31985R3723
No L 361 / 42 31 . 12 . 85 Official Journal of the European Communities
COUNCIL REGULATION ( EEC ) No 3723 / 85
of 20 December 1985 amending Regulation (EEC) No 2057 / 82 establishing certain control measures for fishing activities by vessels of the Member States
THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas it is necessary for the better control of landings of species subject to total allowable catches and quotas to make more detailed provision concerning transhipments Having regard to the Treaty establishing the European of fish from one vessel to another ; Economic Community ,
Whereas the communicaton of more detailed or more Having regard to Council Regulation ( EEC ) No 170 / 83 of frequent information about catches to the Commission at 25 January 1983 establishing a Community system for the the latter's request would improve the control of fishing conservation and management of fishery resources 0 ), and activities ; in particular Article 11 thereof,
Whereas provision should be made for the Commission to Having regard to the proposal from the Commission , be more fully informed about the irregularities which are the subject of administrative enquiries .
Whereas Article 10 of Regulation ( EEC ) No 170 / 83 provides for the adoption of supervisory measures to ensure compliance with Community provisions regarding HAS ADOPTED THIS REGULATION : conservation ;
Whereas such measures have already been established by Article 1 Regulation ( EEC ) No 2057 / 82 ( 2 ), as amended by Regulation ( EEC ) No 1729 / 83 ( 3 ); Regulation ( EEC ) No 2057 / 82 is hereby amended as follows : Whereas it is appropriate to modify the category of persons against whom Member States should take penal or 1 . Article 1 ( 2 ) shall be replaced by the following : administrative action if a fishing vessel flying the flag of, or '2 . If the competent authorities of a Member State registered in , a Member State does not comply with the observe , as a result of an inspection carried out by them relevant regulations concerning conservation and control under paragraph 1 , that a fishing vessel flying the flag measures ; of, or registered in , a Member State does not comply with the relevant regulations concerning conservation Whereas it is appropriate to extend the provisions and control measures , they shall take penal or concerning the logbook , the declaration of landings , administrative action against the skipper of such a information about transhipments and registration of vessel or , if necessary , any other person responsible .' catches to include stocks or groups of stocks subject to quota , and to permit the inclusion of stocks not subject to 2 . Article 3 shall be replaced by the following : total allowable catches or quotas ; 'Article 3
Whereas the control of fishing activities requires that 1 . The skippers of fishing vessels flying the flag of, or Member States should verify the accuracy of entries in registered in , a Member State and fishing for a stock or logbooks ; group of stocks subject to total allowable catches ( TACs ) or quotas shall keep a logbook of their operations , indicating , as a minimum , the quantities of Whereas the control of fishing activities would be improved each species caught and kept on board , the date and by the certification of certain characteristics of fishing location of such catches by reference to the smallest vessels related to fishing activities ; zone for which a TAC or quota has been fixed and administered and the type of gear used .
(') OJ No L 24 , 27 . 1 . 1983 , p. 1 . 2 . The skipper of a fishing vessel flying the flag of, or ( 2 ) OJ No L 220 , 29 . 7 . 1982 , p. 1 . registered in , a Member State , whose vessel's overall ( 3 ) OJ No L 169 , 28 . 6 . 1983 , p. 14 . length is :
31 . 12 . 85 Official Journal of the European Communities No L 361 / 43
( a ) 10 m or under ; quantities involved and of the date of transfer or of landing and of the location of catches by reference to the smallest zone for which a TAC or quota has been (b) over 10 m but not over 17 m if carrying out a fixed and administered . If the catches have been made fishing voyage outside the Skagerrak or the Kattegat of a maximum of 24 hours measured from the time in waters under the sovereignty or jurisdiction of third countries , this information must be indicated separately of leaving port to the time of re-entering port; or by reference to the waters of each of the third countries concerned . (c) 12 m or under , if operating in the Skagerrak or the Kattegat, shall be exempted from the obligations defined in paragraph 1 . 2 . Before the beginning and at the end of a transhipment or a series of transhipments , when this 3 . Member States shall take appropriate measures takes place in a port or the maritime waters subject to to verify the accuracy of the entries made under para graph 1 .'; the sovereignty or jurisdiction of a Member State , the skipper of the receiving vessel shall inform the competent authorities of this Member State of the 3 . The following point ( f) shall be added to Article 4 : quantities of catches of a stock or group of stocks subject to a TAC or quota on board his vessel . '(f) the certification of the characteristics of fishing vessels related to fishing activities'.
The skipper of the receiving vessel shall keep details of 4. Article 6(1 ) shall be replaced by the following : the quantities of catches of a stock or group of stocks subject to a TAC or quota received by transhipment , 'At the time of landing after each voyage , the skipper of of the date of receipt , and of the vessel transhipping each fishing vessel , the overall length of which is over such catches to the receiving vessel . This requirement 10 m , flying the flag of, or registered in , a Member shall be deemed to be met by retaining copies of the State or his agent shall submit to the authorities of the transhipping declaration provided in accordance with Member States whose landing places he uses a the detailed rules for recording information on Member declaration , for the accuracy of which the skipper shall States' catches of fish . At the end of the transhipment be held primarily responsible , indicating , as a or series of transhipments the skipper of the receiving minimum , for each stock or group of stocks subject to a vessel shall transmit these details to the competent authorities referred to above within 24 hours . TAC or quota , the quantities landed and indicating the location of catches by reference to the smallest zone for which a TAC or quota has been fixed and administered . Where the catches have been made in waters under the sovereignty or jurisdiction of third The skipper of the receiving vessel shall also keep countries , this information shall be listed separately by details of the quantities of catches of a stock or group reference to the waters of each of the third countries of stocks subject to a TAC or quota which are concerned .' transhipped by the receiving vessel to a third vessel , and shall inform the competent authorities referred to above of such transhipment at least 24 hours before it takes place , and of the quantities transhipped after it 5 . Article 7 shall be replaced by the following : has taken place .
The skipper of the receiving vessel and of the third 1 . Without prejudice to Article 6 , the skipper of a vessel referred to above shall permit the competent fishing vessel as referred to in Article 1 who : authorities referred to above to verify the accuracy of the information and details required by this — tranships to another vessel ("the receiving vessel ) paragraph . any quantities of catches of a stock or group of stocks subject to a TAC or quota , irrespective of the place of landing , or 3 . Member States shall take appropriate measures to verify the accuracy of the information received under — directly lands such quantities outside Community paragraphs 1 and 2 , and shall , where appropriate , territory , inform the Member State or Member States in which the receiving vessel and the fishing vessel transhipping shall at the time of the transhipment or of the landing to the receiving vessel are registered or whose flag they inform the Member State whose flag his vessel is flying are flying , of such information and of the results of verification . or in which his vessel is registered of the species and
No L 361 / 44 31 . 12 . 85 Official Journal of the European Communities
4 . Paragraphs 2 and 3 apply also to a receiving vessel quota levels , provide more detailed or more frequent flying the flag of or registered in a third country .' information than this paragraph requires .
3 . The Commission shall inform Member States of the 6 . Article 9 shall be replaced by the following : notifications received pursuant to this Article within 10 days of the date on which it received them .'; 'Article 9 1 . Member States shall ensure that all landings of 7 . The following Article 9 a shall be inserted : stocks or groups of stocks subject to TACs or quotas ''Article 9 a are recorded . For this purpose , Member States may require that the first placing on the market be made by In accordance with the procedure laid down in sale by public auction . Article 13 , additional stocks or groups of stocks may be made subject to Articles 3 , 6 , 7 , 8 and 9 .'; Where catches of stocks or groups of stocks subject to TACs or quotas are not placed for the first time on the 8 . Article 12 ( 2 ) shall be replaced by the following: market by means of sale by public auction , Member States shall ensure that the quantities involved are '2 . If the Commission considers that irregularities have notified to the centres for sales by public auction or to occurred in the implementation of this Regulation it the bodies designated by such States . shall inform the Member State or States concerned , which shall then conduct an administrative enquiry in 2 . Before the 15th of each month , each Member State which Commission officials may participate . The shall notify the Commission of the quantities of each Member State or States concerned shall inform the stock or group of stocks subject to TACs or quotas Commission of the progress and results of the enquiry landed during the preceding month and shall provide it and provide the Commission with a copy of the report with any information received under Articles 7 and 8 . of the enquiry and the main points used in the Notifications to the Commission shall indicate the preparation of the report .' location of the catches as laid down in Articles 3 and 6 and the nationality of the fishing vessels concerned . Article 2 Without prejudice to the other provisions of this paragraph Member States shall , at the request of the This Regulation shall enter into force on the first day of the Commission where catches of stocks or groups of month following the month of its publication in the Official stocks subject to TACs or quotas may reach TAC or Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 20 December 1985 .
For the Council
The Président
R. STEICHEN