12. 5. 94 Official Journal of the European Communities No L 121/3 COUNCIL REGULATION (EC) No 1093/94 of 6 May 1994 setting the terms under which fishing vessels of a third country may land directly and market their catches at Community ports THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Par- liament (3), Having regard to the opinion of the Economic and Social Committee (%), Whereas, as- far as the Treaty is concerned, the authority of the coastal State as regards access by third country vessels to internal waters and ports is exercised by the - Member State; whereas, however, as regards access to such ports by fishing vessels for direct landing and marketing of their catches, it is necessary to enact addi- tional uniform measures at Community level so that such operations are effected in a manner not liable to affect operation of the common fisheries policy, including health and marketing standards which are applicable to Community production, and so lead to a situation in which competition is distorted to the detriment of Community production and having regard to imports consigned by other means of transport ; Whereas, in particular, landing should be permitted only at ports where health and veterinary checking facilities are available, and masters of the fishing vessels concerned should be required to produce a specific landing state- ment , Whereas the access for direct landing by fishing vessels flying the flag of, or registered in, a third country must not impair the market balance sought for certain products by means of the price mechanisms introduced as part of the market organization ; whereas sales of these products must therefore respect price levels set by the Commu- nity ; Whereas, moreover, the common organization of the market of these products rests to a large extent on the capacity of producers’ organizations to promote price regularization, by imposing on their members compliance () OJ No C 219, 13. 8. 1993, p. 16. () OJ No C 329, 6. 12. 1993, p. 1. () OJ No C 352, 30. 12. 1993, p. 46. with the rules they adopt, in order, in accordance with the objectives of the Treaty, to ensure in particular that fishermen enjoy a fair standard of living; whereas the advantage linked to the direct landing by the vessels concerned should not lead, in the areas of activities of producers’ organizations, to any jeopardizing of the effec- tiveness of the measures adopted and implemented by these organizations in the application of the mechanisms of the common organization of the markets; whereas therefore, except where products are intended for proces- sing, it is necessary to make the marketing of catches by fishing vessels flying the flag of, or registered in, a third country subject to such measures ; Whereas the application of this Regulation will require adequate provision of information at ports where direct landing and marketing by vessels flying the flag of, or registered in, a third country are permitted ; Whereas after a certain time it will be necessary to examine the results of the application of this Regulation, HAS ADOPTED THIS REGULATION : Article 1 On the terms set out in this Regulation, fishing vessels flying the flag of, or registered in, a third country are authorized to land their fishery products directly at ports of Community Member States, for release for free circula- tion and marketing. Article 2 For the purposes of this Regulation, the following defini- tions shall apply : 1. fishery products :all products brought directly from the catch location, possibly after transhipment at sea from another vessel, and covered by Chapter 3 of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (%) ; () OJ No L 256, 7. 9. 1987, p. 1. Regulation as last amended by Commission Regulation (EEC) No 2551/93 (O] No L 241, 27. 9. 1993, p. 1).