Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture
Modified by
Actconcerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded(94/C 241/08)
Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 11994N31995D0001, August 29, 1994
Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 31995D0001, January 1, 1995
Council Regulation (EC) No 1181/98of 4 June 1998amending Regulation (EEC) No 3760/92 establishing a Community system for fisheries and aquaculture, 31998R1181, June 9, 1998
Council Regulation (EC) No 2371/2002of 20 December 2002on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy, 32002R2371, December 31, 2002
Council Regulation (EEC) No 3760/92of 20 December 1992establishing a Community system for fisheries and aquacultureTHE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,Having regard to the proposal from the CommissionOJ No C 311, 27. 11. 1992, p. 7.,Having regard to the opinion of the European ParliamentOpinion delivered on 15 December 1992 (not yet published in the Official Journal).,Having regard to the opinion of the Economic and Social CommitteeOpinion delivered on 24 November 1992 (not yet published in the Official Journal).,Whereas the Community system for the conservation and management of fishery resources as provided for by Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resourcesOJ No L 24, 27. 1. 1983, p. 1. has proved to be an effective instrument; whereas, however, a number of stocks both in Community and non-Community waters have continued to decline and it is consequently necessary to improve and extend existing conservation measures;Whereas the objective should be to provide for rational and responsible exploitation of living aquatic resources and of aquaculture, while recognizing the interest of the fisheries sector in its long-term development and its economic and social conditions and the interest of consumers taking into account the biological constraints with due respect for the marine eco-system;Whereas fishing should be managed with a view to establishing a balance between available and accessible resources and the relevant parameters likely to influence fishing mortality on a case-by-case basis;Whereas, for the purposes of rational and responsible exploitation of resources, the selectivity of fishing methods and gear should be improved with a view to optimum utilization of biological potential and limitation of discards;Whereas, without prejudice to specific Community licensing systems, the introduction of a general Community system of administrative fishing licences attached to the vessel and issued and managed by Member States may contribute to improve regulation of exploitation and transparency;Whereas there should be special provisions for inshore fishing; whereas to this end, by way of derogation from Council Regulation (EEC) No 101/76 of 19 January 1976 laying down a common structural policy for the fishing industryOJ No L 20, 28. 1. 1976, p. 19., Member States should be authorized to maintain until 31 December 2002 the present restrictions on access to waters under their sovereignty or jurisdiction within a maximum limit of 12 nautical miles, calculated from their baselines, as they existed at the time Regulation (EEC) No 170/83 was adopted and, for the States that acceded to the Community after this date, at the time of their accession;Whereas the present arrangements concerning rules of access for fishing vessels of other Member States whose fishing activity is traditionally pursued in waters within that 12-mile limit should equally be renewed until 31 December 2002;Whereas before that date the Council should decide upon the provisions which could follow these restrictions and arrangements;Whereas special arrangements concerning fishing activity in one sensitive region should be maintained;Whereas with a view to effective conservation, the rates of exploitation of certain resources should be limited and may be fixed on an annual or, where appropriate, multiannual basis and/or on a multispecies basis; whereas the aforementioned decisions have important effects on the economic and social development of those regions of the Member States where fishing is an important industry and such decisions should therefore be taken by the Council on a proposal from the Commission;Whereas, for the types of resources for which exploitation rates are to be limited, Community fishing opportunities should be established in the form of fishing availabilities for Member States allocated in quotas and, where necessary, in terms of fishing effort;Whereas conservation and management of resources must contribute to a greater stability of fishing activities and must be appraised on the basis of a reference allocation reflecting the orientations given by the Council;Whereas, in other respects, that stability, given the temporary biological situation of stocks, must safeguard the particular needs of regions where local populations are especially dependent on fisheries and related activities as decided by the Council in its resolution of 3 November 1976, and in particular Annex VII thereto;Whereas, therefore, it is in this sense that the notion of relative stability aimed at must be understood;Whereas with respect to Community fisheries opportunities not previously exploited, these should be allocated taking into account the interests of all Member States;Whereas the Community fisheries sector should be restructured to bring it into line with available and accessible resources and whereas account should be taken of the characteristics of each fishery and the possible economic and social consequences; whereas the guidelines for the restructuring of the Community fishing industry should be laid down at Community level;Whereas, to ensure proper implementation of the common fisheries policy, a Community control system applying to the entire sector should be established taking into account the principle of proportionality;Whereas provision should be made for the adoption of emergency measures in the event of serious upheaval liable to jeopardize the objectives of the conservation of resources;Whereas, to ensure proper use of scientific, technical and economic data for assessing the situation with regard to fisheries and foreseeable developments therein, a committee of an advisory nature should be set up; whereas this committee should also report on the economic implications of its biological advice;Whereas the taking, implementing and monitoring of decisions should be done at the most appropriate level;Whereas, to facilitate the implementation of this Regulation, a procedure should be laid down establishing close cooperation between the Member States and the Commission within a Management Committee for Fisheries and Aquaculture;Whereas, by reason of the number and complexity of the amendments to be made, Regulation (EEC) No 170/83 should be repealed and replaced,HAS ADOPTED THIS REGULATION: