CELEX: 51987PC0232
Language: en
Date: 1987-06-08
Title: Proposal for a COUNCIL REGULATION (EEC) establishing certain control measures for fishing activities (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 232
Vol. 1987/0153
 ---pagebreak--- Disclaimer
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     /
                                                       COM(87) 232 final
                                                       Brussels , 8 June 1987
                                    Proposal for a
                               COUNCIL REGULATION ( EEC )
         establishing certain control measures for fishing activities
  s        t>             ^(presented by the Commission )
 O
             „,   _ r
                           &
                            ./
                           /
                       ~ >
                      r>
COM ( 87) 232 final
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
     its recommendations to the Council , the Adonnino Canuittee recarmended
 action to speed up the consolidation and sinplification of Caimunity law, with
priority treatment for those fields involving more closely the activities of
CitlZ6TlS .
citizens •   In rGSDOHSe .
             In response , the
                            the rVnTnS     nn AQCnroH
                                  Ocrmtission assured t->\o
                                                       the Pnrrrkftan
                                                            European Council1 that it^
wauld make Ccmnunity law more readily accessible by measures to consolidate
 legal instruments .
 In this context, it has been decided to consolidate Council Regulation ( EEC)
No 2057/82 , of 29 June 1982 , establishing certain control measures for fishing
activities (•*■). The
activities         The successive
                        successive modifications
                                     modifications of
                                                    of this
                                                        this Regulation
                                                             Recrulation run
                                                                         run the
                                                                             the risk
                                                                                  risk
of making their enforcement difficult and of increasing the danger of the
law not being respected not only by the public but also by the civil servants
charged with applying Community law on the conservation of resources , a key
element in the cannon fisheries policy .
The Regulation being consolidated was amended fran 1982 to 1986 by three
regulations making significant changes to its enacting terms .
The present proposal for a Regulation gathers in a single text the provisions
in force at the time of consolidation , malting only changes in style or order
strictly necessary to make the text clear to the user . It shows , for each
Article , presented as a photocopy, the old numbering , the new numbering being
given in the top right-hand oomer of the page . In the margin , the ori      original
or amending Regulation from which the present text is taken is specified . The
material has been arranged more rationally, with under Title I the rules
concerning inspection and control of fishing vessels and their operations .
followed by Title II concerning control of catches . Title III brings together
in the new Regulation all the provisions concerning prohibition of fishing ;
this is followed by the provisions on application and verification of control ,
under a new title ( Title IV IV)) .   Title V contains a provision on the use of
fishing gear ( old Title III ). ),   A new title (Title IV ) contains the general
provisions .
                                                                              •/.
(1 ) QT NO L 220 , 29.07.1982 , p. 1
 ---pagebreak--- It will be recalled that in a Resolution adopted on 26 November 1974 on the
consolidation of its      legal instruments    ( 1 ), the Council had     already
reccnmended that Oouncil acts that had been amended several times should be
consolidated in single texts .   It had added that , as far as possible - for the
sake of ensuring legal certainty inty - there should be actual " legislative
consolidation", entailing the repeal of the previous acts ( as in the present
case )).. It therefore called ipon the Ocrrmission to submit proposals for
consolidation of relevant legislation and undertook to " examine those
proposals as quickly as possible , without bringing into question , during that
consolidation , the substantive solutions contained in the consolidated texts ".
( 1 ) OJNoC 20 , 28.01.1975 , p. 1
 ---pagebreak---                                                              Λ
                                          i
             Proposai for a
    COUNCIL REGULATION (EECV
establishing certain control measures for fishing activities
                                            i
THE COUNCIL OF THE EUROPEAN COMMUNITIES .
 Having regard to the Treaty establishing the European
 Economic Community ,                         j
 Having regard to Council Regulation ( EEC) No 170 / 83 of
IS January 1983 establishing a Community system for the
 conservation and management of fishery resources ( ' ), and
 in particular Article 1 1 thereof.
 Having regard to the proposal from the ^ommission,
 Whereas following the substantial amerdnents made
 with regard to the inspection and monitoring of
 fishing activities dealt with in Council Regulation
 (EEONo 2057/82 (2), as last amended by Regulation
 (EC) No 4027/86 (3), it is appropriate to
 consolidate the said Regulation;
       ( ' ) OJNOL 24, 27 . 1.1983 , p.l-
       ( 2) 0J No L 220 of 29.07.1982, p. 1
        (3) 0J No L 376 of 31.12.1986 p. 4
 ---pagebreak---                                                                                      -tf-
                                                            Axfr .
Whereas for catches by fishing vessels it is important to             & WNAA tfL
adopt rules for control in order to ensure that the limits
fixed elsewhere for permissible levels of fishing are        4
observed ;
                                                            4      l IA.JI JU (AK^-
Whereas these rules must include measures concerning the
                                                            + 2
                                                              43              2ûS}/g2
inspection and monitoring by Member States * authorities of
all fishing vessels, including the vessels of third
countries , at sea and in port , and all activities
whose monitoring would enable verification of the
implementation of this Regulation and the taking of
proceedings against breaches of the rules oonceming
conservation and control measures;
 ---pagebreak---                                                                                    3
                                                             w.
    whereas Member Stares must periodically report to
     he Commission on their inspect,on actives Son
    the action taken with regard to any violations of the
     conservation and control measures;                the
                                                                   (UAX» cl j^ceLj
Wiereas the effective control of landings of fish
species for tdrich a total allowable catch (TAC) per
stock or gnoup of stocks or other form of
<*antitative limitation has been fixed requires that
skippers of fishing vessels keep a record and submit
statements of their fishing activities ; whereas it is
appropriate to exempt from the obligation to keep a                 rteubX rj-'
fishing logbook vessels of small size and of limited
operating range for which such an obligation would
constitute a burden disproportionate to their catch        S
                                                                Æuj, - 505^2
potential ;
 ---pagebreak---                                                                                      ч
                                                              Λ*·
Whereas, however, it is desirable that the skippers of
vessels over 10 metres in length or their agents should
fill out a declaration of landings at the end of each
                                                                  S-Rv fVAU'M. «rf
voyage inasmuch as, having regard to the number of
boats in question, this declaration constitutes the sole
                                                                           2011-/%2.
means of monitoring their activities thereby permit ¬
ting the degree of observance of conservation measures
in force to be appraised ;
                                                                  5HV MUW.
Whereas the control of fishing activities requires that
Member States should verify the accuracy of entries in
logbooks / larding and transhipment declarations;                   fiiy . SUljîS
 Whereas Menber States should be obliged to record
 landings of stocks or groups of stocks subject to
 TACs or quotas and to arrange that the recording
 of these landings can be verified;
                                                                   8Hv Ajtol Wî
    Whereas the communicaton of more detailed or more
    frequent information about catches to the Commission at
    the latter’s request would improve the control of fishing
    activities ;
                                                              9     V
 ---pagebreak---                                                                                    b'
                                                               Ai*.
 l^iereas landings made outside the territory of the
 Corrmunity as well as transhipments of fish from one
 vessel to another should be recorded;
                                                                    fiiy . 20S}/ÿ2
Wiereas it is appropriate to permit the extension of the
provisions concerning the logbook, the declaration of
landings , information about transhipments and registration
                                                            \0
of catches to stocks not subject to total allowable catches
or quotas ;
 ---pagebreak---                                                                                             Q
                                                               Ανλ" .
Whereas it is necessary chat, if the fishermen of a
Member State have exhausted a quota allocated to that                 ?IL ru.u-|-&j|}, tr|>
State; the obligation to cease fishing should be the
subject of a decision of the Commission ;                               ^ . 20Sl/%l
 Whereas, moreover, the Community is empowered
 internally under the Treaty to take any measures for the
 conservation of the biological resources of the sea ; whereas
 in this context provision should be made for the possibility
 of putting a stop to fishing once the TAC, quota, allocation
 or share available to the Community is exhausted ;
 whereas , however , reparation should be made for the loss
sustained by a Member State which has not exhausted its
quota , allocation or share of the stock or group of stocks
concerned ; whereas a compensation mechanism should be
provided for that purpose , reconciling the requirements of
conservation with the preservation of fishing possibilities
                                                                          PX.U
                                                                                      . rf'
per species and per zone as given by the annual setting of
TACs and quotas; whereas to this end preference should be
given when making these deductions and awards, either
during the same year or during the following years, to the
species and zones for which the annual quotas, allocations
or shares have been set ;
 ---pagebreak---                                                           1
                                                               ЛсА .
Whereas certain provisions are necessary to make it
                                                                     10"Hv /T&UITJL
possible to verify the implementation of this Regula¬
tion ;
                                                                        P*^ îosi/sz
Whereas , when the Commission or its authorized officials
encounter, in carrying out their duties, repeated and
unjustified difficulties, the Commission may request of the
                                                                       a.
Member State concerned , in addition to an explanation ,
the means of fulfilling its task; whereas the Member State
concerned is required to ensure fulfilment of its obligations           jwhJL       I
arising from this Reflation by facilitating the
performance of the Commission 's task;                        11
 ---pagebreak---                                               s
                                                      M.
Pereas control is improved by an obligation
to make illegal nets unusable;                         13
                                                          11 IW )b
 Whereas provision should be made for adopting
 detailed rules for inspection and monitoring
                                                      1H           205 ?/?2
 so that the activities of fishing vessels may
 be better controlled;
 Whereas this Regulation should not affect national
 control provisions which fall within its scope and
 which go beyond its minimum requirements provided  1S           los+jsz
  that they are in accordance with Community law ,
     HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                                                                   9
                                         ΤΠΤΕ I
Inspection and control of fishing vessels and their activities
                                                                              Article 1
                                       Article 1
                1 . In order to ensure compliance with all the
               Regulations in force concerning conservation and
               control measures, 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 inspect fishing vessels and all
               activities whose inspection would enable verification of
               the implementation of this Regulation, including the
               activities of landing, selling and storing fish and
               recording landings and sales.
               2 . If the competent authorities of a Member State
               observe, as a result of monitoring or inspection carried
               out by them under paragraph 1 , that the relevant rules
               concerning conservation and control measures are not
               being complied with , they shall take penal or
               administrative action against the master of such a vessel
               or any other person responsible.
              3. In order to ensure that inspection is as effective
              and economical as possible, Member States shall coor¬
              dinate their control activities and shall introduce
              measures whereby their competent authorities and the
              Commission may be regularly informed on a reci¬
                                                                            IQSljzi
              procal basis of the experience acquired.
 ---pagebreak---                                                             (O
                                                                   Article 2
                         Article 2
  1 . The inspection and monitoring referred to in
 Article 1 shall be carried out by each Member State on
 its own account by an inspectorate appointed by it .
In carrying out the task thus conferred on them the
Member States shall ensure that the provisions and
measures referred to in Article 1 are complied with.
Moreover, their action shall be carried out in such a
way as to avoid undue interference with normal
fishing activities. They shall also ensure that there is
no discrimination as regards the sector and vessels
chosen for inspection .
                                                         20S >/22-
2. The persons responsible for the fishing vessels
inspected shall cooperate in facilitating inspections
carried out in accordance with paragraph 1 .
 ---pagebreak---                                                             {'
                                                                  Article 3
                          Article 4
In accordance with the procedure laid down in Article
 m detailed rules may be adopted for the implementa¬
 tion of Articles 1 and 2, concerning in particular :
(a) the identification of officially designated inspectors,
     of inspection vessels or of such other similar
     means of inspection as may be used by a Member
     State ;
(b) the procedure to be used by inspectors and skip¬
     pers of fishing vessels, if an inspector wishes to        20я/зг
     board a vessel ;
 (c) the procedure to be used by inspectors, having
     boarded a fishing vessel, in inspecting that vessel,
     its gear or its catches ;
 (d) the report to be drawn up by inspectors after each
     boarding ;
 (e) the marking and identification of fishing vessels
      and their gear ;
( f) the certification of the characteristics of fishing
      vessels related to fishing activities .
 ---pagebreak---                                                                    fz.
                                                            Article 4
                       Article 5
Member States shall at regular intervals provide the
Commission with      information   on   the   number of
fishing vessels inspected, their nationality, the type of 10*/*!
infringements observed and the action taken by them
with respect to such infringements.
 ---pagebreak---                                                             IB
                           TITLE II
                Monitoring of catches
                                                   20я/зг
                                                               Article 5
                         Anici e 3
1 . The skippers of fishing vessels flying the flag of, or
registered in , a Member State and fishing for a stock or
group of stocks subject to total allowable catches
(TACs) or quotas shall keep a logbook of their
operations, indicating, as a minimum , the quantities of
each species caught and kept on board, the date and
location of such catches by reference to the smallest
zone for which a TAC or quota has been fixed and
administered and the type of gear used.
2. The skipper of a fishing vessel flying the flag of, or
registered in , a Member State, whose vessel’s overall
length is :
 ( a ) 10 m or under ;
 ( b) over 10 m but not over 17 m if carrying out a
       fishing voyage outside the Skagerrak or the Kattegat
       of a maximum of 24 hours measured from the time
       of leaving port to the time of re-entering port; or
 (c) 12 m or under, if operating in the Skagerrak or the
       Kattegat ,
shall be exenpted from the obligations defined
in paragraph 1 .
3.      Member States shall take appropriate
measures to verify the accuracy of the entries
made under paragraph 1 .
 ---pagebreak---                                                              IH
                                                                     Article 6
                          Article 6
1- At the time of landing after each voyage , the skipper of
  each fishing vessel , the         length of which is over
  10 m , flying the flag of, or registered in, a Member
  State or his agent shall submit to the authorities of the
  Member States whose landing places he uses a
  declaration , for the accuracy of which the skipper shall
  be held primarily responsible , indicating , as a
  minimum , for each stock or group of stocks subject to a
  TAC or quota , the quantities landed and indicating the
  location of catches by reference to the smallest zone for
  which a TAC or quota has been fixed . and
   administered . Where the catches have been made in
   waters under the sovereignty or jurisdiction of third
  countries , this information shall be listed separately by
   reference to the waters of each of the third countries
   concerned .
2 . Menber States shall take the necessary
measures to verify the accuracy of the
declarations made irder paragraph 1 .
                                                             205 }/S2.
 ---pagebreak---                       Artide 7
                                                                Is
 1 . Without prejudice to Article 6, the master ofl                Article 7
a fishing vessel flying the flag of , or registered
 in, a Member State who :
- tranships to another vessel, hereinafter
     referred to as 'the receiving vessel' , any
    (^entities of catches of a stock or group of
     stocks subject to a TAC or quota irrespective
    of the place of landing, or
- directly lands such quantities outside
     Ccnrinity territory,
 shall , at the time of the transhipment or of the landing,
 inform the Member State whose flag his vessel is flying
 or in which his vessel is registered of the species and
 quantities involved and of the date of transfer or of
 landing and of the location of catches by reference to
 the smallest zone for which a TAC or quota has been
 fixed and administered . If the catches were made in
 waters under the sovereignty or jurisdiction of third
 countries , this information must be indicated separately
 by reference to the waters of each of the third countries
 concerned .                   * ~ -
2. Before the beginning and at the end of a
transhipment or a series of transhipments, when this
takes place in a port or the maritime waters subject to
the sovereignty or jurisdiction of a Member State, the
skipper of the receiving vessel shall inform the
competent authorities of this Member State of the
quantities of catches of a stock or group of stocks
subject to a TAC or quota on board his vessel.
 The skipper of the receiving vessel shall keep details of
 the quantities of catches of a stock or group of stocks
 subject to a TAC or quota received by transhipment,
 of the date of receipt , and of the vessel transhipping
 such catches to the receiving vessel . This requirement
 shall be deemed to be met by retaining copies of the
 transhipping declaration provided in accordance with
 the detailed rules for recording information on Member
 States' catches of fish . At the end of the transhipment
 or series of transhipments the skipper of the receiving
 vessel shall transmit these details to the competent
 authorities referred to above within 24 hours .
                                                            3nyss
 The skipper of the receiving vessel shall also keep
 details of the quantities of catches of a stock or group
 of stocks subject to a TAC or quota which are
  transhipped by the receiving vessel to a third vessel ,
  and shall inform the competent authorities referred to
  above of .such transhipment at least 24 hours before it
  takes place. Following transhipment, the skipper
  shall inform the said authorities of the
  quantities transhipped .
 The skipper      of the receiving vessel and of the third
 vessel referred to above shall permit the competent
  authorities referred to above to verify the accuracy of
  the information and details required by this
  paragraph .
 ---pagebreak---                                                           14
                                                             Article 7 ( cont .)
3 . Member States shall take appropriate measures to
verify the accuracy of the information received under
paragraphs 1 and 2 , and shall , where appropriate ,
inform the Member State or Member States in which
the receiving vessel and the fishing vessel transhipping
to the receiving vessel are registered or whose flag they
are flying , of such information and of the results of
verification .
4 . Paragraphs 2 ard 3 shall also apply to a
receiving vessel f Lying the flag of or
registered in a third country.
 ---pagebreak---                                                       \1
                                                            Article 8
                       Article 8
Where the transhipment or the landing is likely to
take place more than 1 5 days after the catch, the infor¬
mation required in Articles 6 and 7 shall be submitted
                                                          2057/SL
to the competent authorities of the Member State
whose flag the vessel is flying or in which the vessel is
registered not later than 15 days after the catch.
 ---pagebreak---                                                                IS
                                                                  Article 9
                              Article 9
        1 . Member States shall ensure that all landings by
        1.
       fishing vessels flying the flag of, or registered in, a
       Member State of stocks or groups of stocks subject to
      TACs or quotas are recorded. For this purpose,
      Member States may require that the first placing on the
      market be made by sale by public auction .
     Where catches of stocks or groups of stocks subject to
     TACs or quotas are not placed for the first time on the
     market by means of sale by public auction , Member
     States shall ensure that the quantities involved are
     notified to the centres for sales by public auction or to
     the bodies designated by such States .
     2 . Before the 15th of each month , each Member State
     shall notify the Commission of the quantities of each
     stock or group of stocks subject to TACs or quotas
     landed during the preceding month and shall provide it
     with any information received under Articles 7 and 8 .
     Notifications to the Commission shall indicate the
     location of the catches as laid down in Articles 5 and 6
     and the nationality of the fishing vessels concerned.
     Without prejudice to the other provisions of . this
      paragraph Member States shall , at the request of the
      Commission where catches of stocks or groups of
      stocks subject to TACs or quotas may reach TAC or
    quota levels, provide more detailed or more frequent
    information than this paragraph requires.
    3 . The Commission shall inform Member States of the
    notifications received pursuant to this Article within
     10 days of the date on which it received them.'
 4 . Each Member State shall keep , or cause to be kept ,
records submitted to its competent authorities in
accordance with Articles S and 6 and the particular
detailed rules for the application of those Articles, in
such a way as to be able to trace back such documents ,
which form the basis of the notification to the
Commission referred to in paragraph 2, over a period
of three years from the beginning of the year following
the year in which the related landings were made.
 ---pagebreak---                                                            13
                                                              Article 10
                          Article 9 a
In accordance with the procedure laid down in
Article 14 , additional stocks or groups of stocks may be
made sub|ect to Articles 5 to 9.
                                                          3USM
 ---pagebreak---                                                      OUJ
                         TITLE III                                    Art i c Le 11
            Prohibition of fishing activities
                          Article 10
  11 ..  All catches of a stock or group of stocks subject
  to quota made by fishing vessels flying the flag of a
  Member State or registered in a Member State shall be
   charged against the quota applicable to that State for
   the stock or group of stocks in question, irrespective of
   the place of landing.
   2..    Each Member State shall determine the date
                                                             20S>/8I
   2
   from which the catches of a stock or group of stocks
   subject to quota made by the fishing vessels flying its
    flag or registered in that Member State shall be
   deemed to have exhausted the quota applicable to it
    for that stock or group of stocks. As from that date, it
   shall provisionally prohibit fishing for that stock or
   group of stocks by such vessels as well as the retention
    on board, the transhipment and the landing of fish
    taken after that date and shall decide on a date up to
    which transhipments and landings or final notifica¬
    tions of catches are permitted . The Commission shall
    forthwith be notified of this measure and shall then
    inform the other Member States.
 3 . Following notification under paragraph 2 or on its
own initiative , the Commission shall fix , on the basis of
the information available , the date on which , for a
stock or group of stocks, the catches subject to TAC ,
quota or other quantitative limitation made by fishing
vessels flying the flag of, or registered in, any Member
State are deemed to have exhausted the quota ,
allocation or share available to that Member State or,
as the case may be , to the Community.
 When an assessment of the situation referred to in the
   first subparagraph is made , the Commission shall
 advise the Member States concerned of the prospects of
 fishing being halted as a result of a TAC s being
 exhausted .
 Fishing vessels flying the flag of, or registered in, a
 Member State shall cease fishing in respect of a stock
 or of a group of stocks subject to quota on the date on
 wjrich the quota allocated for the stock or group of
  stocks in question to that Member State is deemed to
   have been exhausted ; such vessels shall equally cease
                                                              lQSl/?L
   retention on board, transhipment , landing or arran¬
   ging for transhipment and landing in respect of such
   catches taken after that date .
 ---pagebreak---                                                           Zi
                                                             Article 11 ( cont . )
  4. When the Commission has, by virtue of the first
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
quota , allocation or share of the stock or group of
stocks concerned, the following provisions shall
apply.
If the prejudice suffered by the Member State for which
fishing has been prohibited before its quota was fished
has not been removed by action in accordance with the
procedure laid down in Article 5 ( 1 ) of Regulation
( EEC ) No 170 / 83,      the matter shall be referred to
the Management Committee for Fishery Resources in
accordance with Article 15 of that Regulation.
In accordance with the procedure referred to in
Article 14 of that Regulation , measures shall be
adopted with the aim of remedying in an appropriate
manner the prejudice caused. These measures may
involve making deductions from a quota,        allocation
                                               allocation
or shareof 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 quotas were fished. These deductions and
the consequent allocations shall be made taking
into account as a matter of priority species
and zones for which annual quotas, allocations
or shares have been fixed .         These deductions
or allocations may be made during the year in
which the prejudice occurred or in the
succeeding year or years .
Detailed rules for implementing this paragraph,
and in particular for determining the
quantities concerned, shall be laid dom in
accordance with the procedure referred to in
Article 14 of Regulation (EEC) No 170/83 .
 ---pagebreak---                                                                 2$
                            TITLE      IV
                                                                   Article 12
  Implementation and verification of monitoring
                                Artide 12                                     i
      1.
      1.     Member States shall provide the Commission
      with such information as it may request on the imple¬  203
      mentation of this Regulation. In submitting a request
      for information, the Commission shall specify the
      time limit within which the information is to be
      supplied .
     2. If the Commission considers that irregularities have
   occurred in the implementation of this Regulation it
    shall inform the Member State or States concerned ,
    which shall then conduct an administrative enquiry in
   which Commission officials may participate . The
   Member State or States concerned shall inform the
    Commission of the progress and results of the enquiry
   and provide the Commission with a copy of the report
   of the enquiry and the main points used in the
   preparation of the report.
   3.      To ensure that Member States comply with this
   Regulation , the Commission may verify on the spot
   the implementation         thereof, in   liaison with the
   competent national departments .
4 . ( a ) To that end , officials authorized by the
          Commission shall be entitled to be present , as
          deemed necessary by the Commission , at
          inspections and monitoring carried out by
          national departments . The Commission shall
          establish appropriate contacts with Member
          States with a view, wherever possible, to
          establishing a mutually acceptable programme
          of inspection and monitoring . Member States
          shall cooperate with the Commission in its
          fulfilment of this task. When the Commission or
          its authorized officials meet difficulties in the
          execution of their duties , the Member States
          concerned shall provide the Commission with
          the means to accomplish its task and shall         40
          enable the Commission’s authorized officials to
          oversee the requested inspection or
          monitoring . However , where inspection at sea
          or   from    the   air  is  concerned ,  in  duly
          substantiated cases where the relevant national
          departments must carry out other priority tasks
          relating to , in particular, defence, security or
          customs inspection , the authorities of the
          Member State shall retain the right to defer or
          redirect inspection operations at which the
          Commission intends to be present ; in such
          circumstances the Member State shall cooperate
          with the Commission in making alternative
           arrangements.'
 ---pagebreak--- A f
                                                                  Article 12 ( cont .)
    (b) In the case of inspections at sea or from the air
         the commander of the vessel or aircraft shall be
         in sole charge of the operations, taking account
         of the obligation on the part of his authorities
         to implement this Regulation . Commission offi¬
         cials participating in such operations shall abide
         by the rules and practices laid down by the
         commander. •                                           20S?/?2
    (c) In all case, whether at sea , in the air nr on land,
         ( '.nitiMiluinM IIIMI'IHU KIIHII tint lmvi> rlplilk nl
         enforcement against prtvxte citizens, but shall
         accompany national inspectors who shall
         remain at all times responsible for the
        inspection operations fchich are carried
        out .
                                  t
 ---pagebreak---                                                                     Article 13
                          TITLE       V
                  Use of fishing gear                       J 205yk2
                        Article 11
If vessels are fishing for certain species in certain areas
or during certain periods for which the use of nets
with meshes smaller than those specified in the
applicable previsions is not authorized, such
                                                               l05*/zz
nets must be stowed so that they may not neadi ly
be used in accordance with the following
conditions :
(a) nets, weights and similar gear shall be
     disconnected from their trawl boards and •
     towing and hauling wires or ropes;
(b) nets which are on or above deck shall be
     securely lashed to some part of the super¬
     structure .
 ---pagebreak--- • •
                                                                     Artide 12 ( eont .)
    (b) In the case of inspections at sea or from the air
         the commander of the vessel or aircraft shall be
         in sole charge of the operations, taking account
         of the obligation on the part of his authorities
         to implement this Regulation . Commission offi¬
         cials participating in such operations shall abide
         by the rules and practices laid down by the
         commander. -                                              205?/*2
    (c) In all case, whether at sea , in the air nr on land,
         CiMiimlaainn IIIIII'IMU * II>III mil II>IVI> tljilili> ul
         eniorccment against private citizens, but shall
         accompany national inspectors who shall
         remain at all times responsible for the
        inspection operations aiiich are carried
        out .
                               t
 ---pagebreak---                                            Ih
                                                                    Article 13
                          TITLE        V
                  Use of fishing gear                       J lOSî/si
                        Artide il
If vessels are fishing for certain species in certain areas
or during certain periods for which the use of nets
with meshes smaller than those specified in the
applicable provisions is not authorized, such
nets must be stowed so that they may not readi ly
be used in accordance with the following
conditions :
(a) nets, weights and similar gear shall be
     disconnected from their trawl boards and -
     towing and hauling wires or ropes;
Cb) nets which are on or above deck shall be
     securely lashed to some part of the super¬
     structure .
 ---pagebreak---                                4s
                                                 Article 14
                  TITLE      VI
              General provisions
                  Article 13
Detailed rules for implementing Articles 3tc
10 of this Regulation shall be adopted in accor¬
dance with the procedure laid down in Article 14
of Regulation (EEC) No 170/83.
 ---pagebreak---                                                ZG
                                                             Article 15
                      Article 14
 This Regulation shall apply without prejudice to any
 national control measures which go beyond any of its
 minimum requirements, provided that they comply
 with Community law and are in conformity with the
 common fisheries policy.                               205Ï/S2
 The national measures referred to in the first para¬
 graph shall be communicated to the Commission in
 accordance with Article 2 ( 2) of Council Regulation
 ( EEC) No 101 /76 of 19 January 1976 laying down a
 common structural policy for the fishing industry (4).
(4) OJ No L 2Ü, 28. I. 1976, p. 'l9.
 ---pagebreak---                                                              Article 16
                                 Artide li
1 . Regulation ( EEC ) No 2057/82 is hereby repealed .
2 . References to the Regulation repealed under paragraph 1 shall be
construed as references to this Regulation .
References to the Articles of the repealed Regulation should be read in
accordance with the correlation table in the Annex .
 ---pagebreak---                                                                 ζξ
                                                                                       Article 17
                                        Article 16
                This Regulation shall enter into force on the third day
                 following its publication in the Official Journal of the
                 European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels ,
                                                                      For the Council
                                                                       The President
 ---pagebreak---                                          23
                                ANNEX
                              CORRELATION TABLE                               t
                                                                            ! i
I
  EË92lâ£l22-lËI£2.-îi2-£Q§ZZ§£                 Itiis_5Ê9yi§ii2D               i
                                                                                i
  Artide 1                                      Article 1
  Artide 2                                      Article 2
  Artide 3                                      Article 5
  Artide 4                                      Article 3
  Artide 5                                      Article 4
  Artide 6                                      Article 6
  Artide 7                                      Article 7
  Artide 8                                      Article 8
  Artide 9                                      Article 9
  Artide 9a                                     Article 10
  Artide 10                                     Article 11
  Artide 11                                     Article 13
  Artide 12                                     Article 12
  Artide 13                                     Article 14
  Artide 14                                     Article 15
  Artide 15                                      Article 16
  Artide 16                                      Article 17
  Annex                                          Article 13 ( a ) and ( b )