Regulation 1985/3781 - Measures to be taken in respect of operators who do not comply with certain provisions relating to fishing contained in the Act of Accession of Spain and Portugal - Main contents

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Council Regulation (EEC) No 3781/85 of 31 December 1985 laying down the measures to be taken in respect of operators who do not comply with certain provisions relating to fishing contained in the Act of Accession of Spain and Portugal

Official Journal L 363 , 31/12/1985 P. 0026 - 0027

Finnish special edition: Chapter 4 Volume 2 P. 0102

Spanish special edition: Chapter 04 Volume 4 P. 0233

Swedish special edition: Chapter 4 Volume 2 P. 0102

Portuguese special edition Chapter 04 Volume 4 P. 0233

COUNCIL REGULATION (EEC) N° 3781/85

of 31 December 1985

laying down the measures to be taken in respect of operators who do not comply with certain provisions relating to fishing contained in the Act of Accession of Spain and Portugal

THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 163 (3), 164 (2), 165 (8), 349 (5), 351 (5) and 352 (9) thereof,Having regard to the proposal from the Commission,Whereas, in order to ensure compliance with the rules on access to waters and resources laid down in the Act of Accession, it is necessary to adopt provisions under which Member States prohibit, for a certain period, fishing by an operator who does not comply with those rules, supplementing Council Regulation (EEC) N° 2057/82 of 29 June 1982 establishing certain control measures for fishing activities by vessels of the Member States (1), as last amended by Regulation (EEC) N° 3723/85 (2);Whereas, pursuant to Article 164 (2) of the Act of Accession, the specialized fishing activities of vessels flying the flag of a present Member State in the waters falling under the sovereignty or within the jurisdiction of Spain are to be carried out in accordance with the same access and control procedures as those specified for Spanish vessels authorized to carry out their fishing acitivities in the fishing zones of the present Member States; whereas, as regards the other fishing activities carried out under Article 164 (1) of the Act of Accession, it is appropriate to apply to the vessels concerned arrangements comparable to those applicable to the non-specialized fishing activities of vessels flying the flag of Spain in waters falling under the sovereignty or within the jurisdiction of the present Member States;Whereas provision should be made for adopting the necessary implementing rules in accordance with the procedure laid down in Article 14 of Council Regulation (EEC) N° 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources (3);Whereas, pursuant to Article 2 (3) of the Treaty of Accession of Spain and Portugal, the institutions of the European Communities may adopt before accession the measures referred to in Articles 163, 164, 165, 349, 351 and 352 of the Act of Accession, these measures entering into force subject to and on the date of accession.

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down the measures intended to ensure compliance with the rules on access to waters and resources contained in Articles 163, 164, 165, 349, 351 and 352 of the Act of Accession by fishing vessels flying the flag of a Member State or registered in a Member State.

Article 2

• 1. 

  The competent authorities of Member States shall without delay notify the Commission and the flag Member State or the Member State of registration, hereinafter referred to as the 'Member State', of any infringement of the rules referred to in Article 1, giving the name and identification marks of the vessel concerned, the name of the skipper, owner and, where appropriate, charterer, the circumstances of the infringement and any penal, administrative or other measures taken, and any court decision relating to such infringement.2. On the basis of a judicial decision notified or in any other case of recorded infringement of the rules mentioned in paragraph 1, the Member...

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