CELEX: 51993PC0343
Language: en
Date: 1993-07-20
Title: Proposal for a COUNCIL REGULATION (EEC) setting the terms under which fishing vessels flying a third country flag may land and market their catches at Community ports

No C 219 / 16                         Official Journal of the European Communities                                 13 . 8 . 93
— any direct or indirect refund of fees is prohibited.           to the urgency of the matter, if necessary by taking a
                                                                 vote .
                         Article 2
                                                                 The opinion shall be recorded in the minutes ; in addition
The following shall be determined in accordance with             each Member State shall have the right to ask to have its
the procedure laid down in Article 4 :                           position recorded in the minutes.
— the levels of the fees referred to in Article 1 ,              The Commission shall take the utmost account of the
                                                                 opinion delivered by the Committee. It shall inform the
— detailed rules for the application of Article 1 .     I
                                                                 Committee of the manner in which its opinion has been
                                                                 taken into account.
                         Article 3
Articles 4 (4) and 15 of Directive 91 /496/EEC are                                          Article 5
deleted .
                                                                 Member States shall bring into force the laws, regu­
                                                                 lations and administrative provisions necessary to comply
                         Article 4                               with this Directive not later than 31 December 1993 .
                                                                 They shall immediately inform the Commission thereof.
( 1 ) The Commission shall be assisted by the Standing
Veterinary Committee, hereinafter referred to as 'the            When Member States adopt these provisions, these shall
Committee'.
                                                                 contain a reference to this Directive or shall be ac­
(2) Where the procedure laid down in this Article is             companied by such reference at the time of their official
to be followed, the following provisions shall apply :           publication. The procedure for such reference shall be
                                                                 adopted by Member States .
The representative of the Commission shall submit to the
Committee a draft of the measures to be taken . The                                         Article 6
Committee shall deliver its opinion on the draft within a
time limit which the Chairman may lay down according             This Directive is addressed to the Member States .
             Proposal for a Council Regulation (EEC) setting the terms under which fishing vessels flying a
                       third country flag may land and market their catches at Community ports
                                                       (93 /C 219/06)
                                                    COM(93) 343 final
                                      (Submitted by the Commission on 20 July 1993)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          country vessels to internal waters and ports is to be
                                                                  exercised by the Member State ; whereas however, as
Having regard to the Treaty establishing the European            regards access to ports by fishing vessels for direct
Economic Community, and in particular Article 43                 landing and marketing of their catches, additional
thereof,                                                         uniform measures should be enacted at Community level
                                                                  so that such operations are effected in a manner not
                                                                  liable to affect operation of the common fisheries policy;
Having regard to the proposal from the Commission,
Having regard to the opinion of the European                     Whereas under the common fisheries policy Community
Parliament,                                                      production is subject to observance of strict rules on
                                                                 management and conservation of resources and health
                                                                  and marketing standards ; whereas organization of the
Having regard to the opinion of the Economic and                 market in fishery products depends largely on the
Social Committee,                                                capacity of producers' organizations to regulate supply
                                                                  and prices by imposing rules on their members designed,
Whereas as far as the EEC Treaty is concerned the                in line with the EEC Treaty objectives, to boost their
authority of the coastal State as regards access of third        incomes ;
 ---pagebreak--- 13 . 8 . 93                             Official Journal of the European Communities                             No C 219 / 17
Whereas fishing vessels flying third country flags that               — a vessel that, even if not itself used to take fishery
directly land and market their catches at Community                       products, takes them by transhipment from other
ports import under particularly favourable conditions by                  vessels, whether or not any processing, preser­
comparison with imports of the same type made by other                    vation or packaging is carried out on board on
means of transport; whereas measures should be adopted                    these products ;
to ensure that such imports meet the health and
marketing standards applicable to Community
production ;                                                      2. fishery products : all products covered by Chapter 3 of
                                                                      Annex I to Council Regulation (EEC) No 2658 / 87 of
                                                                      23 July 1987 on the tariff and statistical nomenclature
Whereas in particular landing should be permitted only                and on the Common Customs Tariff (*), as last
at ports where control facilities are available at all times,         amended by Commission Regulation (EEC) No
and masters should be required to notify the control                  2505/92 of 14 July 1992 (2).
authorities in advance of their port and time of arrival ;
                                                                                             Article 3
Whereas the advantages conferred by direct landing
must not, in areas where producers' organizations are              1.    Fishing vessels as indicated in Article 1 may not
active, imperil the effectiveness of the measures adopted         land their catches for release for free circulation and
by them in operation of the market organization mech­             marketing except at ports equipped to carry out at any
anisms ; whereas marketing of the catches of third                time all the health and veterinary checks provided for by
country vessels should therefore be made subject to               the rules in force for fishery products from third
compliance with these measures ;                                  countries .
Whereas direct landings from third country vessels must           2.     Before the date on which this Regulation becomes
not impair the market balance sought for certain                   applicable Member States shall send the Commission a
products by means of the price mechanisms introduced              list of their ports meeting the requirements indicated in
as part of the market organization and must not present           paragraph 1 . They shall subsequently, whenever
any threat of unfair competition with Community                   necessary, notify changes to the list so that these can be
production ; whereas sales of these products must                 published.
therefore respect price levels set by the Community;
                                                                  The Commission shall publish the list of ports and
Whereas the application of this Regulation will require           changes therein in the Official Journal of the European
adequate provision of information at ports where direct            Communities series C.
landing and sale by third country vessels is permitted,
                                                                                             Article 4
HAS ADOPTED THIS REGULATION :
                                                                   1 . Without prejudice to the provisions of fisheries
                                                                  agreements concluded between the Community and
                                                                  certain third countries, the master of a fishing vessel as
                           Article 1                              indicated in Article 1 must notify the competent auth­
                                                                  orities of the Member State where he wishes to use
On the terms of this Regulation vessels flying the flag of
or registered in a third country are authorized to land at        landing facilities of his time of arrival at the port of
ports of Member States of the Community, for release              landing. No landing may be carried out unless the
                                                                  competent authorities of the Member State attend the
for free circulation and marketing, their catches and             operation.
those of other vessels transhipped at sea.
                                                                  2. Fishery products landed from a vessel indicated in
                           Article 2
                                                                  Article 1 may not be sold by public auction :
For the purposes of this Regulation the following defi­
nitions shall apply :
                                                                  (a) until the master has drawn up and given to the
                                                                       competent authorities a statement of the quantities of
1 . fishing vessel:                                                    each species landed ; and
    — a vessel, whatever its dimensions and whatever
         methods and gear are employed, used primarily or         O OJ No L 256, 7. 9. 1987, p. 1 .
         secondarily to take fishery products,                    O OJ No L 267, 14. 9. 1992, p. 1 .
 ---pagebreak---  No C 219/ 18                              Official Journal of the European Communities                                  13 . 8 . 93
 (b) the competent authorities have effected                         be sold only in compliance with the rules set by that
     — the health and veterinary checks provided for
                                                                     organization on withdrawal or selling price, on quality
         by     Council         Directives     90/675 /EEC (x),
                                                                     or for the purpose of regulating supply.
         91 /492/EEC O and 91 /493 /EEC (J), and
                                                                     Where landing and sale take place outside such an area
     — checks on compliance with the common                          products listed under Annex 1 A, D or E of Regulation
         marketing standards set for certain fresh and                (EEC) No 3759/92 may under no circumstances be sold
         chilled fish by Council Regulation (EEC) No                 below the Community withdrawal or selling price set for
         103/76 (4) and for certain crustaceans by Council           the current marketing year under Article 11 or 13 of that
         Regulation (EEC) No 104/76 (5).                             Regulation.
3.     Should fishery products landed from a vessel as               2. Fishery products landed directly from a vessel as
indicated in Article 1 be put up for sale other than by              indicated in Article 1 that are listed in Annex II to Regu­
public auction the sale shall be valid and the products              lation (EEC) No 3759/92 may not be sold below the
may be removed by the purchaser only after the                       threshold price set by Article 16 (2) of that Regulation
statement specified at (a) in paragraph 2 has been                   for triggering off private storage aid.
produced and the checks specified at (b) in paragraph 2
have been effected with a satisfactory outcome.                      3.    If the products are listed in Annexes IV B or V of
                                                                     Regulation (EEC) No 3759/92 they may not be sold
4.    Customs clearance may be effected only following               below the price set under Article 22 ( 1 ) of that Regu­
production of evidence that the outcome of the checks                lation.
specified in paragraph 2 is satisfactory.
                                                                                               Article 6
                             Article 5
                                                                     Member States shall take suitable action to ensure
1 . Where fishery products landed directly from a                    compliance with this Regulation, inform vessel masters
vessel as indicated in Article 1 are listed in by Annexes I          of their obligations and publish at ports the prices that
or VI to Council Regulation (EEC) No 3759/92 of 17                   must be respected under Article 5 .
December 1992 on the common organization of the
market in fishery and aquaculture products (6) and are
                                                                                               Article 7
landed or put up for sale within the area of activity for
which a producer's organization is recognized, they may              This Regulation shall enter into force seven days after its
                                                                     publication in the Official Journal of the European
O   OJ  No  L 373, 31 . 12. 1990, p. 1 .                             Communities.
O   OJ  No  L 268 , 24. 9. 1991 , p. 1 .
0)  OJ  No  L 268, 24. 9. 1991 , p. 15.                              It shall apply from . . .
(4) OJ  No  L 20, 28 . 1 . 1976, p. 29.
O   OJ  No  L 20, 28 . 1 . 1976, p. 35.                              This Regulation shall be binding in its entirety and
C)  OJ  No  L 388, 31 . 12. 1992, p. 1 .                             directly applicable in all Member States.