Regulation 1994/3317 - General provisions concerning the authorization of fishing in the waters of a third country under a fisheries agreement - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 1994/3317
Original proposal	COM(1993)496
CELEX number i	31994R3317

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Council Regulation (EC) No 3317/94 of 22 December 1994 laying down general provisions concerning the authorization of fishing in the waters of a third country under a fisheries agreement

Official Journal L 350 , 31/12/1994 P. 0013 - 0014

Finnish special edition: Chapter 4 Volume 7 P. 0042

Swedish special edition: Chapter 4 Volume 7 P. 0042

COUNCIL REGULATION (EC) No 3317/94 of 22 December 1994 laying down general provisions concerning the authorization of fishing in the waters of a third country under a fisheries agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European 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),

Having regard to the Opinion of the Economic and Social Committee (3),

Whereas, under Article 17 of Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits (4), the Council is required to take a decision on the general provisions concerning fishing permits applicable to Community fishing vessels operating in the waters of a third country under a fisheries agreement between the Community and that country;

Whereas, in order to ensure the effective and transparent management of fishing activities carried on by Community vessels under fishing agreements between the Community and third countries, it is necessary that each Member State should act to authorize those of its fishing vessels which have obtained a third-country fishing licence to carry on such activities and whereas fishing in third-country waters without such a licence must be prohibited in order that the Community's commitments vis-à-vis third countries may be honoured;

Whereas it is necessary to lay down the procedures to be followed by the Commission and the flag Member State to enable these activities to be managed, and to draw up the rules for implementing the said procedures,

HAS ADOPTED THIS REGULATION:

Article 1

• 1. 

  This Regulation lays down general provisions concerning fishing by Community fishing vessels in the waters of a third country under a fisheries agreement between the Community and that country, where such activities are made subject to the requirement of a fishing licence from that third country.

• 2. 

  Only Community fishing vessels with a valid fisheries-agreement fishing permit may carry on their fishing activities in the waters of a third country under a fisheries agreement between the Community and that country.

Article 2

For the purposes of this Regulation:

(a) 'third-country fishing licence' shall mean a permit, in any form whatsoever, from the third country to carry on fishing activities in its fishing waters;

(b) 'fisheries-agreement fishing permit' shall mean a fishing authorization, in any form whatsoever, granted to a Community fishing vessel by the flag Member State, under a fisheries agreement between the Community and a third country, to supplement the fishing licence referred to in Article 1 of Regulation (EC) No 3690/93 (5), which enables that vessel to carry on the fishing activities referred to in (a).

Article 3

The flag Member State shall grant and manage the fisheries-agreement fishing permits for fishing vessels flying its flag in accordance with the conditions laid down in this Regulation.

Article 4

• 1. 

  The flag Member State shall not grant a fisheries-agreement fishing permit if the fishing vessel concerned does not have a fishing licence in accordance with Regulation (EC) No 3690/93 or if that licence has been temporarily or definitively withdrawn in accordance with Article 5 of that Regulation. Fisheries-agreement fishing permits already granted shall become null and void where the fishing licence issued to a given fishing vessel has been withdrawn definitely; it shall be suspended...

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