COUNCIL REGULATION (EEC) No 2104/93 of 22 July 1993 amending Regulation (EEC) No 1382/91 on the submission of data on the landings of fishery products in Member States
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas, with the creation of the European Economic Area (EEA), the management of the market in fishery products would be enhanced by the existence of harmonized statistics on the landings of fishery products in all countries of the EEA;
Whereas, in Annex XXI.25 to the Agreement on the European Economic Area, the member countries of the European Free Trade Association (EFTA) have undertaken to submit to the Commission monthly data on the landings of fishery products in those countries  by Community and EFTA vessels and, on an optimal basis, by vessels of third countries, starting at the latest in January 1995;
Whereas the need for harmonized statistics requires that the data submitted by the Community Member States under the provisions of Regulation (EEC) No 1382/91 (3) should be extended to include submissions of data on landings by EFTA vessels and, on an  optional basis, by vessels of third countries;
Whereas the additional data required are generally already collected and processed by the competent authorities in Community Member States;
Whereas, in the course of implementing Regulation (EEC) No 1382/91, certain minor discrepancies have come to light in the identification of the products for which data are required and it is desirable in introduce a harmonized format for the submission  of data on magnetic media,
Article 1 of Regulation (EEC) No 1382/91 shall be replaced by the following:
'Article 1
Each Member State shall submit to the Commission data on the quantity and average price of fishery products landed by Community fishing vessels and by EFTA vessels in each calendar month in its territory taking due account of Council Regulation  (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (*).
For the purposes of this Regulation, "landings of fishery products" shall be:
- the products discharged by fishing vessels or other components of the fishing fleet,
- the products discharged by vessels of Member States in non-Community ports and covered by Document T2M annexed to Commission Regulation (EEC) No 137/79 (**), and
- the products transhipped to vessels of third countries from Community fishing vessels and other components of the Community fishing fleet within the territory of that Member State.
The Member States shall ensure that, except where derogations are granted in accordance with Article 5 (4), the date submitted shall cover all landings of the fishery products listed in Annex I in that calendar month. However, sampling techniques may be  used to estimate up to 10 % by weight of the fishery products landed in that month. These sampling techniques shall be reported under the provisions of Articles 5 (1) and 5 (2).
(*) OJ No L 151, 15. 6. 1990, p. 1.
(**) OJ No L 20, 27. 1. 1979, p. 1. Regulation as last amended by Regulation (EEC) No 3399/91 (OJ No L 320, 22. 11. 1991, p. 19).'
Article 4 of Regulation (EEC) No 1382/91 shall be replaced by the following:
'Article 4
1. Member States shall fulfil their obligations to the Commission pursuant to Articles 1 and 2 by submitting the data on magnetic media, the format of which is given in Annex IV.
2. Where Member States experience difficulty in submitting the data on magnetic medium, the data shall be submitted to the Commission in the form shown in Annex III.'
Annexes I, II and III to Regulation (EEC) No 1382/91 shall be replaced by the Annexes appearing in Annex A to this Regulation.
Annex IV appearing in Annex B to this Regulation shall be added to Regulation (EEC) No 1382/91.
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.