1997D0413 — EN — 01.01.2002 — 001.001 — 1
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►B COUNCIL DECISION
of 26 June 1997
concerning the objectives and detailed rules for restructuring the Community fisheries sector for
the period from 1 January 1997 to 31 December 2001 with a view to achieving a balance on a
sustainable basis between resources and their exploitation
(97/413/EC)
(OJ L 175, 3.7.1997, p. 27)
Amended by:
Official Journal
No page date
►M1 Council Decision 2002/70/EC of 28 January 2002 L 31 77 1.2.2002
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COUNCIL DECISION
of 26 June 1997
concerning the objectives and detailed rules for restructuring the
Community fisheries sector for the period from 1 January 1997 to31 December 2001 with a view to achieving a balance on a
sustainable basis between resources and their exploitation
(97/413/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20
December 1992 establishing a Community system for fisheries andaquaculture (
1), and in particular Article 11 thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Whereas the Community fishing fleet should be restructured with the
aim of providing the sector with clear perspectives for sustainable
fishing activities, taking into account the characteristics of each fisheryand the possible economic and social consequences;
Whereas the objectives and detailed rules should be fixed by fleet
segment or fishery in relation to the state of the stocks taking account of
the third Multiannual Guidance Programme (MAGP III), the differingsituations in Member States and of the fact that Member States shouldbe able to deploy the necessary fishing effort to take the quota actuallyavailable;
Whereas the employment generated by the sector in areas dependent on
fishing should be taken into account in order to safeguard the particularneeds of those regions;
Whereas it is necessary to safeguard existing balances and the acquis
communautaire, having due regard to the principle of relative stability;
Whereas in light of the most recent scientific advice available regarding
the state of resources accessible to Community vessels, there is an
urgent need to reduce the fishing mortality of certain stocks;
Whereas to that end it is necessary to adopt specific guidelines for
reducing the fishing effort on the stocks in question, over an appropriate
period of time;
Whereas the fishing effort reduction rates should target depletion risk
and overfished stocks;
Whereas the precautionary approach requires that fishing effort on other
stocks should not increase unless such an increase is duly justified;
Whereas in the case of fisheries composed of several species it is
appropriate that the reductions in fishing effort be weighted to reflect therelative quantities of critical stocks in the overall catch;
Whereas the common fisheries policy provides for a wide range of
measures which, individually and collectively, contribute to the
reduction of fishing mortality;
Whereas it is agreed that small scale coastal non-trawling fishing
activities merit special treatment since such activities maintain a high
number of direct jobs while having a modest impact on depletion riskand overfished stocks;1997D0413 — EN — 01.01.2002 — 001.001 — 2
(1) OJ No L 389, 31. 12. 1992, p. 1. Regulation as amended by the 1994 Act of
Accession.
(2) OJ No C 259, 6. 9. 1996, p. 6.
(3) OJ No C 20, 20. 1. 1997, p. 372.
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Whereas, given the need to ensure the highest safety standards in the
Community fishing fleet, safety improvements should not, in certaincases, be counted against the objectives for Member States' fleet
segments;
Whereas the characteristics of power and tonnage are the most pertinent
parameters for expressing fishing capacity of the fleets using active gear;whereas the main parameters for expressing effort in respect of passive
gear are different; whereas it is nonetheless necessary to ensure a non-
discriminatory approach and fully equivalent result as between the twogear types;
Whereas Member States should be able to choose to reduce fishing
mortality by the different means available to them, either by reducing
capacity for each fleet segment, or by reducing fishing effort for each
fishery; whereas to this effect a certain period must be allowed forMember States to develop management programmes setting out theimplementation of these means in order to achieve the objectives fixed;
Whereas the required reductions in fishing effort can be achieved
through fishing effort limitation programmes or reductions in capacity;whereas specific fishing effort limitation programmes on depletion riskand overfished stocks are to be encouraged where a Member Statedemonstrates its ability to set up and administer such programmes;whereas in the absence of fishing effort limitation programmes, or if
these programmes do not offer the necessary guarantees or do not have
sufficient effect, the only alternative is capacity reduction;
Whereas the fleet objectives for Member States set by this Decision
should be based on the previous objectives;
Whereas the fleet segments of Member States involved in bilateral
fisheries agreements, or in fishing activities covered by internationalfishing conventions to which the Community is a Contracting Party,need to be adjusted in accordance with the resources available andaccessible under those agreements or conventions;
Whereas this Decision is based on a five-year period in order to ensure
real progress over a sufficient length of time; whereas the measuresproposed must aim to eliminate the factors that made this restructuringnecessary, in particular by putting into place a permanent regime of fleet
renewal;
Whereas a review of the fishing effort reduction objectives should be
carried out by the Council by the end of 1999 on the basis of the latestscientific advice available and an assessment made at the same time ofthe effects of all available measures on the state of resources and the
sector to be provided by the Commission to the Council;
Whereas it is necessary to verify that the programmes of Member States
are progressively achieved by reference to intermediate objectives;
Whereas full transparency is required among Member States; whereas
this transparency should be ensured in the decision process leading tothe adoption of the individual programmes for Member States, and theirsubsequent implementation, through the procedures provided for inArticle 18 of Regulation (ECC) 3760/92,
HAS ADOPTED THIS DECISION:
Article 1
For the purposes of this Decision the following definitions are used:
1. the capacities of fleet segments are expressed at least in GT tonnage
and kW power as defined in Council Regulation (EEC) No 2930/86of 22 September 1986 defining characteristics for fishing vessels (
1);1997D0413 — EN — 01.01.2002 — 001.001 — 3
(1) OJ No L 274, 25. 9. 1986, p. 1. Regulation as amended by Regulation (EC)
No 3259/94 (OJ No L 339, 29. 12. 1994, p. 11).
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2. the effort of fleet segments comprised of vessels using active gear is
defined in accordance with Annex VI of Commission Regulation(EC) No 109/94 of 19 January 1994 concerning the fishing vessel
register of the Community (
1);
3. the effort of fleet segments comprised of vessels using passive gear is
expressed in terms of the capacity of the vessels defined in
subparagraph 1;
4. without prejudice to Article 4 (1), a fleet segment is defined as a
group of vessels having homogeneous physical characteristics using
the same fishing gear or the same type of fishing gear;
5. a fishery is defined as a fishing activity on a stock or a group of
stocks harvested by the same fishing gear or the same type of fishinggear.
Article 2
1. By 31 December 2002 at the latest, the fishing effort of each
Member State shall be reduced, taking the levels defined in Article 7(1)as a starting point, on the basis of the reduction rates in fishing effort
which are required to be achieved in relation to the critical stocks set out
in Annex I.
2. The pilot reduction rates shall be as follows:
— 36 % for the stocks defined as depletion risk in Annex I,
— 24 % for the stocks defined as overfished in Annex I.
3. In the case of stocks defined as fully exploited in Annex I, there
shall be no increase in fishing effort for the period 1997 to 2002.
4. In respect of stocks other than those referred to in paragraphs 2 and
3, including stocks for which the situation is insufficiently known, thereshall be no increase in fishing effort for the period 1997 to 2002. In
specific cases where Member States can identify additional fishing
opportunities on these stocks, a level of additional fishing effort for thefleet segments fishing these stocks may be decided.
5. The weighted fishing effort reduction rates are calculated by fleet
segment or by fishery as a function of the composition of the catches of
stocks in these fleet segments or fisheries in accordance with Annex II.
Article 3
A Member State may exempt fishing vessels of its fleet of less than 12
metres overall, other than trawlers, from the provisions of Article 2. In
this case, the aggregate capacity of this fleet segment, expressed in GTtonnage and in kW power, shall not increase beyond the level at 1January 1997, or beyond the level corresponding to the objectives ofMAGP III, for the period to 31 December 2002 except for vesselsalready registered in the Fishing Vessel Register of the Community, in
the framework of programmes for improving safety, navigation at sea,
hygiene, product quality and working conditions.
Article 4
1. The segmentation of the fleet of each Member State shall be
determined in relation to the stocks defined in Annex I and to the fishing
techniques, taking account of the segmentation adopted as part ofMAGP III as well as the differing situations in Member States.1997D0413 — EN — 01.01.2002 — 001.001 — 4
(1) OJ No L 19, 22. 1. 1994, p. 5. Regulation as amended by Regulation (EC) No
493/96 (OJ No L 72, 21. 3. 1996, p. 12).▼M1
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Article 5
Reduction in fishing mortality of critical stocks shall be achieved for
each fleet segment by a reduction in capacity or for each fishery bymeans of a reduction in fishing effort.
Article 6
1. Each Member State shall submit to the Commission by 30 June
1997 a fishing effort limitation programme. This programme shall
establish, by fleet segment, the starting levels for capacity and fishingeffort on the basis of the objectives fixed in the MAGP III, whilst takingaccount of the fishing effort data submitted in accordance with theprovisions of Articles 4 and 5 of Regulation (EC) No 109/94.
In cases where the objectives are achieved by capacity reduction only,
the Member State shall apply to the fleet segment the weightedreduction rates calculated in accordance with Annex II.
In cases where the objectives are achieved by fishing effort reductions,
the Member State shall identify the fisheries related to each fleetsegment and shall allocate to these fisheries starting levels for a fishingeffort within the limits of the starting levels laid down for each fleet
segment, with a view to ensuring that Member States can take up the
quotas actually available to them. The Member State shall apply to thefishing effort levels defined above by fishery the reduction rates definedin Article 2.
The Member State shall identify and quantify the means (capacity,
activity) by which to respect the aforementioned objectives.
2. Among the means to reduce fishing effort, each Member State
shall determine in its programme the reduction in the capacity of each
fleet segment which will permit the objectives to be achieved. Thisreduction in capacity shall be ensured by the establishment in eachMember State of a permanent regime to control the renewal of the fleet.This regime shall determine, segment by segment, the ratio of entries/exits of vessels that will ensure over the period that the fishing capacity
by type of vessel will be brought down to the determined levels.
3. Where a Member State does not submit such programmes or these
are not approved, fishing effort reduction targets shall be achieved
through reductions in capacity.
4. Where a Member State does not achieve the annual intermediate
objectives referred to in Article 9 (1), the objectives of the following
year shall be adjusted accordingly, including through reductions in
capacity.
Article 7
1. The starting point for Member States' fleet objectives for ►
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December 2002 ◄shall be the fleet objectives fixed by the previous
programmes for 31 December 1996.
2. In fixing the objectives for the fishing fleets of each Member State
under this Decision, account shall be taken of the specific characteristicsof individual fishing fleets.
Article 8
The fleet segment fishing in the waters of third countries or on the high
seas shall be identified and the fishing effort adjusted by theCommission and the Member State taking account of the global fishing
opportunities of this fleet segment in line with the objectives fixed in
fisheries management recommendations issued by international organi-zations, approved by the Community or the Member States, and, whereappropriate, the fishing opportunities in third country waters defined byagreements concluded between the Community and those thirdcountries.1997D0413 — EN — 01.01.2002 — 001.001 — 5
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Article 9
The implementation of the objectives and detailed rules of this Decision
shall be carried out by the Commission in accordance with Article 4 of
Regulation (EC) No 2792/1999 (1). The Commission shall modify, in
accordance with this Decision, the Multiannual Guidance Programmesfor the fishing fleets of individual Member States. The programmes shallbe prolonged to cover the period from 1 January 1997 to 31 December2002 and shall be progressively achieved by reference to annualintermediate objectives.
Article 10
For the purposes of implementing the provisions of this Decision the
procedures under Article 18 of Regulation (EEC) No 3760/92 shall
apply.
Article 11
This Decision shall apply as of 1 January 1997.
Article 12
This Decision is addressed to the Member States.1997D0413 — EN — 01.01.2002 — 001.001 — 6
(1) OJ L 337, 30.12.1999, p. 10. Regulation as amended by Regulation (EC) No
1451/2001 (OJ L 198, 21.7.2001, p. 9).▼B
ANNEX I
Zone
SpeciesBaltic Sea
III bcdSkagerrak
Kattegat
III aNorth Sea
IVWest Scotland
VIIrish Sea
VII aWest Ireland
VII b, cCeltic Sea
W. Channel
VII efghjkEastern
Channel
VII dBay of Biscay
VIII abdIberian Penin-
sula
VIII c
IX aMediterranean
Sea
Herring
(Clupea harengus)FE DR FE OF
Mackerel
(Scomber scombrus)DR DR OF OF OF OF OF OF OF
Sardine
(Sardina pilchardus)DR
Salmon
(Salmo salar)DR
Bluefin Tuna
(Thunnus thynnus)OF OF OF OF OF
Swordfish
(Xiphias gladius)OF OF OF OF OF
Cod
(Gadus morhua)OF DR DR DR DR OF DR
Haddock
(Melanogrammus aeglefinus)OF OF OF FE OF
Whiting
(Merlangus merlangus)FE OF FE FE FE
Saithe
(Pollachius virens)OF OF DR
Hake
(Merluccius merluccius)OF OF OF OF OF OF OF OF DR
Plaice
(Pleuronectes platessa)OF DR FE DR FE▼B1997D0413 — EN — 01.01.2002 — 001.001 — 7
Zone
SpeciesBaltic Sea
III bcdSkagerrak
Kattegat
III aNorth Sea
IVWest Scotland
VIIrish Sea
VII aWest Ireland
VII b, cCeltic Sea
W. Channel
VII efghjkEastern
Channel
VII dBay of Biscay
VIII abdIberian Penin-
sula
VIII c
IX aMediterranean
Sea
Sole
(Solea spp.)DR OF DR OF OF
Anglerfish
(Lophius spp.)OF OF OF OF OF OF OF
Megrim
(Lepidorhombus spp.)FE FE FE FE FE FE FE
Nephrops
(Nephrops norvegicus)OF FE FE FE FE OF FE
DR = Depletion Risk: Spawning stock biomass presently below Minimum Biologically Acceptable Levels or likely to be in that position in the short term a t the current levels of fishing mortality.
OF = Overfished: Moderate to substantial gains in long-term yield if effort is decreased; if heavily overfished, medium-term risk of spawning stock b iomass falling below Minimum Biologically Acceptable Levels.
FE = Fully Exploited: No substantial long-term gains or losses if fishing effort is moderately increased or reduced.▼B1997D0413 — EN — 01.01.2002 — 001.001 — 8
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ANNEX ΙΙ
Effort Reduction Targets
1. The Effort Reduction Target (ERT) for a Member State's fleet segment or
fishery shall be calculated in accordance with the following formula:
ERT¼RR/C2W
where:
ERT = Effort Reduction Target
RR = Reduction Rates as in Article 2
W = the percentage of the catch of a fleet segment or fishery which
comprises depletion risk and overfished stocks.
2. The reduction rate for a fleet segment or fishery shall be determined in
accordance with the following table by reference to the composition of its
catch as between depletion risk, overfished, fully exploited or other stocks.
Depletion risk
stocksOverfished
stocksFully
exploited
stocksOther stocksReduction rate
(%)
/check × /checkor × /checkor × 36
× /check/check or × /checkor × 24
/check/check /check or × /checkor × 30 (1)
×× /check/check or × 0
(1) Where depletion risk stocks exceed 5 % of the catch of the fleet segment or fishery,
the reduction rate shall be 36 %.
Key:
/check= present in the catch of the fleet segment or fishery
× = absent in the catch of the fleet segment or fishery1997D0413 — EN — 01.01.2002 — 001.001 — 9