(4) The measures concerned include numerous rules and provisions for the control of fishing activities in the Convention area which must be incorporated in Community law as special provisions within the meaning of Article 1(3) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy, and supplementing the provisions thereof.

(6) With a view to implementing the new conservation measures adopted by the CCAMLR, those Regulations should be repealed and replaced by a single Regulation bringing together the special provisions for the control of fishing activities arising from the Community's obligations as a Contracting Party to the Convention.

(3) Commission Regulation (EC) No 1162/2001 of 14 June 2001 establishing measures for the recovery of the stock of hake in ICES subareas III, IV, V, VI and VII and ICES Divisions VIIIa,b,d,e and associated conditions for the control of activities of fishing vessels(3) lays down a number of additional technical measures relevant to the recovery of this stock.

Commission Regulation (EC) No 1162/2001 of 14 June 2001 establishing measures for the recovery of the stock of hake in ICES sub-areas III, IV, V, VI and VII and ICES divisions VIII a, b, d, e and associated conditions for the control of activities of fishing vessels (3) lays down a number of additional technical measures relevant to the recovery of this stock.

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, 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, to that end, provision should be made for the flag Member State to communicate to the Commission by computerized means the lists of named vessels authorized to exercise their activities in the fishing areas and in the Irish Box and for the Commission to ensure that the Member States responsible for control have access to such data;

Whereas the Act of Accession provides for a system of lists of authorized vessels and for a system of notifying vessels' movements and catches in addition to the provisions laid down in Council Regulation (EEC) No 2057/82 of 29 June 1982, establishing certain control measures for fishing activities by vessels of Member States (1), as amended by Regulation (EEC) No 1729/83 (2);

Whereas, in conformity with the second subparagraph of Article 351 (2) of the Act of Accession, as from 1 January 1986, the specialized fishing activities referred to in that Article must be carried out in accordance with the same control procedures as those specified for Spanish vessels authorized to fish in the waters of the Member States other than Spain and Portugal;

Whereas the Act of Accession provides for a system of lists of authorized vessels and for a system of notifying vessels movements and of notifying catches to the Commission, in addition to the provisions laid down in Council Regulation (EEC) No 2057/82 of 29 June 1982 establishing certain control measures for fishing activities by vessels of Member States (1) as amended by Regulation (EEC) No 1729/83 (2);

(5) Some of those special provisions have been transposed into Community law by Council Regulation (EEC) No 3943/90 of 19 December 1990 on the application of the system of observation and inspection established under Article XXIV of the Convention on the conservation of Antarctic marine living resources, by Council Regulation (EC) No 66/98 of 18 December 1997 laying down certain conservation and control measures applicable to fishing activities in the Antarctic, and by Council Regulation (EC) No 1721/1999 of 29 July 1999 laying down certain control measures in respect of vessels flying the flag of non-Contracting Parties to the Convention on the conservation of Antarctic marine living resources(6).

However, as regards access to port facilities in the Community by non-contracting party vessels which are sighted engaging in fishing activities in the NAFO regulatory area, it is necessary to enact additional uniform measures at Community level, which supplement the measures provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(4) and ensure that the operations of such vessels in Community ports do not undermine the effectiveness of the conservation and enforcement measures established by NAFO,

CONTROL OF FISHING ACTIVITIES

Control of fishing activities

the control of fishing activities,

noting that the Parties, both bilaterally and in the framework of NAFO, are cooperating in designing and adopting measures to ensure effective international inspection and control of fishing activity in the NAFO Regulatory Area;

Whereas in order to ensure control of fishing activities subject to special fishing permits, general rules need to be established to cover cooperation between the authorities responsible for the issue and management of special fishing permits and the authorities responsible for supervising fishing activities;

Notwithstanding Article 23(2) the Commission shall control fishing activities in Community waters by fishing vessels flying the flag of a third country where this is provided for in Community law.

Fishing vessels of one Party shall, when fishing within the areas of fisheries jurisdiction of the other Party, comply with the conservation and control measures, other terms and conditions and all rules and regulations governing fishing activities in that area.

In the case of control and inspection of transboundary fishing activities, Member States shall ensure that their actions under this Chapter are coordinated.

COMMISSION REGULATION (EEC) No 3561/85 of 17 December 1985 concerning information about inspections of fishing activities carried out by national control authorities

They shall also control access to waters and resources and fishing activities outside Community waters by Community fishing vessels flying their flag and, without prejudice to the primary responsibility of the flag State of their nationals.

Whereas, in order to ensure control of fishing activities in certain areas by vessels complying with specific conditions, access to such areas shall be subject to special fishing permits as referred to in Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing rights (6);

In order to ensure that Community rules are clearer, the measures for the control of fishing activities and those falling within the technical field should be transposed separately.

COMMISSION REGULATION (EEC) No 3717/85 of 27 December 1985 laying down certain technical and control measures relating to the fishing activities in Spanish waters of vessels flying the flag of Portugal

COMMISSION REGULATION (EEC) No 3718/85 of 27 December 1985 laying down certain technical and control measures relating to the fishing activities in Portuguese waters of vessels flying the flag of Spain

In order to make it possible for Community fishing activities in the NEAFC Regulatory Area to be monitored and to supplement the control measures provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(3), certain specific control measures should be laid down, in particular as regards participation in fishing activities, the marking of vessels and fishing gear and their documents, the recording and reporting of catches and the transhipment of fish;

Having regard to Council Regulation (EEC) No 2057/82 of 29 July 1982 establishing certain control measures for fishing activities by vessels of the Member States (2), and in particular Article 13 thereof,

Having regard to Council Regulation (EC) No 66/98 of 18 December 1997 laying down certain conservation and control measures applicable to fishing activities in the Antarctic(3), and in particular Article 21 thereof,

COMMISSION REGULATION (EEC) No 3716/85 of 27 December 1985 laying down certain technical and control measures relating to the fishing activities in Spanish waters of vessels flying the flag of another Member State except Portugal

COMMISSION REGULATION (EEC) No 3715/85 of 27 December 1985 laying down certain technical and control measures relating to the fishing activities of vessels flying the flag of Portugal in the waters of the other Member States except Spain

Having regard to Council Regulation (EEC) No 2057/82 of 29 June 1982 establishing certain control measures for fishing activities (1), as last amended by Regulation (EEC) No 4027/86 (2), and in particular Article 13 thereof,

COMMISSION REGULATION (EEC) No 1482/86 of 15 May 1986 amending Regulation (EEC) No 3717/85 laying down certain technical and control measures relating to the fishing activities in Spanish waters of vessels flying the flag of Portugal

COMMISSION REGULATION (EEC) No 1483/86 of 15 May 1986 amending Regulation (EEC) No 3718/85 laying down certain technical and control measures relating to the fishing activities in Portuguese waters of vessels flying the flag of Spain

COMMISSION REGULATION (EEC) No 3531/85 of 12 December 1985 laying down certain technical and control measures relating to the fishing activities of vessels flying the flag of Spain in the waters of the other Member States, except Portugal

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;

Having regard to Council Regulation (EEC) No 2057/82 of 29 June 1982 establishing certain control measures for fishing activities (1), as last amended by Regulation (EEC) No 4027/86 (2), and in particular Article 10 (4) thereof,

COMMISSION REGULATION (EEC) No 3719/85 of 27 December 1985 laying down certain technical measures and control measures relating to the fishing activities in Portuguese waters of vessels flying the flag of another Member State except Spain

Financial contributions towards the expenditure referred to in Article 2(b) shall cover eligible expenditure for experimentation with, and the introduction of, new technologies to improve controls on fishing and related activities.

Whereas the fishing activities covered by this Regulation are subject to the controls provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (2);

Having regard to Council Regulation (EEC) No 2057/82 of 29 June 1982 establishing certain control measures for fishing activities by vessels of the Member States (1), as amended by Regulation (EEC) No 1729/83 (2) and in particular Article 13 thereof,

Whereas, with the objective of improving control and enforcement in the NAFO Regulatory Area and complementing the existing Scheme of Joint International Inspection and Surveillance, the Community has agreed, in the framework of the NAFO and the Agreement on Fisheries with Canada, to deploy Community observers on board Community fishing vessels while engaged in fishing activities in the said NAFO Regulatory Area;

Regulation (EC) No 2791/1999 lays down certain specific control measures to monitor Community fishing activities in the North-east Atlantic Fisheries Commission (NEAFC) regulatory area and to supplement the control measures provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(2), as last amended by Regulation (EC) No 2846/98(3).

Whereas the NAFO Fisheries Commission, at its 13th Annual Meeting held in Dartmouth on 13 September 1991, adopted a proposal for the establishment of a control measure, requiring fishing vessels to communicate certain information regarding their activities in the NAFO regulatory area;

Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999

The measures concerned include numerous rules and provisions for the control of fishing activities in the Convention area which must be incorporated in Community law as special provisions within the meaning of Article 1(3) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(3), and supplementing the provisions thereof.

Whereas Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (4) applies to all fishing activities and to all associated activities carried out within the territory and within the maritime waters subject to the sovereignty or jurisdiction of the Member States and also applies to the activities of Community fishing vessels which operate in the waters of third countries or on the high seas, without prejudice to the fisheries agreements concluded between the Community and third countries and to International Conventions to which the Community is a party;

With a view to implementing the new conservation measures adopted by the CCAMLR, those Regulations should be repealed and replaced by a single Regulation bringing together the special provisions for the control of fishing activities arising from the Community's obligations as a Contracting Party to the Convention.

Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(9) applies to all fishing activities and all associated activities carried out on the territory and in the maritime waters subject to the sovereignty or jurisdiction of Member States, including those of Community fishing vessels operating in the waters of third countries or on the high seas, without prejudice to fishery agreements concluded between the Community and third countries or international conventions to which the Community is a Party.

Whereas, pursuant to Article 164 (2) of the Act of Accession, as from 1 January 1986, the specialized fishing activities referred to in that Article must be carried out in accordance with the same control procedures as those specified for Spanish vessels authorized to fish in the waters of the Member States other than Spain and Portugal;