Council Regulation (EC) No 1721/1999 of 29 July 1999 laying down certain control measures in respect of vessels flying the flag of Non-Contracting Parties to the Convention on the Conservation of Antarctic Marine Living Resources

COUNCIL REGULATION (EC) No 1721/1999
of 29 July 1999
laying down certain control measures in respect of vessels flying the flag of Non-Contracting Parties to the Convention on the Conservation of Antarctic Marine Living Resources
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Whereas:
(1) The European Community is a Contracting Party to the Convention on the conservation of Antarctic Marine Living Resources, hereafter referred to as the "CCAMLR Convention"(3);
(2) The CCAMLR Convention provides a suitable framework for regional cooperation in the conservation and management of marine living resources through, inter alia, the setting up of a Commission for the Conservation of Antarctic Marine Living Resources, hereafter referred to as "CCAMLR" and the adoption of proposals for conservation and enforcement measures for the marine living resources of the CCAMLR Convention Area, which become binding upon Contracting Parties;
(3) The practice of operating fishing vessels under the flag of Non-Contracting Parties to the CCAMLR Convention as a means of avoiding compliance with conservation and enforcement measures established by CCAMLR remains one of the factors which seriously undermines the effectiveness of such measures and should, therefore, be discouraged;
(4) CCAMLR has consistently invited the Non-Contracting Parties concerned to either become a Party to the CCAMLR Convention or to agree to apply the conservation and enforcement measures established by CCAMLR with a view to fulfilling their responsibilities with regard to fishing vessels flying their flag;
(5) At its XVI Annual Meeting held from 27 October to 7 November 1997, CCAMLR adopted a conservation measure on a "Scheme to Promote Compliance by Non-Contracting Party Vessels with CCAMLR Conservation Measures", the objective of which is to ensure that the effectiveness of conservation and enforcement measures established by CCAMLR is not undermined by Non-Contracting Party vessels;
(6) This Scheme provides, inter alia, for the mandatory inspection of Non-Contracting Party vessels when such vessels are voluntarily in the ports of Contracting Parties, a prohibition of landings and transshipments if, in the course of such inspection, it is established that the catch has been taken in contravention of conservation and enforcement measures established by CCAMLR as well as certain other collateral measures to be taken by Contracting Parties;
(7) This conservation measure will become obligatory for all Contracting Parties with effect from 10 May 1998 and therefore it is necessary for the Community to implement it;
(8) Under the Treaty, the authority over internal waters and ports is exercised by the Member States; however, as regards access to port facilities in the Community by non-Contracting Party vessels which have been sighted engaging in fishing activities in the Convention Area, it is necessary to enact additional uniform measures at Community level so that the operations of such vessels in Community ports are regulated in order to ensure the effectiveness of the conservation and enforcement measures established by CCAMLR,