ext/celex/31986R4027

No L 376 / 4 Official journal of the European Communities 31 . 12 . 86

COUNCIL REGULATION (EEC ) No 4027 / 86

of 18 December 1986

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 , sustained by a Member State which has not exhausted its quota , allocation or share of the stock or group of stocks concerned; whereas a compensation mechanism should be provided for that purpose , reconciling the requirements of Having regard to the Treaty establishing the European conservation with the preservation of fishing possibilities Economic Community , per species and per zone as given by the annual setting of TACs and quotas ; whereas to this end preference should be given when making these deductions and awards, either Having regard to Council Regulation (EEC ) No 170 / 83 of during the same year or during the following years , to the 25 January 1983 establishing a Community system for the species and zones for which the annual quotas , allocations conservation and management of fishery resources 0 ), and or shares have been set ; in particular Article 1 1 thereof,

Having regard to the proposal from the Commission , Whereas , when the Commission or its authorized officials encounter, in carrying out their duties, repeated and unjustified difficulties , the Commission may request of the Member State concerned , in addition to an explanation , Having regard to the opinion of the European Parliament ( 2 ), the means of fulfilling its task; whereas the Member State concerned is required to ensure fulfilment of its obligations arising from Regulation (EEC ) No 2057 / 82 , as amended by this Regulation , by facilitating the achievement of the Whereas control measures to ensure compliance with Commission's task , Community provisions regarding conservation have already been established by Regulation (EEC ) No 2057 / 82 ( 3 ), as last amended by Regulation (EEC) No 3723 / 85 ( 4 );

Whereas it is necessary for the Member States' HAS ADOPTED THIS REGULATION : inspectorates' activities to cover all fishing vessels , including those of third countries , and all activities whose monitoring would enable verification of the implementation of Regulation ( EEC) No 2057 / 82 ;

Article 1 Whereas it is appropriate to clarify the extent of the duty of the Member States to record landings of stocks or groups Regulation (EEC ) No 2057 / 82 is hereby amended as of stocks subject to total allowable catches ( TACs) or follows : quotas, whether within Community waters or not, and to enable records of such landings to be verified ; 1 . The title is replaced by the following:

'Council Regulation ( EEC ) No 2057 / 82 of 29 June Whereas , moreover, the Community is empowered internally under the Treaty to take any measures for the 1982 establishing certain control measures for fishing activities .' conservation of the biological resources of the sea ; whereas in this context provision should be made for the possibility of putting a stop to fishing once the TAC , quota , allocation or share available to the Community is exhausted ; 2 . Article 1 ( 1 ) and (2 ) is replaced by the following: whereas , however, reparation should be made for the loss ' 1 . In order to ensure compliance with all the Regulations in force concerning conservation and control measures , each Member State shall , within its (») OJ No L 24 , 27 . 1 . 1983 , p. 1 . ( 2 ) Opinion delivered on 12 December 1986 ( not yet published in territory and within maritime watery subject to its the Official Journal ). sovereignty or jurisdiction , monitor fishing activity and ( 3 ) OJ No L 220 , 29 . 7 . 1982 , p. 1 . related activities . It shall inspect fishing vessels and all ( 4 ) OJ No L 361 , 31 . 12. 1985 , p . 42 . activities whose inspection would enable verification of

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the implementation of this Regulation , including the detailed rules for the application of these Articles, in activities of landing, selling and storing fish and such a way as to be able to trace back such documents, recording landings and sales. which form the basis of the notification to the Commission referred to in paragraph 2 , over a period of three years from the beginning of the year following 2 . If the competent authorities of a Member State observe , as a result of monitoring or inspection carried the year in which the related landings were made.' out by them under paragraph 1 , that the relevant rules concerning conservation and control measures are not being complied with , they shall take penal or administrative action against the master of such a vessel 7 . The first subparagraph of Article 10 ( 3 ) is replaced by or any other person responsible.' the following:

'3 . Following notification under paragraph 2 or on its own initiative , the Commission shall fix, on the basis of 3 . The first subparagraph of Article 2 ( 1 ) is replaced by the information available , the date on which , for a the following: stock or group of stocks , the catches subject to TAC , quota or other quantitative limitation made by fishing ' 1 . The inspection and monitoring referred to in vessels flying the flag of, or registered in , any Member Article 1 shall be carried out by each Member State on State are deemed to have exhausted the quota , its own account by an inspectorate appointed by it .' allocation or share available to that Member State or , as the case may be , to the Community.

4 . Article 7 ( 1 ) is replaced by the following: When an assessment of the situation referred to in the preceding subparagraph is made , the Commission shall '1 . Without prejudice to Article 6 , the master of a advise the Member States concerned of the prospects of fishing vessel flying the flag of, or registered in , a Member State who : fishing being halted as a result of a TAC's being exhausted .' — tranships to another vessel ('the receiving vessel') any quantities of catches of a stock or group of stocks subject to a TAC or quota irrespective of the place of landing, or 8 . The following paragraph is added to Article 10 : — directly lands such quantities outside Community territory , '4 . When the Commission has , by virtue of the first shall , at the time of the transhipment or of the landing, subparagraph of paragraph 3 , halted fishing because of inform the Member State whose flag his vessel is flying the exhaustion of the TAC , quota , allocation or share or in which his vessel is registered of the species and available to the Community and it appears to the quantities involved and of the date of transfer or of Commission that a Member State has not exhausted its landing and of the location of catches by reference to quota , allocation or share on the stock or group of the smallest zone for which a TAC or quota has been stocks concerned, the following provisions shall fixed and administered . If the catches were made in apply . waters under the sovereignty or jurisdiction of third countries , this information must be indicated separately If the prejudice suffered by the Member State for which by reference to the waters of each of the third countries concerned .' fishing has been prohibited before its quota was fished has not been removed by action in accordance with the procedure laid down in Article 5 ( 1 ) of Regulation ( EEC ) No 170 / 83 X 1 ), the matter shall be referred to the Management Committee for Fishery Resources in 5. The first subparagraph of Article 9 ( 1 ) is replaced by accordance with Article 15 of that Regulation. the following: ' 1 . Member States shall ensure that all landings by In accordance with the procedure referred to in fishing vessels flying the flag of, or registered in , a Article 14 of that Regulation, measures shall be Member State of stocks or groups of stocks subject to adopted with the aim of remedying in an appropriate TACs or quotas are recorded . For this purpose, manner the prejudice caused . These measures may Member States may require that the first placing on the involve making deductions from a quota, an allocation market be made by sale by public auction .' or a part of the Member State which has overfished, the quantities so deducted to be allocated appropriately to the Member States whose fishing activities were halted before their quotas were fished . These deductions and 6 . The following paragraph is added to Article 9 : the consequent allocations are made taking into '4 . Each Member State shall keep , or cause to be kept, account as a matter of priority species and zones for records submitted to its competent authorities in which annual quotas, allocations or parts have been accordance with Articles 3 and 6 and the particular fixed . These deductions or allocations may be made

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during the year in which the prejudice occurred or in its authorized officials meet difficulties in the the succeeding year or years . execution of their duties , the Member States concerned shall provide the Commission with The detailed rules for implementing this paragraph , the means to accomplish its task and shall and in particular for determining the quantities enable the Commission's authorized officials to concerned , shall be laid down in accordance with the oversee requested actions of inspection or procedure referred to in Article 14 of Regulation (EEC) monitoring. However, where inspection at sea No 170 / 83 . or from the air is concerned , in duly substantiated cases where the relevant national O ) OJ No L 24 , 27 1 . 1983 , p. 1 .' departments must carry out other priority tasks relating to, in particular , defence, security or customs inspection , the authorities of the 9 . Article 12 (4 ) ( a) is replaced by the following : Member State shall retain the right to defer or redirect inspection operations at which the '4 . ( a ) To that end , officials authorized by the Commission intends to be present; in such Commission shall be entitled to be present, as circumstances the Member State shall cooperate deemed necessary by the Commission , at with the Commission in making alternative inspections and monitoring carried out by arrangements .' national departments . The Commission shall establish appropriate contacts with Member States with a view, wherever possible, to Article 2 establishing a mutually acceptable programme of inspection and monitoring. Member States This Regulation shall enter into force on the first day of the shall cooperate with the Commission in its month following the month of its publication in the Official fulfilment of this task . When the Commission or Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 18 December 1986 .

For the Council

The President

M. JOPLING