Commission Regulation (EC) No 3237/94 of 21 December 1994 laying down detailed rules for the application of the arrangements for access to waters as defined in the Act of Accession of Norway, Austria, Finland and Sweden

• Published date: 28 December 1994
• Subject Matter: Fisheries policy
• Official Gazette Publication: Official Journal of the European Communities, L 338, 28 December 1994

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Commission Regulation (EC) No 3237/94 of 21 December 1994 laying down detailed rules for the application of the arrangements for access to waters as defined in the Act of Accession of Norway, Austria, Finland and Sweden

Official Journal L 338 , 28/12/1994 P. 0020 - 0029
Finnish special edition: Chapter 4 Volume 6 P. 0185
Swedish special edition: Chapter 4 Volume 6 P. 0185

COMMISSION REGULATION (EC) No 3237/94 of 21 December 1994 laying down detailed rules for the application of the arrangements for access to waters as defined in the Act of Accession of Norway, Austria, Finland and Sweden

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of Norway, Austria, Finland and Sweden, in particular Articles 92, 93, 95, 119, 120 and 123 thereof,

Whereas detailed rules should be fixed for the application of the arrangements for access to waters falling under the sovereignty or within the jurisdiction of the present Member States and for waters falling under the sovereignty or within the jurisdiction of Finland and Sweden, as provided for by the Act of Accession;

Whereas Articles 95 and 123 of the Act of Accession provide that vessels of the Community as at present constituted are to fish in the waters falling under the sovereignty or within the jurisdiction of Norway, Finland and Sweden under conditions identical to those applicable prior to the entry into force of the Act;

Whereas Articles 91 and 118 of the Act of Accession provide that Finnish and Swedish fishing vessels are to fish in waters falling under the sovereignty or within the jurisdiction of the Member States of the Union as at present constituted under conditions identical to those applicable prior to the entry into force of the Act;

Whereas Articles 93 and 120 of the Act of Accession provide that the conditions under which Finnish and Swedish fishing vessels shall carry out their fishing activities in the waters subject to the sovereignty or jurisdiction of Finland and Sweden are identical to those applicable immediately before the entry into force of this Act;

Whereas the Act of Accession provides that the arrangements for access defined in this Regulation shall apply during a transitional period ending on the date of implementation of the Community fishing permit system, which will not in any event be later than the date of expiry of the period laid down in Article 14 (2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (1);

Whereas, pursuant to Article 2 (3) of the Act of Accession, the institutions of the Union may, before accession, adopt in particular the measures referred to in the Act, to enter into force subject to and on the date of the entry into force of the accession;

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

Scope This Regulatin lays down detailed rules for the application of the arrangements for access as defined in the Act of Accession applicable to:

- the waters falling under the sovereignty or within the jurisdiction of Finland,

- the waters falling under the sovereignty or within the jurisdiction of Sweden,

- the waters falling under the sovereignty or within the jurisdiction of the Member States of the Community as at present constituted.

Article 2

Access by vessels of the Community to the waters referred to in Article 1 shall be authorized in accordance with the conditions laid down in this Regulation.

TITLE I DETAILED RULES CONCERNING ACCESS TO WATERS FALLING UNDER THE SOVEREIGNTY OR WITHIN THE JURISDICTION OF SWEDEN AND FINLAND, NOT INCLUDING ICES DIVSION III A (SKAGERRAK/KATTEGAT) AND III B (OERESUND) CHAPTER 1

Fishing conditions for vessels of the Community as at present constituted and Finnish vessels in waters falling under the sovereignty or within the jurisdiction of Sweden

Article 3

Fishing by vessels of the Community as at present constituted in the waters falling under the sovereignty or within the jurisdiction of Sweden within ICES division III d shall be subject to prior authorization issued by Sweden at the request of the Commission and to compliance with the conditions set out in such authorization and the provisions governing fishing activities in the said zone as referred to in Annex I (1).

Article 4

Fishing by Finnish vessels in the waters falling under the sovereignty or within the jurisdiction of Sweden within ICES division III d shall be subject to compliance with the conditions referred to in Annex I (2).

CHAPTER 2

Fishing conditions for Swedish vessels in waters falling under the sovereignty or within the jurisdiction of Finland

Article 5

Fishing by Swedish vessels in the waters falling under the sovereignty or within the jurisdiction of Finland within ICES division III d shall be subject to compliance with the conditions referred to in Annex II.

GENERAL PROVISIONS

Article 6

1. In order to present applications for prior authorization to fish to the competent authorities referred, the Member States shall notify to the Commission the lists of all the Community vessels flying their flag which intend to engage in the fishing activities referred to in Article 3 together with the necessary information.

2. Following this notification, the Commission shall forward the said lists to the Norwegian or Swedish authorities referred to in paragraph 1 after verifying that the necessary information is present and that the applications comply with the conditions referred to in Annex I (1).

3. As soon as the Commission receives the list of authorized vessels transmitted by the abovementioned competent authorities, the Commission shall forward them to the Member State concerned.

4. Vessels authorized to fish on 31 December may continue their fishing activities as from the beginning of the following year, on the basis of this authorization, until the new lists of vessels for the year in question have been approved by Sweden and it has issued the prior authorization to fish.

TITLE II DETAILED RULES CONCERNING ACCESS TO WATERS FALLING UNDER THE SOVEREIGNTY OR WITHIN THE JURISDICTION OF THE CURRENT MEMBER STATES, NOT INCLUDING ICES DIVISION III A AND ICES DIVISION III B (OERESUND) CHAPTER 1

Fishing conditions for Swedish vessels in the waters falling under the sovereignty or within the jurisdiction of the current...