Commission Regulation (EC) no 2943/95 of 20 December 1995 setting out detailed rules for applying Council Regulation (EC) No 1627/94 laying down general provisions concerning special fishing permits
Commission Regulation (EC) no 2943/95 of 20 December 1995 setting out detailed rules for applying Council Regulation (EC) No 1627/94 laying down general provisions concerning special fishing permits
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits(1), and in particular Articles 13 (2) and 16 thereof,
Whereas detailed rules should be laid down for the transmission to the Commission of relevant information concerning Community fishing vessels with a view to the issue of special fishing permits, as well as criteria for the Commission to use in considering permit applications;
Whereas, where an infringement is committed by a fishing vessel flying the flag of a third country, the owner of that vessel should be given an opportunity to express his views on the measures taken;
Whereas a cooperation procedure among the competent authorities of the Member States needs to be established to facilitate the exchange of information in cases where Community rules have not been complied with;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down detailed rules for applying Articles 7, 8, 10 and 13 of Regulation (EC) No 1627/94.
CHAPTER 1 Authorization to fish in Community fishing waters and on the high seas
Member States shall transmit to the Commission, at least one month before the start of fishing operations, a draft list of the Community fishing vessels likely to be exercising a fishing activity subject to the terms and conditions set out in Article 7 of Regulation (EC) No 1627/94 as well as the information which will make it possible to check that the list complies with the relevant provisions of Community law, including data for evaluating fishing effort.
The list of vessels shall include in particular the information referred to in Annex I to Regulation (EC) No 1627/94.
The list of vessels and the supplementary information shall be supplied to the Commission preferably by computerized data transmission or by electronic mail.
The deadline period referred to in Article 7 (2) of Regulation (EC) No 1627/94 shall commence on the date of receipt of all the relevant information.
Member States shall provide the Commission with the final list of vessels which have received a special permit within 30 days at the latest of the permits being issued.
The definitive list shall remain valid until expressly or implicitly revoked by the Member State.
In case of modifications to the definitive list, the information required under Article 2 (1) must be received by the Commission at least 12 working days before the start of fishing operations.
Member States shall immediately notify the Commission of any special permits withdrawn or suspended, in whole or in part, giving the reasons for such action.
By 15 November each year at the latest, the Member States shall send the Commission information about specific national permit schemes as referred to in Article 8 of Regulation (EC) No 1627/94 where they have established such schemes.
Article 2
Member States shall transmit to the Commission, at least one month before the start of fishing operations, a draft list of the Community fishing vessels likely to be exercising a fishing activity subject to the terms and conditions set out in Article 7 of Regulation (EC) No 1627/94 as well as the information which will make it possible to check that the list complies with the relevant provisions of Community law, including data for evaluating fishing effort.
The list of vessels shall include in particular the information referred to in Annex I to Regulation (EC) No 1627/94.
The list of vessels and the supplementary information shall be supplied to the Commission preferably by computerized data transmission or by electronic mail.
The deadline period referred to in Article 7 (2) of Regulation (EC) No 1627/94 shall commence on the date of receipt of all the relevant information.
Article 3
Member States shall provide the Commission with the final list of vessels which have received a special permit within 30 days at the latest of the permits being issued.
The definitive list shall remain valid until expressly or implicitly revoked by the Member State.
In case of modifications to the definitive list, the information required under Article 2 (1) must be received by the Commission at least 12 working days before the start of fishing operations.
Member States shall immediately notify the Commission of any special permits withdrawn or suspended, in whole or in part, giving the reasons for such action.