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
conservation with the preservation of fishing possibilities
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
during the same year or during the following years , to the
species and zones for which the annual quotas , allocations
or shares have been set ;
Having regard to the Treaty establishing the European
Economic Community ,
Having regard to Council Regulation (EEC) No 170 / 83 of
25 January 1983 establishing a Community system for the
conservation and management of fishery resources 0 ), and
in particular Article 1 1 thereof,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European
Parliament ( 2 ),
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 ,
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
Commission's task,
Whereas control measures to ensure compliance with
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 );
HAS ADOPTED THIS REGULATION:
Whereas it is necessary for the Member States'
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 ;
Whereas it is appropriate to clarify the extent of the duty of
the Member States to record landings of stocks or groups
of stocks subject to total allowable catches (TACs) or
quotas , whether within Community waters or not , and
to enable records of such landings to be verified ;
Article 1
Regulation (EEC) No 2057 / 82 is hereby amended as
follows :
1 . The title is replaced by the following:
'Council Regulation (EEC) No 2057/82 of 29 June
1982 establishing certain control measures for fishing
activities .'
Whereas , moreover , the Community is empowered
internally under the Treaty to take any measures for the
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 ;
whereas , however , reparation should be made for the loss
2 . Article 1 ( 1 ) and (2 ) is replaced by the following:
' 1 . In order to ensure compliance with all the
Regulations in force concerning conservation and
control measures , each Member State shall , within its
territory and within maritime watery subject to its
sovereignty or jurisdiction , monitor fishing activity and
related activities . It shall inspect fishing vessels and all
activities whose inspection would enable verification of
(») OJ No L 24 , 27 . 1 . 1983 , p. 1 .
( 2 ) Opinion delivered on 12 December 1986 (not yet published in
the Official Journal ).
( 3 ) OJ No L 220 , 29 . 7 . 1982 , p. 1 .
( 4 ) OJ No L 361 , 31 . 12. 1985 , p . 42 .
31 . 12 . 86 Official Journal of the European Communities No L 376 / 5
detailed rules for the application of these Articles , in
such a way as to be able to trace back such documents ,
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
the year in which the related landings were made.'
the implementation of this Regulation , including the
activities of landing, selling and storing fish and
recording landings and sales .
2 . If the competent authorities of a Member State
observe , as a result of monitoring or inspection carried
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
or any other person responsible.'
3 . The first subparagraph of Article 2 ( 1 ) is replaced by
the following :
' 1 . The inspection and monitoring referred to in
Article 1 shall be carried out by each Member State on
its own account by an inspectorate appointed by it .'
7 . The first subparagraph of Article 10 (3 ) is replaced by
the following:
'3 . Following notification under paragraph 2 or on its
own initiative , the Commission shall fix , on the basis of
the information available , the date on which , for a
stock or group of stocks , the catches subject to TAC,
quota or other quantitative limitation made by fishing
vessels flying the flag of, or registered in , any Member
State are deemed to have exhausted the quota ,
allocation or share available to that Member State or ,
as the case may be , to the Community .
When an assessment of the situation referred to in the
preceding subparagraph is made , the Commission shall
advise the Member States concerned of the prospects of
fishing being halted as a result of a TAC's being
exhausted .'
4 . Article 7 ( 1 ) is replaced by the following:
' 1 . Without prejudice to Article 6 , the master of a
fishing vessel flying the flag of, or registered in , a
Member State who :
— 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
— directly lands such quantities outside Community
territory ,
shall , at the time of the transhipment or of the landing,
inform the Member State whose flag his vessel is flying
or in which his vessel is registered of the species and
quantities involved and of the date of transfer or of
landing and of the location of catches by reference to
the smallest zone for which a TAC or quota has been
fixed and administered . If the catches were made in
waters under the sovereignty or jurisdiction of third
countries , this information must be indicated separately
by reference to the waters of each of the third countries
concerned .'
8 . The following paragraph is added to Article 10 :
'4 . When the Commission has , by virtue of the first
subparagraph of paragraph 3 , halted fishing because of
the exhaustion of the TAC, quota , allocation or share
available to the Community and it appears to the
Commission that a Member State has not exhausted its
quota , allocation or share on the stock or group of
stocks concerned, the following provisions shall
apply .
If the prejudice suffered by the Member State for which
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
accordance with Article 15 of that Regulation .
In accordance with the procedure referred to in
Article 14 of that Regulation, measures shall be
adopted with the aim of remedying in an appropriate
manner the prejudice caused . These measures may
involve making deductions from a quota, an allocation
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
the consequent allocations are made taking into
account as a matter of priority species and zones for
which annual quotas , allocations or parts have been
fixed . These deductions or allocations may be made
5. The first subparagraph of Article 9 ( 1 ) is replaced by
the following:
' 1 . Member States shall ensure that all landings by
fishing vessels flying the flag of, or registered in , a
Member State of stocks or groups of stocks subject to
TACs or quotas are recorded . For this purpose,
Member States may require that the first placing on the
market be made by sale by public auction .'
6 . The following paragraph is added to Article 9 :
'4 . Each Member State shall keep , or cause to be kept ,
records submitted to its competent authorities in
accordance with Articles 3 and 6 and the particular
No L 376 / 6 Official Journal of the European Gommunities 31 . 12 . 86
during the year in which the prejudice occurred or in
the succeeding year or years .
The detailed rules for implementing this paragraph ,
and in particular for determining the quantities
concerned, shall be laid down in accordance with the
procedure referred to in Article 14 of Regulation (EEC)
No 170 / 83 .
its authorized officials meet difficulties in the
execution of their duties , the Member States
concerned shall provide the Commission with
the means to accomplish its task and shall
enable the Commission's authorized officials to
oversee requested actions of inspection or
monitoring . However , where inspection at sea
or from the air is concerned , in duly
substantiated cases where the relevant national
departments must carry out other priority tasks
relating to, in particular , defence , security or
customs inspection , the authorities of the
Member State shall retain the right to defer or
redirect inspection operations at which the
Commission intends to be present ; in such
circumstances the Member State shall cooperate
with the Commission in making alternative
arrangements .'
Article 2
This Regulation shall enter into force on the first day of the
month following the month of its publication in the Official
Journal of the European Communities.
O ) OJ No L 24 , 27 1 . 1983 , p. 1 .'
9 . Article 12 (4 ) ( a ) is replaced by the following :
'4 . ( a ) To that end , officials authorized by the
Commission shall be entitled to be present , as
deemed necessary by the Commission , at
inspections and monitoring carried out by
national departments . The Commission shall
establish appropriate contacts with Member
States with a view, wherever possible, to
establishing a mutually acceptable programme
of inspection and monitoring . Member States
shall cooperate with the Commission in its
fulfilment of this task . When the Commission or
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
Full & Egal Universal Law Academy