31970R2141
Official Journal of the European Communities 703
27.10.70 Official Journal of the European Communities No L 236 / 1
REGULATION (EEC) No 2141 /70 OF THE COUNCIL
of 20 October 1970 laying down a common structural policy for the fishing industry
THE COUNCIL OF THE EUROPEAN COMMUNITIES, standard of living ; whereas, to that end, Member States should be authorised to grant financial aid so Having regard to the Treaty establishing the that these aims may be achieved in accordance with European Economic Community, and in particular Community rules to be laid down ; whereas, Articles 7, 42 , 43 and 235 thereof; moreover, common action to achieve these aims may be financed by the Community, if it relates to the aims referred to in Article 39 ( 1 ) ( a) of the Treaty ; Having regard to the proposal from the Commission ;
Whereas .the establishment of a Standing Committee Having regard to the Opinion of the European for the Fishing Industry will facilitate the Parliament1 ; development and implementation of a common structural policy for this industry by co-ordinating Having regard to the Opinion of the Economic and the policies of Member States and by ensuring Social Committee2 ; constant co-operation between these States and the Commission ; whereas, moreover, a constant Whereas the establishment of a common organisation exchange of information between Member States and of the market in fishery products must be the Commission is essential for the effective supplemented by the establishment of a common co-ordination of these policies and must serve as a structural policy for the fishing industry ; basis for any measures which may be adopted to improve the structures in question ; Whereas sea fisheries form the most important part of the fishing industry as a whole; whereas they have whereas in particular the Commission must express their own social structure and fish under special its opinion on the projects and programmes conditions ; envisaged by Member States in this Connection ;
Whereas, subject to certain specific conditions HAS ADOPTED THIS REGULATION : concerning the flag or the registration of their ships , Community fishermen must have equal access to and Article 1 use of fishing grounds in maritime waters coming under the sovereignty or within the jurisdiction of Member States ; whereas, however, exception to this Common rules shall , be laid down for fishing in rule may be permitted transitionally for certain types maritime waters and specific measures shall be of fishing carried on by local populations whose adopted for appropriate action and the co-ordination livelihood depends principally on inshore fishing ; of structural policies of Member States for the fishing industry to promote harmonious and balanced Whereas the Community must be able to adopt development of this industry within the general measures to safeguard the stocks of fish present in economy and to encourage rational use of the the waters in question ; biological resources of the sea and of inland waters.
Whereas it is important that the fishing industry Article 2 should develop along rational lines and that those who live by that industry should be assured of a fair 1 . Rules applied by each Member State in respect of fishing in the maritime waters coming under its 1 OJ No C 116, 8.11.1968, p. 3005 . sovereignty or within its jurisdiction shall not lead to 2 OJ No C 76, 17.6.1969, p . 11 . differences in treatment of other Member States .
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Member States shall ensure in particular equal Article 6 conditions of access to and use of the fishing grounds situated in the waters referred to in the preceding 1 . From the entry into force of this Regulation subparagraph for all fishing vessels flying the flag of Member States shall co-ordinate their structural a Member State and registered in Community policies for the fishing industry. territory. To that end they shall notify the Commission each 2. Member States shall notify other Member States year of: and the Commission of the existing laws and — the structural situation, taking into account administrative rules and regulations in the field regional conditions and regional development referred to in the first subparagraph of paragraph 1 policies ; together with those arising out of application of the provisions referred to in the second subparagraph of — liaison between structures of the fishing industry that paragraph. and market policy;
— the nature and extent of measures , for structural 3 . The maritime waters referred to in this Article improvement planned for the current year ; shall be those which are so described by the laws in force in each Member State . — annual and multi-annual programmes and projects for research and scientific and technical assistance adopted by the public authorities or Article 3 . financially assisted by them and . any other information enabling efforts made in this field, and in particular financial outlay by public Member States shall notify other Member. States and authorities, to be assessed. the Commission of any alterations they intend to make to fishery rules laid down pursuant to Article 2 . 2 . After consulting the Committee referred to in Article 12 , the Commission shall decide the form and Article 4 date of submission of the documents to be supplied by Member States. 1 . By way of derogation from the provisions of Article 2, access to certain fishing grounds situated Article 7 within a limit of . three nautical miles calculated from the base lines of the Member State bordering on the 1 . Each year the Commission shall submit a report areas concerned may be limited, for certain types of to the European Parliament and to the Council on fishing and for a period not exceeding five years from structures for the fishing industry. the time of entry into force of this Regulation , to the local population of the coastal regions concerned if 2 . That report shall include : that population depends primarily on inshore fishing. ( a) a review of the structural situation of the fishing industry and the policies followed by Member 2. The fishing areas and types of fishing referred States, and an inventory of the measures adopted to in paragraph 1 shall be specified by the Council, within the framework of these policies ; acting by qualified majority on a proposal from the Commission . .(b) a study on the nature, geographical distribution, scope and financing of these measures, together with their effectiveness in relation to the Article 5 objectives of the common fisheries policy and the probable outlets for fishery products in the long term . Where there is a risk of over-fishing of certain stocks in the maritime waters referred to in Article 2, of one (c) information concerning co-ordination on a or other Member State, the Council , acting in Community scale of structural policies for the accordance with the procedure provided for in fishing industry, covering; Article 43 (2) of the Treaty on a proposal from the Commission may adopt the necessary conservation — measures adopted; measures . — Community financing; — results of these . measures and financing; In particular, these measures may include restrictions relating to the catching of certain species, to areas, to (d) a review of the situation regarding research and fishing seasons, to methods of fishing and to fishing scientific and technical assistance in each gear . Member State .
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Article 8 the Commission in good time, in so far as they refer to structural improvements for the fishing industry; Measures to co-ordinate the polices of Member States — as far as possible, drafts of provisions which have on research and scientific and technical assistance for been laid down by law, regulation or the fishing industry shall be adopted in accordance administrative action , or, failing this, a description with the procedure laid down in Article 43 (2) of the of the general lines of the measures proposed ; Treaty. — proposed multi-annual plans and regional programmes . Article 9
2 . The Commission : 1 . Member States may grant financial aid in so far as the operations to which this relates contribute to — may express its opinion on the provisions which the achievement of the aims referred to in Article 10 . have been laid down by law, regulation or administrative action, and on multi-annual plans 2 . Common rules fixing the conditions for and regional programmes of which it is notified granting the aid referred to in paragraph 1 shall be pursuant to Article 6 ; laid down before 1 June 1971 in accordance with the — must express its opinion on these when a Member procedure laid down in Article 43 (2) of the Treatv. State so requests .
Article 10 Article 12 1 . To promote the rational development of the fishing industry within the framework of economic 1 . A Standing Committee for the Fishing Industry growth and social progress and to ensure an (hereinafter called the ' Committee') is hereby equitable standard of living for the population which established to promote the co-ordination of structural depends on fishing for its livelihood, specific policies for the fishing industry and to ensure close measures for appropriate action pursuant to Article 1 and constant co-operation between Member States must contribute to : and the Commission .
— increased productivity through restructuring of 2. The Committee shall be composed of fishing fleets and other means of production , in representatives of each Member State. It shall be keeping with technical progress, and under the chairmanship of a representative of the intensification of the search for new fishing Commission . grounds and new methods of fishing; — adaptation of production and marketing 3 . Secretarial services shall be provided for the conditions to market requirements, particularly Committee by the Commission . through development of canning and processing installations, to make the activities of producers 4 . The Committee shall adopt its own rules of organisations more effective ; procedure.
— the improvement, in step with technical progress , Article 13 of the standard and conditions of living of the population which depends on fishing for its livelihood . For the fishing industry as a whole, the Committee shall be required : 2. The provisions of paragraph 1 , in so far as they — to ensure that Member States and the relate to the objectives set out in Article 39 ( 1 ) ( a) of Commission are kept mutually informed of the Treaty, may be the subject of common action structural policies and in particular of measures ' within the meaning of Article 6 ( 1 ) of Council governing sea fishing ; Regulation (EEC) No 729/701 of 21 April 1970 on the financing of the common agricultural policy. — to study structural policies of Member States and measures and programmes provided for by the latter to improve structures in this field ; Article 11 — to assist the Commission in the preparation of Parts ( a) and (d ) of the report on structures for 1 . Without prejudice to the provisions of Article 3 , the fishing industry provided for in Article 7 ; Member States shall send the following documents to — to deliver opinions at the request of the Commission on structural problems of the fishing 1 OJ No L 94, 28.4.1970, p . 13 . industry.
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Article 14 Article 15
Where Council Regulation No 17/64/EEC1 of 5 This Regulation shall enter into force on the third February 1964 on conditions for obtaining aid from day following its publication in the Official Journal the European Agricultural Guidance and Guarantee of the European Communities . Fund and texts resulting therefrom refer to the Standing Committee on Agricultural Structures, The rules laid down by this Regulation shall apply the latter shall be replaced for all problems relating from 1 February 1971 , except for the provisions of to the fishing industry by the Standing Committee for Article 10, which may apply from the date of entry the Fishing Industry. into force of this Regulation .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Luxembourg, 20 October 1970.
For the Council
The President
H. D. GRIESAU
1 OJ No 34, 27.2.1964, p. 586/64.