CELEX: 51994PC0516
Language: en
Date: 1994-11-22
Title: Proposal for a COUNCIL REGULATION (EC) laying down the measures to be taken in respect of operators who fail to comply with certain provisions relating to fishing contained in the Act of Accession of Norway, Austria, Finland and Sweden

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(94) 516 final
                                                        Brussels, 22.11.1994
                                         Proposal for a
                                  COUNCIL REGULATION (EC)
     laying down the measures to be taken in respect of operatois who fail to comply with
       ceitain provisions relating to fishing contained in the Act of Accession of Norway,
                                   Austria, Finland and Sweden
                               (presented by the Commission)
*t
 ---pagebreak---                               EXPLANATORY MEMORANDUM
In the framework of arrangements for access to waters, the Act of Accession of Norway,
Austria, Finland and Sweden provides for lists of Norwegian vessels authorized to carry out
fishing activities in certain waters of the present Member States, and for action to be taken
against operators that do not comply with trie arrangements.
The arrangements are similar to those applied in the framework of the Act of Accession of
Spain and Portugal, subject to a transition period of, in principle, one year.
Against this background, it would seem appropriate to apply to Norwegian vessels the same
procedures as were laid down in Council Regulation (EEC) N° 3781/85 of 31 December 1985
laying down the measures to be taken in resp>ect of operators who do not comply with certain
provisions relating to fishing contained in trie Act of Accession of Spain and Portugal.1
This proposal is based on that Regulation, and would require Norway to refrain for a certain
period from entering in the draft lists Norwegian vessels that have œmmitted infringements.
        OJ N ° L 363, 31.12.1985, p.26.
                                             6)
 ---pagebreak---                                      PROPOSALFORA
                       COUNCIL REGULATION (EQ N° ..../94
                                       of......... 1994
laying down the measures to be taken in respect of operators who fail to comply with
  ceitain provisions relating to fishing contained in the Act of Accession of Norway,
                              Austria, Finland and Sweden
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Norway, Austria, Finland and Sweden, and in
particular Article 39(8) thereof,
Having regard to the proposal from the Commission,
Whereas Article 39(2) of the Act of Accession lays down arrangements for a list ôf
Norwegian vessels authorized to fish at the same time for demersal species in waters
under the sovereignty or within the jurisdiction of the present Member States, and
whereas Article 39(4) provides for a limited number of Norwegian vessels authorized to
fish at the same time for pelagic species for limited periods in waters under the
sovereignty or within the jurisdiction of the present Member States,
Whereas, in order to ensure compliance with the ailes on access to waters and resources
laid down in the Act of Accession, it is necessary to adopt provisions under which the
Norwegian authorities prohibit, for a certain period, fishing by an operator who does not
comply with those rules, supplementing Council Regulation (EEC) N° 2847/93 of 12
October 1993 establishing a control system applicable to the common fisheries policy,1
Whereas pursuant to Article 2(3) of the Treaty of Accession of Norway, Austria, Finland
and Sweden, the institutions of the European Community may adopt before accession the
1
        OJ No L 261, 20.10.1993, p.!
                                                     ~\ Us
 ---pagebreak--- measures referred to in Article 39 of the Act of Accession, these measures entering into
force subject to and on the date of accession.
HAS ADOPTED THIS REGULATION:
                                         Article 1
This Regulation lays down measures to ensure compliance with the rules in Article 39
of the Act of Accession, governing access by "Norwegian vessels" to waters and
resources.
                                         Article 2
 1.      The competent authorities of the present Community Member States shall without
delay notify the Commission and Norway of any infringement of the rules referred to in
Article 1, giving the name and identification marks of the vessel concerned, the name of
the skipper, owner and, where appropriate, charterer, the circumstances of the
infringement and the penal, administrative or other measures taken, and any court
decision relating to such infringement.
2.       On the basis of a judicial decision notified or in any other case of recorded
 infringement of the rules mentioned in paragraph 1, Norway may no longer enter the
 vessel concerned, under the conditions provided for in Articles 3 and 4, on the draft
periodical lists which it submits to the Commission.
                                         Article 3
 1.      Subject to paragraph 2, Norway may no longer enter the vessel for which the
 infringement has been recorded pursuant to Article 2(2) on a draft periodical list during
 a period of four months; this period may be extended to up to twelve months in the case
of a further infringement.
 ---pagebreak--- 2.      In the case of the specialized fishing referred to in Article 39(4) of the Act of
Accession, the period of non-entry shall be two months and may be extended to up to
four months m the case of a further infringement.
                                         Article 4
1.      Where ft has been recorded, pursuant to Article 2(2), that a vessel has fished
without authorization, it may no longer be entered by the flag Member State on a draft
periodic list:
        (a)     for a period of four months in the case of the specialized fishing referred
                to in Article 39(4) of the Act of Accession; this period may be extended
                to up to six months in the case of a further infringement;
        (b)     for a period of eight, months in the case of demersal fishing activities
                referred to in Article 39(2) of the Act of Accession; this period may be
                extended to up to eighteen months in the case of a further infringement.
2.     HoweverT instead of taking the measures provided for in paragraph 1, the Member
State may refuse entry on a draft periodic list, for the same periods, to another vessel,
fitted out by the owner or charterer of the first vessel, which, when the infringement
occurred, appeared on a periodic list.
                                          Article 5
This Regulation shall enter into force on 1 January 1995, subject to the entry into force
of the provisions of the Treaty of Accession of Norway, Austria, Finland and Sweden
referred to in this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
done at Brussels,
                                                                    For the Council
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(94) 516 final
                                                      DOCUMENTS
EN                                                                     11 03 01
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                                Catalogue number : CB-CO-94-542-EN-C
                                                             ISBN 92-77-82401-8
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