CELEX: 51993PC0496
Language: en
Date: 1993-10-15
Title: Proposal for a COUNCIL REGULATION (EEC) establishing a Community system of fishing licences

COMVIISSION OF THE EUROPEAN COMVKJNITIES
                                         C0M(93) 496 final
                                         Brussels, 15 October 1993
                          Proposal for a
                     COUNCIL REPSHI ATIQN (EEC)
         establishing a Community system of fishing licence:
                   (presented by the Commission)
 ---pagebreak---                                        A
                             EXPLANATORY MEMORANDUM
The common fisheries policy, which guarantees the conservation of fishery
resources and thus the viability of European fishing, cannot achieve its aims
unless its rules are complied with. Discussions within the Community
institutions concerning the 1991 report on the common fisheries policy* and
the report on monitoring application of the CFP^ showed inter alia that it
was necessary to introduce a more? effective mechanism for monitoring the
activity of Community vessels both in Community waters and outside this sea
area. These discussions also revealed concern in the fishing industry as
regards the inf lexiiaility of certain traditional mechanisms while the
implementation of more flexible rules can only increase the need for
effective monitoring of the management of resource exploitation.
In the light of thesa discussions, the Council adopted, on a proposal from
the commission and ha/ing regard to the opinion of Parliament:
- Regulation (EEC) No 3760/S2 establishing a Community system for fisheries
   and aquaculture-^, Article E> of which provides for the adoption of a
   Community system of fishing licences before 31 December 1993; and
- Regulation (EEC) No..../93 establishing a control system applicable to the
   common fisheries policy4 which is based inter alia on the introduction of
   fishing licences.
In accordance with the principles and mechanisms of the reform of the CFP as
agreed when the abovementioned Regulations were adopted, this proposal
provides for the establishment of the Community system of fishing licences
referred to in Article 5 of Regulation (EEC) No 3760/92.
In accordance with the abovementioned Article 5 this proposal is based on the
principle that Member States will manage the fishing activities of vessels
flying their flag with due respect for Community rules on the matter.
As regards existing special Community systems of fishing licences, which
consist of prior authorizaticm for fishing, it is planned for the Member
States to administer the fishing licences in compliance with a Community
procedure making it possible for the Commission to ensure that Community
provisions are complied with. This procedure should limit the tasks to be
carried out at Community level to the absolute minimum required to ensure the
transparency and effectiveness of this system.
As for the national fishing licence systems, it is proposed that the Member
states should inform the Commission of their existence.
1  SEC (91) 2288 final, 4.12.1991.
2  SEC (92) 394 final, 6.3.1992.
3  OJ No L 389, 31.12.1992, p. 1.
4  not yet published.                                                ../
TRAD/547/«n/nm
 ---pagebreak---                                        2 -
As regards fishing activities by Community vessels in the waters of non-
member countries under fishing agreements, it is proposed that, following
 authorization from a non-member country, the flag Member state should
 authorize the vessel concerned to carry out the activities provided for. This
 authorization granted to the vessel concerned confirms the obligations of the
 flag Member Stat with regard to the management of its fishing fleet, under
the terms provided for in the fishing agreement with that non-member country.
Existing practice is retained for fishing licences for vessels flying the
 flags of non-member countries operating in the Community fishing zone. The
Commission will administer these fishing licences on behalf of the community.
Consequently, the introduction of a general Community system of fishing
 licences applicable to all vessels, issued and administered by the Member
states a? proposed, will help improve the regulation of exploitation, in
accordance with the aims of the abovementioned Article 5, and will not affect
the flag Member state's role as manager of its fishing fleet.
 In view of the fact that activities by fishing vessels flying its flag often
take place in a sea area and in fishing ports which do not come under its
 sole sovereignty, the flag Member state must rely on the cooperation of the
other Member states. In this respect the Commission thinks provision should
be made to ensure appropriate cooperation between the competent authorities
of the Member States responsible for supervision in maritime waters under
their sovereignty or jurisdiction, and the competent authorities of the flag
Member states.
In the light of the foregoing the Commission therefore proposes that the
Council adopt this proposal establishing a Community system of fishing
licences.
TRAl>/547/»n/iiW
 ---pagebreak---                     PROPOSAL FOR A COUNCIL REGULATION (EEC) No             /93
                                         of          1993
                   establishing a Community system of fishing licences
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and
in particular Article 43 thereof,
Having regard to the opinion of the European Parliament1,
Having regard to the opinion of the Economic and Social Committee^,
Having regard to the proposal from the Commission,
Whereas, in order to help improve the regulation of exploitation and its
transparency,          Article 5    of    Council    Regulation      (EEC)   No 3760/92   of
20 December 1992          establishing      a   Community     system   for   fisheries   and
aquaculture^ provides for the introduction of a general community system of
fishing licences;
Whereas it is therefore necessary to establish the principles and certain
rules of application at Community level in order for each Member state to be
able to manage the fishing activities of the vessels flying its flag;
Whereas        Council   Regulation    (EEC)   No ..../93    of         /93  establishing  a
control       system applicable     to the common      fisheries    policy^ provides   inter
alia      for    rules   concerning   the    monitoring   of   conservation   and  resources
management measures;          whereas this framework should be supplemented in order
to ensure greater transparency of the exploitation of resources by individual
vessels;        whereas it is therefore necessary to provide that fishing licences
must certify information on identification characteristics and on fixed and
variable characteristics determining fishing effort;
1
2
3 OJ No L 389, 31.12.1992, p. 1.
4 0JNoL               ,          1993,p.                                           ../
TRAD/54 7/«n/nm
 ---pagebreak--- Whereas some exploitation activities are subject to prior authorization in
the form of a permit incorporated in the fishing licences issued; whereas
therefore provision should be made for the issuing of fishing permits under
this system;
Whereas, in accordance with Article 5 of Regulation (EEC) No 3760/92, fishing
 licences are to be issued and administered by the Member States subject to
 any provisions to the contrary at community level; whereas in this respect
 there are some systems at Community level, in particular that provided for in
Article 7 of that Regulation, that must be administered by the Commission.
Whereas, in accordance with Community provisions, the Commission issues and
 administers, on behalf of the Community, fishing licences for vessels flying
the flag of third countries operating in the Community's fishing zone;
whereas the information contained in fishing licences should correspond to
 the characteristics laid down in council Regulation (EEC) No 2930/86 of
 22 September 1986 defining characteristics for fishing vessels 5 and the
detailed rules laid down in Commission Regulation (EEC) No 1381/87 of
 20 May 1987   establishing   detailed   rules concerning   the marking     and
                                       6
documentation    of   fishing   vessels ; whereas   this  information    should
correspond to the information furnished in accordance with Commission
Regulation (EEC) No 163/89 of 24 January 1989 concerning the fishing vessel
register of the Community7,
Whereas provisions should be adopted under the national fishing licence
systems making it possible for the competent authorities to check, at any
time, the information on the identification, technical characteristics and
equipment of vessels;
5 OJ No L 274, 25.9.1986, p. 1.
6 OJ No L 132, 21.5.1987, p. 9.
7 OJ No L 20, 25.1.1989, p. 5.                                       ../
TRAD/547/«n/nm
 ---pagebreak---                                          s-
Whereas, under Community fishing licence provisions, access to certain areas,
for some fisheries, is limited to vessels on the lists administered by the
Commission; whereas therefore certain rules should be laid down to integrate
such systems established by the aforementioned provisions into the Community
fishing licence system;
Whereas, to this end, the national fishing licence systems and the system
governing Community vessels operating in the waters of third countries,
should also be integrated;
Whereas the possibility provided for in Regulation (EEC) No             /93 of
suspending or withdrawing a fishing licence should help to improve the
regulation of exploitation; whereas provision should be made for the
competent authorities of the Member state of which the vessel concerned is
flying the flag to be able to initiate a procedure for suspending or
withdrawing a fishing licence;
Whereas it is necessary to lay down appropriate Community rules on
cooperation between the competent authorities of the flag Member state and
those of the Member States which have discovered an infringement in order to
permit fair and transparent application of the provisions of Articles 32 and
34 of the said Regulation;
Whereas provisions     should  be  laid  down  to make cooperation  within  the
Community possible;
HAS ADOPTED THIS REGULATION:
                                     Article 1
 1.   A Community system of fishing licences shall be established laying down
      rules on the minimum information to be contained in the fishing licences
      referred to in Article 5 of Regulation (EEC) No 3760/92.
2.    All Community fishing vessels and vessels flying the flag of a third
      country operating in Community fishing waters shall be required to have a
      fishing licence which is attached to the vessel.
                                                                       ./
TRAD/547/.n/nm
 ---pagebreak---                                         - /.
 3.   Fishing vessels shall be forbidden to catch, retain on board, transfer or
       land fish where their fishing licence has been withdrawn or suspended.
      To this end the system requires that the fishing licences referred to in
      paragraph 1 should     contain   in particular minimum     information on
       identification, technical characteristics, fishing operations and fishing
      permits and be drawn up in accordance with the model Community fishing
       licence in the Annex.
                                     Article 2
For the purposes of this Regulation:
"fishing permit" means a prior fishing authorization issued:
- to a Community fishing vessel where exploitation activities in certain
   fishing zones, during a fixed period, are subject, for certain fisheries,
   to prior fishing authorization.
- to a vessel flying the flag of a third country where it operates in
   Community fishing waters, in accordance with the provisions of the fishing
   agreement between that country and the Community.
"fishing licence for Community vessels"      means certification by flag Member
States of the minimum information, in        particular on the identification,
technical characteristics and equipment      of Community fishing vessels and,
where applicable, of the information on       the fishing permit referred to in
Annex I;
"fishing licence for vessels flying the flag of a third country" means
certification by the Commission of the minimum information, in particular on
the identification, technical characteristics and equipment of vessels flying
the flag of a third country and of the information on the fishing permit
referred to in Annex II;
                                     Article 3
1.    Each Member State, hereinafter referred to as the flag Member State,
      shall issue and administer fishing licences for the fishing vessels
      flying its flag in compliance with the provisions of Article 11 of
      Regulation (EEC) No 3760/92.
                                                                        ../
TRAD/547/»n/nm
 ---pagebreak---    2.    The Commission shall issue and administer on behalf of the Community the
          fishing licences for vessels flying the flag of a third country in
         accordance with Community rules taking due account of the provisions
         agreed     under   fishing  agreements   with  third   countries  or   under
          international agreements.
                                         Article 4
    1.   Fishing vessels shall conduct their fishing activities in accordance with
         the conditions indicated on the permit.
   2.    Vessels flying the flag of a third country must have a fishing permit
         granted in accordance with the provisions of this Regulation when they
         operate in Community fishing waters.
">                                         TITLE I
                  ADMINISTRATION OF FISHING LICENCES FOR COMMUNITY VESSELS
                                         Article 5
    1.   The flag Member State shall ensure that the information on the
         identification, technical characteristics and equipment of each vessel
         flying its flag is accurate, and that it corresponds to the information
         contained in the community register of fishing vessels provided for in
         Commission Regulation (EEC) No 163/89.
   2.    The flag Member State shall adopt the necessary measures to enable the
         abovementioned information to be checked at any time by the competent
         supervising authorities.
                                                                            ../
   TRAD/547/»n/nm
 ---pagebreak---                                        -2
                                     Article 6
 1.    Where Community provisions provide for the regulation of the exploitation
       rate by means of a limitation of fishing effort, each flag Member state
       shall identify the vessels likely to exercise a fishing activity subject
       to such limitation for a fixed period. It shall ensure that these vessels
      meet the conditions laid down by the Council and forward the necessary
       information on them to the Commission.
2.     The Commission shall examine the information provided by the Member State
       and return to it the information which complies with community provisions
       and the Decisions taken pursuant to Article 9.
3.    Following communication from the Commission, the flag Member State shall
       grant the fishing licence which shall include a permit authorizing the
      vessels referred to in paragraph 2 to exercise the fishing activity
      referred to in paragraph 1.
4.     In order to enforce Community measures for the conservation and
      management of resources, the flag Member State may modify or suspend,
       fully or in part, any community fishing permit that it has issued.
5.    The detailed rules of application for this Article shall be adopted by
      the Commission in accordance with the procedure provided for in
      Article 18 of Regulation (EEC) No 3760/92.
                                     Article 7
Where a flag Member State has adopted national provisions pursuant to
Article 9 of Regulation (EEC) No 3760/92, in the form of a national fishing
permit, relating to the distribution among individual vessels of the fishing
availabilities allocated to it in accordance with Article 8 of that
Regulation, it shall forward to the Commission information on the vessels
authorized to exercise a fishing activity in a determined fishing zones, in
accordance with these provisions.
                                                                       ../
TRAD/547/en/nm
 ---pagebreak---                                       -9 -
2.    Where the Member States, pursuant to Article 10 of Regulation (EEC)
      No 3760/92, have established a specific national permit scheme, they
      shall send the commission annually the list of information forming part
      of the corresponding permits and figures on the total associated fishing
      activities.
3.    The detailed rules of application for this Article shall be adopted in
      accordance with the procedure provided for in Article 18 of Regulation
      (EEC) NO 3760/92.
                                    Article 8
1.    Each flag Member state shall forward to the commission an application for
      the vessels flying its flag likely to exercise fishing activities under
      the fishing facilities granted to the community pursuant to a fishing
      agreement with a third country. It shall ensure that the application is
      in accordance with Community rules and the terms of such fishing
      agreement.
2.    The Commission shall examine the applications from each Member State in
      the light of the fishing facilities granted to it, where applicable
      pursuant to Article 8 of Regulation (EEC) No 3760/92, and any conditions
      laid down in the agreement applicable to community vessels. Following
      this examination, the Commission shall forward to the third country
      concerned a request for fishing authorization for the Community vessels
      likely to exercise fishing activities in the waters of the third country
      concerned.
3.    The Commission shall forward to the flag Member state information on the
      vessels flying its flag which have been authorized by that third country
      to exercise certain fishing activities in its waters.
      Following this communication, the flag Member state shall grant a fishing
      licence comprising a permit authorizing the vessels concerned to exercise
      their fishing activities in accordance with Community provisions and the
      provisions laid down in the fishing agreement referred to in paragraph 1.
4.    In order to enforce the measures for the conservation and management of
      resources provided for in the fishing agreement, the flag Member State
      may suspend or withdraw, fully or in part, any community fishing permit
      that it has issued.
                                                                       ../
TRAD/547/»n/nm
 ---pagebreak---                                         -1<©
 5.     Following notification to the Commission by the third country referred to
        in paragraph 1 concerning a decision to suspend or withdraw the fishing
       permit by the third country concerned in respect of a vessel flying the
        flag of a Meaoer state, the Commission shall forward to the flag Member
       State the name and particulars of the vessel concerned.
       At the Commission's request, the flag member state shall suspend or
       withdraw, fully or in part, the fishing permit it issued for that vessel
        for the period fixed in the third country's decision.
6.     Following a penalty imposed by the third country concerned, suspending or
       withdrawing the fishing licence, for a fixed period the flag Member State
       may no longer submit an application for fishing authorization for that
       vessel in accordance with the procedure provided for in the fishing
       agreement between the Community and the third country.
7.     The detailed rules of application for this Article shall be adopted in
       accordance with the procedure provided for in Article 18 of Regulation
        (EEC) No 3760/92.
                                      Article 9
1.     The flag Member State shall suspend the fishing licences of vessels
       subject to temporary immobilization and withdraw the fishing licences of
       vessels subject to definitive withdrawal from fishing activities.
2.     Following notification under Article 34 of Regulation (EEC) No         /93
       or the regulations on implementation of an international inspection
       system, the competent authorities of the flag Member State shall apply,
       in accordance with its national law, the procedures to suspend or
       withdraw the fishing licence of the vessel involved for a period
       commensurate with the gravity of the infringement taking into account any
       penalties which may have been imposed by the competent authorities which
       discovered the infringement.
3.     The detailed rules of application for this Article shall be adopted by
       the Commission, in particular to enable flag Member States to apply this
       paragraph under fair and transparent conditions, in accordance with th^
       procedure provided for in Article 18 of Regulation (EEC) No 37 6 0/92.
TRAl'i/S47/*n/nn
 ---pagebreak---                                         -M-
                                     Article 10
1.     Flag Member States shall complete the record(s) they have established in
       accordance with the provisions of Regulation (EEC) No 163/89 to integrate
       all the data on the fishing licences they have granted to the vessels
       flying their flag.
2.     The data referred to in paragraph 1 shall be collected and transmitted in
       accordance with the detailed rules of application adopted by the
       Commission in accordance with the procedure provided for in Article 18 of
       Regulation (EEC) No 3760/92.
                                     Article 11
1.     Flag Member states shall appoint the competent authorities for granting
       fishing licences and adopt measures to ensure that the system is
       effective.
2.     Flag Member States shall inform the other Member states          and the
       commission of the name and address of the competent authorities  referred
       to in paragraph 1 and inform the Commission of the measures      taken at
       national level not later than six months after this Regulation   has come
       into force and, if any changes occur, as soon as possible.
                                                                       ../
fRAl>/S47/«n/nm
 ---pagebreak---                                          TITLE II
              ADMINISTRATION OF FISHING LICENCES FOR VESSELS FLYING THE FLAG
                                    OF A THIRD COUNTRY
                                        Article 12
 1.    In accordance with the measures relating to conservation and management
       of resources applicable to vessels flying the flag of a third country
       adopted by the Council, the competent authorities of the third country
       shall forward to the Commission applications for fishing licences for
       vessels flying their flag and likely to engage in fishing activities in
       Community fishing zones within the framework of the fishing opportunities
       granted by the Community to that country pursuant to a fisheries
       agreement.
2.     The Commission shall examine such applications and shall grant licences
       in accordance with the measures adopted by the Council, taking account of
       the provisions of the agreement.
3.    The Commission shall inform the authorities responsible for inspection
      designated by the Member States of the licences granted.
                                        Article 13
Licences may be cancelled with a view to the grant of new licences.
Cancellations shall take effect on the day preceding the day on which the
Commission grants the new licences. The new licences shall take effect on
the day on which they are granted.
                                        Article 14
1.    The Member states shall notify the Commission forthwith of any definitive
      penalty imposed on a vessel flying the flag of a third country in respect
      of which a licence has been granted as a result of an infringement
      committed by that vessel.
2.    Following the notification referred to in paragraph 1, the Commission may
      suspend or withdraw a fishing licence granted to the offending vessel in
      Accordance with Article 12, and may also refrain from granting that
      vessel a new licence, in accordance with the procedures laid down in
      accordance with paragraph 4. The Commission's decision shall be notified
      to the third country in question, which shall inform the shipowner
      thereof.
TRAL>/'i47/«n/nn
 ---pagebreak---                                        - li
3.   The Commission shall forthwith notify the inspection authorities of the
     Member States concerned of the provisions which it has adopted in respect
      of the vessel in question pursuant to paragraph 2.
4.   The detailed rules for the application of this paragraph shall be adopted
      in accordance with the procedure laid down in Article 18 of Regulation
      (EEC) NO 3760/92.
                                     TITLE III
                                GENERAL PROVISIONS
                                    Article 15
1.    The Commission shall have computer access to the information in the files
      referred to in Article 10.
2.    The competent authorities of the flag Member State must, at the request
      of the inspection authorities of another Member State which are
      inspecting a vessel in the waters under its jurisdiction, confirm the
      information referred to in Article 5. such requests for information may
      also be addressed to the Commission.
                                    Article 16
1.    Flag Member States and Member states responsible for inspection in the
      maritime waters falling within their sovereignty or under their
      jurisdiction shall cooperate in order to ensure compliance with the
      conditions in the fishing permits.
2.    To this end, the flag Member state shall inform the other Member States
      referred to in paragraph 1 of the details of the fishing permits which it
      has drawn up.
                                                                      ../
TRAD/b47/en/nn>
 ---pagebreak---                                      - iy-
                                  Article 17
This Regulation shall enter into force on 1 January 1994.
 It shall apply from 1 January 1996.
This Regulation shall be binding in its entirety and directly applicable in
 all Member States.
 Done at Brussels,                      For the Council
                                        The President
TRAD/547/«n/n»
 ---pagebreak---                                                             \r
                                                   ANNEX         I
                                   MINIMUM            INFORMATION
                                          I.     I D E N T I F I C A T I O N
                                                                                            Internal number
A. VESSEL                                                    B. OPERATOR
   1. Name of vessel ;                                          1. Name(s) of owner(s):
   2. Flying the flag of:                                          Address:
   3. Port of registration:                                     2. Name(s) of charterer(s):
   4. Registration number:                                         Address:
   5. External markings:                                           (in the case of a legal person or an
                                                                   association, name(s) of the representative(s)):
   6. International radio code:
            II.    T E C H N I C A L     C H A R A C T E R I S T I C S       AND      E Q U I P M E N T
1. Type of vessel:                                           6. Fishing usually practiced:
2. Main type of gear:                                           - fishing zone(s)
   1
   2
   3
   4                                                            - principle species
3. Engine power:
                                                                - other species
A. Overall length:
   Length between perpendiculars:
                                                             7. Part of multiannual guidance programme:
5. Tonnage:
                                     III.     F I S H I N G      P E R M I T S
 Date of issue                                                Period of validi ty
 The fishing operations carried out by this vessel are subject to a fishing permit in accordance with
 conditions set out below, with respect to the following fisheries:
                             from../../.   from../../.
                              to ../../.     to ../../.
Zones
Species
Other conditions
 ---pagebreak---                                           yl6
                                     A N N E X    II
          MINIMUM INFORMATION TO BE INCLUDED IN FISHING LICENCES OF VESSELS
                FLYING THE FLAG OF A THIRD COUNTRY AND AUTHORIZED TO FISH
                                   IN COMMUNITY WATERS
A - IDENTIFICATION
a)     name of the vessel,
b)     registration number,
c)     external identification letters and numbers,
d)     port of registration,
e)     name and address of the owner or charterer,
f)     call code and radio frequency,
B - TECHNICAL CHARACTERISTICS AND EQUIPMENT
g)     type of vessel,
h)     gross tonnage and overall length,
i)     engine power,
j)     tonnage,
C - FISHING PERMIT
k)     fishing method,
1)     fishing zone,
m)     species for which the vessel is authorized to fish,
n)     date of issue,
o)     period of validity of licence,
p)     other conditions.
TRAD/547/an/nni
 ---pagebreak---                                                 Ai
                                                                       ISSN 0254-1475
                                                                COM (93) 496 final
                                                       DOCUMENTS
EN                                                                               03
                                 Catalogue number : CB-CO-93-531-EN-C
                                                              ISBN 92-77-59800-X
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