Regulation 1994/3317 - General provisions concerning the authorization of fishing in the waters of a third country under a fisheries agreement - Main contents
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official title
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 agreementLegal instrument | Regulation |
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Number legal act | Regulation 1994/3317 |
Original proposal | COM(1993)496 ![]() |
CELEX number i | 31994R3317 |
Document | 22-12-1994 |
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Publication in Official Journal | 31-12-1994; Special edition in Lithuanian: Chapter 04 Volume 002,OJ L 350, 31.12.1994,Special edition in Romanian: Chapter 04 Volume 002,Special edition in Finnish: Chapter 04 Volume 007,Special edition in Slovak: Chapter 04 Volume 002,Special edition in Maltese: Chapter 04 Volume 002,Special edition in Swedish: Chapter 04 Volume 007,Special edition in Bulgarian: Chapter 04 Volume 002,Special edition in Polish: Chapter 04 Volume 002,Special edition in Estonian: Chapter 04 Volume 002,Special edition in Latvian: Chapter 04 Volume 002,Special edition in Czech: Chapter 04 Volume 002,Special edition in Hungarian: Chapter 04 Volume 002,Special edition in Slovenian: Chapter 04 Volume 002 |
Effect | 01-01-1995; Application See Art 10 03-01-1995; Entry into force Date pub. + 3 See Art 10 |
End of validity | 17-11-2008; Repealed by 32008R1006 |
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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
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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.
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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
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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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