Council Regulation (EEC) No 3483/88 of 7 November 1988 amending Regulation (EEC) No 2241/87 establishing certain control measures for fishing activities

COUNCIL  REGULATION ( EEC ) NO 3483/88
OF 7 NOVEMBER 1988
AMENDING REGULATION ( EEC ) NO 2241/87 ESTABLISHING CERTAIN CONTROL MEASURES FOR FISHING ACTIVITIES
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 170/83 OF 25 JANUARY 1983 ESTABLISHING A COMMUNITY SYSTEM FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES ( 1 ), AS AMENDED BY THE ACT OF ACCESSION OF SPAIN AND PORTUGAL, AND IN PARTICULAR ARTICLE 11 THEREOF,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION,
WHEREAS EXPERIENCE HAS SHOWN THE NEED TO STRENGTHEN THE APPLICATION OF THE FISHERIES CONSERVATION RULES BY IMPROVING CO-OPERATION BETWEEN THE MEMBER STATES IN PREVENTING OVERFISHING;
WHEREAS IT IS NECESSARY TO PROVIDE FOR MEMBER STATES TO OBTAIN, AT THEIR REQUEST, MORE RAPID AND MORE DETAILED INFORMATION ON THE LANDINGS OF THEIR VESSELS IN ANOTHER MEMBER STATES;
WHEREAS ARTICLE 5 ( 2 ) OF REGULATION ( EEC ) NO 170/83 PROVIDES THAT MEMBER STATES SHALL DETERMINE THE DETAILED RULES FOR THE UTILIZATION OF THE QUOTAS ALLOCATED TO THEM; WHEREAS ARTICLE 15 OF REGULATION ( EEC ) NO 2241/87 ( 1 ) RECOGNIZES THAT MEMBER STATES MAY TAKE NATIONAL CONTROL MEASURES WHICH GO BEYOND THE MINIMUM REQUIREMENTS OF THE REGULATION;
WHEREAS THE AFOREMENTIONED DETAILED RULES AND NATIONAL MEASURES MAY INCLUDE THE SUBJECTING OF FISHING ON A GIVEN STOCK TO THE POSSESSION OF A LICENCE AND MAY ALSO INCLUDE, IN CASES WHERE THERE HAS BEEN FAILURE TO RESPECT A CONSERVATION MEASURE, A REQUIREMENT THAT, WHEN LANDING OUTSIDE THE MEMBER STATE OF REGISTRATION, THE VESSEL CONCERNED HAS ON BOARD A DOCUMENT ISSUED BY THAT MEMBER STATES AND CERTIFYING THAT THE MEMBER STATE HAS RECENTLY INSPECTED THE VESSEL;
WHEREAS, SUBJECT TO CERTAIN CONDITIONS, AN UNLICENSED VESSEL OR A VESSEL WHICH IS NOT IN POSSESSON OF THE REQUIRED CERTIFICATE SHOULD BE PROHIBITED FROM LANDING FISH;
WHEREAS INFRINGEMENTS AGAINST SUCH PROHIBITIONS SHOULD BE EFFECTIVELY PURSUED BY THE MEMBER STATE OF LANDING; WHEREAS, HOWEVER, THE TRANSFER OF EFFECTIVE PURSUIT OF INFRINGEMENTS FROM THE MEMBER STATE OF LANDING OR TRANSHIPMENT TO THE MEMBER STATE OF REGISTRATION SHOULD NOT, IN CERTAIN CIRCUMSTANCES, BE PREVENTED;
WHEREAS THE FAILURE BY A MEMBER STATE EFFECTIVELY TO PURSUE SUCH INFRINGEMENTS WILL WEAKEN THE ABILITY OF THE MEMBER STATE OF REGISTRATION TO ENSURE COMPLIANCE WITH THE REGIME OF CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES; WHEREAS IT IS THEREFORE NECESSARY TO PROVIDE FOR CATCHES TO COUNT AGAINST THE QUOTA OF THE MEMBER STATE OF LANDING SHOULD THE LATTER FAIL TO TAKE EFFECTIVE ACTION; WHEREAS SUCH A PROVISION SHOULD ALSO APPLY IN CASES WHERE A MEMBER STATE HAS FAILED TO TAKE EFFECTIVE ACTION AGAINST THE INFRINGEMENT OF LANDING FISH UNDER A QUOTA ON WHICH FISHING HAS BEEN PROHIBITED BY THE COMMISSION;
WHEREAS IT IS THEREFORE APPROPRIATE TO AMEND REGULATION ( EEC ) NO 2241/87,