6. 7. 94 Official Journal of the European Communities No L 171/7 COUNCIL REGULATION (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits 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 (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas pursuant to Article 9 of Council Regulation (EC) No 3690/93 of 20 December 1993 establishing a Community system laying down rules for the minimum information to be contained in fishing licences (), the Council must adopt the general provisions on special fishing permits applicable to Community fishing vessels and to vessels flying the flag of a third country and opera- ting in Community fishing waters ; Whereas, in accordance with Articles 4 and 8 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aqua- culture (%), the Council may determine certain conditions for access by Community fishing vessels to waters and resources, which may include the need for special fishing permits ; Whereas it is for the Council to decide in each case on ther most appropriate definition of a fishery and where appropriate specify in detail inter alia the stocks or groups of stocks, waters and/or fishing gear with a view of establishing a system of special fishing permits for that fishery ; Whereas, however, the need for such special fishing permits to be issued also for small vessels fishing exclusi- vely in the territorial waters of the flag Member State has not at this stage been established, as it is possible, whenever necessary, to regulate the fishing effort of such vessels by other means; Whereas, in the context of fisheries agreements concluded between the Community and third countries, the fishing activities of vessels flying the flag of a third country and operating in Community fishing waters should be made subject to a fishing licence, supplemented by a special fishing permit ; Whereas it is advisable to establish at Community level the procedures under which each Member State issues and manages the special fishing permits applicable to () OJ No C 310, 16. 11. 1993, p. 13. () O] No C 20, 24. 1. 1994, p. 540. () QJ No C 34, 2. 2. 1994, p. 73. () OJ No L 341, 31. 12. 1993, p. 93. () OJ No L 389, 31. 12. 1992, p. 1. vessels flying its flag, and those under which the Commission issues and manages licences supplemented by special fishing permits applicable to vessels flying the flag of a third country and operating in Community fishing waters ; ' Whereas the Commission must be in a position to ensure compliance with Community law in respect of the mana- gement of special fishing permits by the flag Member State ; Whereas in order to ensure a consistent conservation and resource management policy, procedures should be estab- lished for the transmission of the information contained in national fishing permits; Whereas the possibility of applying penalties as provided for in Article 31 (3) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (%), including the possible suspension or withdrawal of a fishing licence, is likely to contribute to improving the regulation of exploitation; whereas, accordingly, it is important for the competent authorities of the flag Member State to be able to initiate a procedure for suspending or withdrawing a special fishing permit through an administrative decision ; Whereas, to this end, detailed rules of application need to be laid down concerning information procedures at Member State level between the authorities responsible for supervising fishing activities and the authorities responsible for taking proceedings in respect of infringe- ments by the flag Member State; 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 super- vising fishing activities ; Whereas the provisions on the confidentiality of data in Article 13 of Regulation (EEC) No 3760/92 and Article 37 of Regulation (EEC) No 2847/93 should be applied to information gathered under this Regulation; whereas Member States and the Commission must take appro- priate measures for that purpose, HAS ADOPTED THIS REGULATION : Article 1 1. This Regulation lays down general provisions concerning : (® OJ No L 261, 20. 10. 1993, p. 1.