vessel , and                                                  2.     A vessel subject to additional control measures as
                                                                   referred to in paragraph 1 shall be prohibited from
(c) immediately informs the Commission and the other               landing or transshipping catches subject to the quota
     Member States of the suspension or withdrawal of              concerned in a port or within the maritime waters of a
     such a licence .                                              Member State other than the Member State of regis­
                                                                   tration or of a third country unless the certified
                                                                   document referred to in the first subparagraph of
2 . The catching, retention on board, transshipment or             paragraph 1 is on board the vessel .
landing of fish shall be prohibited unless the vessel is
licensed for such activities and the licence has not been
withdrawn or suspended .                                                                    Article 25
                                                                   When the Commission has , by virtue of Article 21 (3),
                           Article 23                              halted fishing because of the exhaustion of the quota,
                                                                   allocation or share available to a Member State and it
1 . Skippers of fishing vessels flying the flag of, or             appears to the Commission that that Member State has
registered in, a Member State in which fishing activities          exceeded its quota, allocation or share of the stock or
are subject to a Community licensing system shall ensure           group of stocks concerned , the Commission shall, in
that the competent inspection authorities are notified of:         accordance with the procedure laid down in Article 39 ,
                                                                   adopt measures based on the following principles :
— each entry into and departure from the zone for
     which the licence is issued ,
                                                                   (a) deductions shall be made from the annual quota,
                                                                        allocation or share of the Member State which has
— each entry into and departure from a port situated                    overfished ;
     within the abovementioned zone .
                                                                   (b) such deductions shall correspond to the quantities
2.    Where       its licence    has   been    suspended    or          caught in excess of the allocation plus a penalty
withdrawn, a fishing vessel flying the flag of a Member                 coefficient fixed on the basis of the following
State for which the licence was issued shall cease to
                                                                        parameters :
retain on board or to land the species covered by the
licence .
                                                                        — the degree of overfishing,
                           Article 24
                                                                        — any cases of overfishing in previous years,
1 . Where a fishing vessel flying the flag of, or
registered in, a Member State and registered in that
Member State has seriously or repeatedly failed to                      — the biological status of the stock concerned.
comply with the rules concerning conservation, the
technical measures or the control measures adopted by
the Community or by that Member State under Article 6                   These deductions shall be made taking into account
(2) of Regulation (EEC) No               or Article 40 of this          as a matter of priority the species and zones for
Regulation, the Member State concerned shall subject                    which the annual quotas, allocations or shares were
the vessel in question to additional control measures                   fixed. These deductions may be made during the
providing that, for a maximum of one year from the                      year in which the overfishing occurred or in the
recording of the infringement, catches from a stock or                  succeeding year or years and may relate to the
group of stocks subject to a quota allocated to that                    species concerned and/or other species fished in a
Member State may be landed or transshipped in a port                    similar manner.
 ---pagebreak---  No C 280 / 16                            Official Journal of the European Communities                                 29 . 10 . 92
                             TITLE V                                 (a) verification of the engine power of fishing vessels ;
 Inspection and monitoring of certain measures to
 improve and adjust structures in the fisheries sector,              (b) verification of the registered tonnage of fishing
                      including aquaculture                              vessels :
                            Article 26
                                                                     (c) verification of the period during which a fishing
 In order to ensure compliance with the objectives and                   vessel is immobilized ;
 strategies set by the Council in accordance with Article 7
 of Regulation (EEC) No . . . ./92 , in particular the quan­
 titative objectives concerning the fishing capacity of the          (d) verification of the specifications of fishing gear and
 Community fleets and the adjustment of their activities,                their number per fishing vessel.
 each Member State shall organize regular checks, in its
 territory and within the maritime waters under its sover­
 eignty or jurisdiction, of all persons concerned by the
                                                                    2.     Member      States    shall   communicate    to     the
 implementation of the abovementioned objectives.
                                                                    Commission without delay information on the verifi­
                                                                    cation methods used together with the names and
                            Article 27                              addresses of the bodies responsible for carrying out the
                                                                    verification .
 1 . Each Member State shall adopt provisions to verify
 the implementation of the objectives referred to in
 Article 26. To that end , it shall carry out technical
 controls , particularly in the following areas :                                              Article 29
                                                                    The Commission may, where a Member State fails to
 (a) restructuring, renewal and modernization of the                comply with the objective referred to in Article 2 (2) (a)
      fishing fleet ;                                               of Regulation (EEC) No 4028/86 ('), restrict the number
                                                                    of days at sea authorized for certain categories of vessel
 (b) adaptation of fishing capacity by means of temporary           flying the flag of, or registered in, that Member State.
      or definitive cessation ;                                     Where the objective was defined by fishery or group of
                                                                    fisheries the restrictions shall apply to the fleets
                                                                    concerned .
 (c) restriction of the activity of certain fishing vessels ;
 (d) restriction of the design and number of fishing gear           Such restrictions must at least offset the amount by
      and of the method by which it is used, in particular          which the objective was exceeded, as laid down in the
      nets ;
                                                                    programme approved by the Commission pursuant to
                                                                    Article 4 of Regulation (EEC) No 4028 / 86 .
 (e) development of the aquaculture industry and coastal
      areas .
                                                                                               TITLE VI
2.      Member States shall notify the Commission without
delay of the provisions and control methods adopted in
accordance with paragraph 1 .                                       Inspection and monitoring of certain measures
                                                                    concerning the common organization of the market in
                                                                                           fishery products
3 . If it appears to the Commission that a Member
State has not complied with the provisions of paragraph
 1 it may decide on the means to be employed to oblige
                                                                                               Article 30
the Member State to comply.
                                                                    1 . In order to ensure compliance with the technical
4 . The decision referred to in paragraph 3 shall be                aspects of the rules regarding the measures defined in
taken in accordance with the procedure laid down in                 Council Regulation (EEC) No 3687 /91 (2), each
Article 39 . It shall be addressed to the Member State              Member State shall organize on its own territory regular
concerned .                                                         checks of all persons involved in the application of the
                                                                    measures .
                            Article 28
1 . Detailed rules for the application of Article 27 may
be adopted in accordance with the procedure laid down               o OJ No L 376, 31 . 12 . 1986, p. 7.
in Article 39, particularly regarding :                             O OJ No L 354, 23. 12. 1991 , p. 1 .
 ---pagebreak--- 29 . 10 . 92                          Official Journal of the European Communities                             No C 280 / 17
2 . The checks shall concern the technical aspects of           During land, sea or air inspections the checks effected by
applying :                                                      the authorized officials may concern the following in
                                                                particular :
(a) the marketing standards, and in particular minimum
     sizes ;                                                    — fishing activities and any connected activity by fishing
                                                                    vessels ,
(b) the price arrangements, in particular :
                                                                — books and other professional documents, including
     — withdrawal of products from the market for                   the taking of copies,
          purposes other than human consumption,
                                                                — computerized data,
     — storage and/or processing of products withdrawn
          from the market.
                                                                — fishing gear and quantities caught and held on board,
Member States shall carry out comparisons between the
documents relating the first placing on the market of the       — premises where an activity governed by Community
quantities referred to in Article 7 and the quantities              rules is carried out,
landed referred to by the documents , particularly as
regards their weight.
                                                                — compliance with structural measures under the
                                                                    common fisheries policy, including the technical
3 . Member States shall notify the Commission of                    conditions under which operations financed by the
information relating to the control measures adopted,               Community budget are implemented and verified ,
the competent control authorities, the type of
infringements discovered and the action taken.
                                                                — compliance with provisions relating to the common
                                                                    market organization.
                          TITLE VII
                                                                Officials of the Member State involved may participate
       Implimentation and verification of monitoring            in the checks .
                          Article 31                            4 . Member States shall cooperate with the
                                                                Commission, at its request, in the fulfilment of its task.
1 . Member States shall provide the Commission with             They shall in particular take the necessary measures to
such information as it may request on the implemen­             ensure that inspection missions organized by the
tation of this Regulation. In submitting a request for          Commission are not subjected to publicity injurious to
information, the Commission shall specify the time limit        the quality of the inspection and control operations .
within which the information is to be supplied.
                                                                Where     the   Commission     or  its  authorized  officials
2 . If the Commission considers that irregularities have        encounter difficulties in the execution of their duties, the
occurred in the implementation of this Regulation or            Member State concerned shall provide the Commission
that the existing monitoring provisions and methods are         with the means to accomplish its task.
not effective it shall inform the Member State or States
concerned, which shall then conduct an administrative
enquiry in which Commission officials may participate.          However, where sea or air inspection is concerned, in
                                                                duly substantiated cases where the relevant national
The Member State or States concerned shall inform the           departments must carry out other priority tasks relating
Commission of the progress and results of the enquiry           to, in particular, defence , security or customs inspection,
and provide the Commission with a copy of the report of         the authorities of the Member State shall retain the right
the enquiry and the main data used in the preparation of        to defer or redirect inspection operations as referred to
the report.                                                     in paragraph 3 ; in such circumstances the Member State
                                                                shall cooperate with the Commission in making
                                                                alternative arrangements .
3.     Without prejudice to the monitoring carried out by
Member States in accordance with national laws , regu­
lations and administrative provisions, and to ensure that       5 . In the case of sea or air inspections the commander
Member States comply with this Regulation, the                  of the vessel or aircraft shall be in sole charge of the
Commission may verify its application on the spot.              operations, taking account of the obligation on the part
                                                                of his authorities to apply this Regulation. The officials
Checks carried out by the Commission within its powers          authorized by the Commission shall abide by the rules
shall be effected by the Commission's officials .               and practices laid down by the commander.
 ---pagebreak--- No C 280 / 18                           Official Journal of the European Communities                                29 . 10 . 92
6. (a) In the event that officials authorized by the              — temporary immobilization of the vessel ,
       Commission discover apparent infringements of
       the Community rules referred to Article 1 , the            — suspension of the licence,
        Commission shall       inform the Member State
       thereof without delay by means of a report. The            — withdrawal of the licence .
        Member State shall take all action called for by
        the report.
                                                                  4. The provisions of this Article shall not prevent the
   (b) Without prejudice to the provisions of paragraph           Member State of landing or transshipment from trans­
        (a), officials authorized by the Commission may,          ferring prosecution of an infringement to the competent
        on discovering an apparent infringement during             authorities of the Member State of registration with the
        inspections, inform the competent authorities of          agreement of the latter and on condition that the
        the Member State concerned without delay so               transfer is more likely to achieve the result referred to in
        that they may investigate the infringement and            paragraph 2 . The Commission shall be notified of any
        carry out any further enquiries needed to establish       such transfer by the Member State of landing or trans­
        the action to be taken .                                  shipment.
                                                                                            Article 33
7.    The Member States responsible for prosecuting
infringements shall give equal weight to reports drawn             1 . Where an infringement of the provisions of Articles
up by the competent authorities of another Member                 21 (3), 22 , 23 or 24 is discovered by a competent
State or agents appointed by the Commission as they do             authority, the competent authorities of the Member State
to those drawn up by their own authorities and shall               of landing or transshipment shall initiate proceedings in
follow them up in the same manner.                                 accordance with Article 32 against the skipper of the
                                                                  vessel involved or against any other responsible person .
                          TITLE VIII
                                                                   2 . If the Member State of landing or transshipment is
                                                                   not the Member State of registration and its competent
Measures to be taken in the case of non-compliance with            authorities do not undertake criminal or administrative
                       the rules in force
                                                                   proceedings or do not transfer prosecution in accordance
                                                                  with Article 32 (4), the quantities illegally landed or
                                                                   transshipped may be set against the quota allocated to
                           Article 32                              that former Member State .
1 . Where the competent authorities in a Member State
find that the rules are not being complied with, for              The quantities of fish to be set against that Member
instance after monitoring or inspection carried out                State's quota shall be fixed in accordance with the
pursuant to this Regulation, they shall initiate adminis­          procedure laid down in Article 39 after the Commission
trative or criminal proceedings against the natural or             has consulted the two Member States concerned and , in
legal persons responsible.                                         the case of infringements of Articles 22 , 23 or 24 , after
                                                                   the Member State of registration has so requested .
2.    Such proceedings initiated by the competent auth­            If the Member State of landing or transshipment no
orities of the Member States must be liable, in                    longer has a corresponding quota at its disposal, Article
accordance with the relevant provisions of national legis­         21 (4) shall apply mutatis mutandis and the quantities of
lation, to lead to a penalty which shall result in deterrent       fish illegally landed or transshipped are deemed to be
financial and/or economic consequences for the parties             equivalent to the amount of the prejudice suffered, as
concerned as well as the elimination of any financial              mentioned in that Article, by the Member State of regis­
profit from the infringement.                                      tration .
3 . Without prejudice to national law, the Member                                           Article 34
States shall take all necessary measures to arrive at the
result referred to in paragraph 2, which may be,                    1 . The competent authorities of the Member State of
depending on the gravity of the offence :                          landing or transshipment shall without delay notify the
                                                                   Commission and the flag Member State or the Member
                                                                   State of registration of any infringement of the
— fines,                                                           Community rules referred to in Article 1 , indicating the
                                                                   name and the identification marks of the vessel involved ,
— seizure of prohibited fishing gear and catches,                  the names of the skipper and the owner, the circum­
                                                                   stances of the infringement, any criminal or adminis­
                                                                   trative proceedings or other measures taken and any
— sequestration of the vessel,                                     legal ruling relating to such infringement.
 ---pagebreak---   29 . 10 . 92                         Official Journal of the European Communities                          No C 280 / 19
  2 . Following a notified administrative or legal ruling         3. The Commission shall provide the Member States
  or any other case of discovery of an infringement noted         with a summary of the information received in
  in an inspection report drawn up by the competent auth­         accordance with paragraphs 1 and 2.
 orities of a Member State of landing or transshipment or
  by officials authorized by the Commission, the flag
  Member State or the Member State of registration shall                                   TITLE IX
 take all suitable measures as set out in Article 32 (3) to
 achieve the result referred to in paragraph 2 of that                                General provisions
 Article .
 The flag Member State or the Member State of regis­                                       Article 38
 tration shall notify the Commission without delay of any
 measures taken , along with the name and the external            Each year Member States shall transmit to the
 identification of the vessel concerned .                         Commission a report on the implementation of this
                                                                  Regulation, containing an assessment of the technical
                           Article 35                             and human resources used and the measures which may
                                                                  help to alleviate any shortcomings discovered .
 In the event of non-compliance with the provisions of
 this Regulation, Member States may decide not to grant,
 to suspend, to reduce or to cancel the financial aid they                                 Article 39
 grant under the common fisheries policy. The
 Commission and the beneficiary shall be notified of the         Detailed rules for implementing Articles 6 to 38 of this
 decision .                                                      Regulation shall be adopted in accordance with the
                                                                 procedure laid down in Article 14 of Regulation (EEC)
                                                                 No
                           Article 36
Without prejudice to Article 35, the Commission may
decide not to grant, to suspend , to reduce or to cancel its                               Article 40
financial aid provided for in Regulation (EEC) No                This Regulation shall apply without prejudice to any
4028 / 86 and in Regulation (EEC) No 3687/91 in the              national control measures which go beyond its minimum
event that the provisions of this Regulation are not             requirements, provided that they comply with
complied with . Such measures shall be adopted by the            Community law and are in conformity with the common
Commission in accordance with the procedure laid down            fisheries policy.
in Article 47 of Regulation (EEC) No 4028 / 86 or in
Article 36 of Regulation (EEC) No 3687 /91 , as the case
may be .                                                         The national measures referred to in the first paragraph
                                                                 shall be communicated to the Commission in accordance
                           Article 37
                                                                 with Article 2 (2) of Council Regulation (EEC) No
                                                                 101 /76 0).
 1 . Member States shall notify the Commission
regularly of any laws , regulations or administrative
                                                                                          Article 41
provisions adopted by them in order to prevent and
prosecute irregularities .                                       1.    Regulation (EEC) No 2241 / 87 is hereby repealed.
They shall notify each year the minimum and maximum
amount of the fines provided for in respect of each type         2.    References to the Regulation repealed by virtue of
of infringement and the nature of the penalties they             paragraph 1 shall be construed as references to this
apply.                                                           Regulation.
2 . Member States shall notify the Commission
regularly of the results of inspections or monitoring                                     Article 42
carried out pursuant to this Regulation, including the
number and type of infringements discovered and the             This Regulation shall enter into force on 1 January 1993 .
action taken . At the request of the Commission, Member
States shall notify it of the amounts of the fines imposed      This Regulation shall be binding in its entirety and
for specific infringements .                                     directly applicable in all Member States .
                                                                0) OJ No L 20, 28 . 1 . 1976, p. 19.