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Autorisation to fish in third-country waters

The European Union (EU) may enter into international agreements on fisheries with third countries. These agreements authorise Community vessels to fish in third country waters or third country vessels to engage in their activities in Community waters.

ACT

Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94.

SUMMARY

This Regulation lays down the procedures to be followed for the granting of fishing authorisations *. These authorisations permit Community fishing vessels to engage in their activities outside Community waters and third country fishing vessels to engage in fishing activities in Community waters. Authorisations are granted in the light of a certain number of eligibility criteria associated with the international obligations entered into by the Community and the provisions of this Regulation.

FISHING ACTIVITIES OF COMMUNITY VESSELS OUTSIDE COMMUNITY WATERS

To engage in fishing activities in third country waters, Community vessels must obtain an authorisation issued in accordance with this Regulation.

Granting of fishing authorisations

The flag Member State shall transmit the applications for fishing vessels flying its flag to the Commission no later than five working days before the deadline stated in the agreement or in accordance with the arrangement provided for in the agreement with the third country.

The Commission shall verify the applications in accordance with the eligibility criteria and shall ensure that the eligible applications are transmitted to the third country concerned.

The Commission shall inform the flag Member State that the third country concerned has decided to grant or not to grant the fishing authorisation for a particular vessel.

The flag Member State shall notify this information to the owner of the fishing vessel.

Applications shall be processed electronically.

The Commission shall not transmit the applications to the third country concerned if the eligibility criteria are not complied with.

Community information system

The Commission shall set up a Community information system containing the information relating to the authorisations issued in accordance with this Regulation. This electronic system shall be secure. Member States shall ensure that the information which it contains is up-to-date at all times.

Suspension or withdrawal of a fishing authorisation

If the third country decides to suspend or withdraw a fishing authorisation for a vessel flying the flag of a Member State, the Commission shall inform the State concerned immediately. The flag Member State must then either temporarily suspend or permanently withdraw the fishing permit granted to the vessel concerned.

Underutilisation of fishing opportunities

To ensure that the fishing opportunities made available to the Community under the fishing agreements are fully utilised, the Commission may, in accordance with certain criteria, temporarily reallocate the fishing opportunities not utilised by a Member State to one or more other Member States.

FISHING ACTIVITIES OF THIRD COUNTRY VESSELS IN COMMUNITY WATERS

To engage in fishing activities in Community waters, third country vessels must obtain a fishing authorisation from the Commission.

Granting of fishing authorisations

The competent authorities of the third country shall submit to the Commission, through electronic transmission, the applications for fishing authorisations for vessels flying the flags of those third countries.

The Commission shall examine the applications for fishing authorisations in accordance with the eligibility criteria and taking account of the fishing opportunities allocated to the third country and shall issue the fishing authorisations in accordance with the measures adopted by the Council and the provisions contained in the agreement concerned.

The Commission shall inform the competent authorities of the third country and of the Member States of the fishing authorisations issued.

Failure to comply with relevant rules

Member States shall notify the Commission as soon as they record a third country fishing vessel committing an infringement in Community waters. No fishing permit shall be then issued to the fishing vessels from the third country concerned for a period not exceeding twelve months.

Transmission of catches and fishing effort

The Regulation lays down provisions relating to the declaration of catch data and, where appropriate, fishing effort.

CONTEXT

This Regulation follows on from the 2006-2008 Action Plan for simplifying and improving the Common Fisheries Policy.

This Regulation repeals Regulation (EC) No 3317/94.

Key terms of the Act
  • Fishing autorisation: the entitlement to engage in fishing activities during a specified period, in a given area or for a given fishery.

REFERENCES

ActEntry into forceDeadline for transposition in the Member StatesOfficial Journal
Regulation (EC) No 1006/2008

18.11.2008

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OJ L 286 of 29.10.2008

Last updated: 25.02.2009
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