1998D0122 — EN — 16.06.1999 — 001.001 — 1
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►B COMMISSION DECISION
of 16 December 1997
approving the multiannual guidance programme for the fishing fleet of Germany for the period
from 1 January 1997to 31 December 2001
(Only the German text is authentic)
(98/122/EC)
(OJ L 39, 12.2.1998, p. 21)
Amended by:
Official Journal
No page date
►M1Commission Decision 1999/447/EC of 14 June 1999 L 175 66 10.7.1999
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COMMISSION DECISION
of 16 December 1997
approving the multiannual guidance programme for the fishing
fleet of Germany for the period from 1 January 1997to 31
December 2001
(Only the German text is authentic)
(98/122/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3699/93 of 21 December
1993 laying down the criteria and arrangements regarding Communitystructural assistance in the fisheries and aquaculture sector and theprocessing and marketing of its products (
1) as last amended by Regula-
tion (EC) No 25/97 (2), and in particular Articles 5 and 6 thereof,
Having regard to Council Decision 97/413/EC of 26 June 1997
concerning the objectives and detailed rules for restructuring theCommunity fisheries sector for the period from 1 January 1997 to 31December2001 with a view to achieving a balance on a sustainablebasis between resources and their exploitation (
3) and in particular
Article 9(1) thereof,
Whereas Decision 97/413/EC was adopted pursuant to the provisions of
Article 11 of Council Regulation (EEC) No 3760/92 of 20 December1992 establishing a Community system for fisheries and aquaculture (
4),
as amended by the Act of Accession of Austria, Finland and Sweden;
Whereas Germany, hereinafter referred to as ‘the Member State', on 26
June 1997, in accordance with Article 6(1) of Decision 97/413/EC,submitted to the Commission a fishing effort limitation programme forthe period from 1 January 1997 to 31 December 2001, and has supple-mented this programme by further information at later dates; whereasArticle 9(1) of Decision 97/413/EC provides that the Commission shalladopt the multiannual guidance programmes (MAGP) for the fishingfleets of individual MemberStates no laterthan 30 November1997;
Whereas Article 6(2) of Decision 97/413/EC provides that capacity
reductions shall be ensured by the establishment in each Member Stateof a permanent regime to control the renewal of the fleet, which willdetermine, segment by segment, the ratio of entries/exits of vessels;whereas the programmes submitted by Member States either contain noinformation on this issue whatsoever or are unsatisfactory; whereasMember States should therefore communicate the necessary informationto the Commission at a laterstage;
Whereas Article 7(1) of Decision 97/413/EC provides that the starting
point forthe objectives fixed forthe fishing fleets for31 December2001 shall be the fleet objectives fixed by the previous programme for31 December1996;
Whereas the objectives fixed by the previous programme should be
adjusted in cases where this is justified by new information supplied bythe MemberState concer ned;
Whereas, pursuant to Article 7(2) of Decision 97/413/EC, the particular
situation of the fleet of each MemberState concer ned must be takeninto account in fixing the objectives applicable to that fleet;
Whereas Decision 97/413/EC, and in particular Article 9(1) thereof,
requires the fixing of annual intermediate targets; whereas since a largepart of the first year of the period covered by the programmes will have
(1) OJ L 346, 31.12.1993, p. 1.
(2) OJ L 6, 10.1.1997, p. 7.
(3) OJ L 175, 3.7.1997, p. 27.
(4) OJ L 389, 31.12.1992, p. 1.
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elapsed at the time of the adoption of the present Decision it is not
appropriate to set an intermediate objective for 1997;
Whereas, pursuant to Article 9(1) of Decision 97/413/EC, the Commis-
sion shall adopt the detailed rules for the implementation of thatDecision; whereas it is useful to clarify certain concepts;
Whereas the starting point for calculating the intermediate and final
fleet objectives underMAGP IV ar e the fleet objectives fixed by theprevious programmes for 31 December 1996 (MAGP III); whereas thetonnage objectives set by MAGP III were expressed in gross registeredtonnes (GRT), but the MAGP IV objectives must be expressed in unitsof gross tonnes (GT); whereas not all Member States have submittedGT values forall fishing vessels of the fleet concer ned notwithstandingtheirobligation to measur e orestimate the GT of all vessels in theirfleet, and to transmit this information to the Commission;
Whereas, in those circumstances, the Commission must, using a prac-
tical approach, estimate the missing GT values in order to provisionallydetermine that Member State’s MAGP IV intermediate and final objec-tives on the basis of those estimates;
Whereas however the Commission cannot accept any claims by
MemberStates that fishing effor t and/orcapacity has been r educed in asfaras they r elate to vessels forwhich the MemberState concer ned hasnot fulfilled its obligation to transmit at GT value or estimate to theCommission, since the exact amount of that reduction is not verifiable;
Whereas, in the absence of the required GT tonnage values measured or
estimated in accordance with the provisions of Council Regulation (EC)No 2930/86 of 22 September 1986 defining the characteristics of fishingvessels (
1), as amended by Regulation (EC) No 3259/94 (2) and imple-
mented by Commission Decision 95/84/EC (3), the Commission will be
unable to verify the percentage changes in the fleet capacity or fishingeffort represented by changes in the capacity or activity of individualvessels, or by vessel entries or exits to and from the fleet; whereas theCommission will therefore have to assess whether the fishing effortreductions applied to vessels for which the required GT values areavailable have been sufficient to be almost certain that a Member Statehas reached its MAGP IV objectives;
Whereas, since the starting point for the MAGP IV objectives are the
final MAGP III objectives, a MemberState cannot be deemed to havereached either intermediate or final MAGP IV objectives until it hasfulfilled its obligations underMAGP III, and in par ticularthe obligationto reach at least 55 % of the MAGP III obligations by reductions incapacity,
Whereas the segmentation of the fleet must take into account the
segmentation adopted by the previous programme;
Whereas in accordance with Commission Regulation (EC) No 109/94 of
19 January 1994 concerning the Community register of fishingvessels (
4), as last amended by Regulation (EC) No 493/96 (5), each
MemberState must communicate all changes to the situation of thefishing fleet and the evolution of fishing effort by fishery;
Whereas the calculation of the objectives of the programme is based on
information supplied by the Member State; whereas it may be necessaryto revise the objectives if this information is later found to have beeninaccurate;
Whereas the measures provided for in this Decision are in accordance
with the opinion of the Management Committee forFisher ies andAquaculture,
(1) OJ L 274, 25.9.1986, p. 1.
(2) OJ L 339, 29.12.1994, p. 11.
(3) OJ L 67, 25.3.1995, p. 33.
(4) OJ L 19, 22.1.1994, p. 5.
(5) OJ L 72, 21.3.1996, p. 12.
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HAS ADOPTED THIS DECISION:
Article 1
The multiannual guidance programme for the fishing fleet of Germany
for the period 1 January 1997 to 31 December 2001, as forwarded on 26June 1997 and subsequently supplemented, is hereby approved, subjectto the conditions laid down in this Decision and the Annex thereto.
Article 2
The Member State shall ensure that any reductions in capacity or
fishing effort that are required to meet the final objectives of theprogramme are achieved progressively. To this end intermediate objec-tives are set such that at least one quarter of the reductions are achievedby 31 December 1998, half of the reductions are achieved by 31December 1999 and three-quarters of the reductions are achieved by 31December2000.
In order to ensure that the final and intermediate objectives of the
programme will be met, the Member State shall communicate to theCommission for approval the regime of entries/exits of vessels referredto in Article 6(2) of Decision 97/413/EC.
Article 3
1. The following units shall be used to measure whether the final and
intermediate MAGP IV objectives have been met:
(i) the capacity of a vessel is measured both in terms of its tonnage
expressed in gross tonnes (GT) and in terms of its power measuredin kW according to the provisions of Regulation (EC) No 2930/86;
(ii) the fishing activity of a vessel is measured in days at sea in
accordance with Annex VI to Regulation (EC) No 109/94;
(iii) in accordance with Annex VI to Regulation (EC) No 109/94 the
fishing effort of a vessel is measured both as tonnage effort,defined as the product of its activity and its tonnage expressed inGT, and as power effort, defined as the product of its activity andits powerexpr essed in kW.
2. Active and passive gears correspond to the lists of towed and
static gears respectively in Annex I, Table 2 to Regulation (EC) No109/94, with the exception of purse seines which are considered to beactive gears for the purposes of the present Decision.
3. Fleet segments and, if applicable, fisheries are defined as shown in
the Annex and in accordance with point 1 of the additional provisionsthereof.
Article 4
1. Until such time as a MemberState has fulfilled its obligations
pursuant to Regulation (EEC) No 2930/86 to submit a measured or dulyestimated GT value of a vessel, forthe pur poses of MAGP IV, the GTof that vessel shall be estimated by the Commission as being equivalentto the tonnage of that vessel expressed in GRT.
2. Any fishing effort reduction, including capacity reductions,
claimed by a MemberState shall not be taken into account by theCommission unless the MemberState has fulfilled its obligationpursuant to Regulation (EEC) No 2930/86 to furnish the Commissionwith the GT value orestimate of the vessel concer ned.
3. If a MemberState has not tr ansmitted all the values orestimates
of GT required pursuant to Regulation (EEC) No 2930/86 necessary inorder to determine whether that Member State has reached an inter-mediate orfinal objective, the Commission will assess whethertheinformation on tonnage that has been supplied to it is neverthelesssufficient to assume that the Member State concerned has reached thatobjective. If the Commission concludes that this is the case, it shallconsider that the conditions for granting modernisation and construction
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aid laid down in Article 10 of Regulation (EC) No 3699/93 have beenfulfilled.
Article 5
As long as a MemberState has not fulfilled its global final obligations
underMAGP III, and notably the obligation to achieve at least 55 % ofthe reduction objectives under MAGP III by capacity reductions, it shallbe deemed not to have fulfilled its global intermediate and/or finalobligations underMAGP IV.
Article 6
In order to monitor and control the implementation of the programme,
the MemberStates shall communicate all changes to the situation of thefishing fleet and the evolution of fishing effort by fishery according tothe procedures laid down in Regulation (EC) No 109/94.
The annual communication from the Commission to the Council and to
the European Parliament on the progress of the MAGP IV provided forin Article 6 of Regulation (EC) No 3699/93, shall be based on theinformation contained in the fishing vessel register of the Communityand may incorporate additional information contained in the reportscommunicated by the Member States in accordance with Article 6 ofRegulation (EC) No 3699/93.
Article 7
The objectives of the programme are indicated in the Annex. These
objectives may be revised by the Commission, pursuant to the proce-dure laid down in Article 18 of Regulation (EEC) No 3760/92, when-ever information gathered in order to calculate the objectives, notablyconcerning the composition of the catches by segment or by fishery, thestarting levels of effort and the GT values or estimates, is found to havebeen inaccurate.
Article 8
This Decision is addressed to the Federal Republic of Germany.It shall enter into force from 1 January 1997.
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ANNEX
MULTIANNUAL GUIDANCE PROGRAMME FOR THE FISHING
FLEET OF GERMANY FOR THE PERIOD 1997TO 2001
I. TABLES OF OBJECTIVES
The tables specifying the applicable reduction objectives can be found at the end
of this Annex.
II. ADDITIONAL PROVISIONS
1.Identification of segments and fisheries
Segments of the fleet are defined in accordance with Article 1(4) and 4 of
Decision 97/413/EC. One or more fisheries may be identified withinsegments using active gears.
Objectives fixed in terms of fishing effort by fishery are valid provided that
the measures to limit fishing effort described in the programme submittedpursuant to Article 6 of Decision 97/413/EC, as approved by the Commis-sion, are respected.
The objectives fixed must be attained foreach of the segments and wher e
applicable for each of the fisheries by the end of the programme.
Each segment of the fleet is allocated a code numberby which the segment
to which any vessel belongs is recorded in the fishing vessel register of theCommunity. All changes to the allocation of vessels to segments must becommunicated according to the procedures of Regulation (EC) No 109/94.
2.Conversion of tonnage objectives from units of GRT to units of GT
The objectives of the MAGP III fixed for31 December1996 ser ve as the
starting point for the calculation of the objectives of MAGP IV. Thetonnage objectives for the MAGP III are converted from units of grossregistered tonnes (GRT) to units of GT by the application of the followingformula to each of the fleet segments or applicable subdivisions of the fleetsegments of MAGP III:
Objective for31 December1996 (GT) =
objective for31 December1996 (GRT) ×Situation at 31 December
1996 (GT)
Situation at 31 December1996 (GRT)
where the situation at 31 December 1996 in GRT incorporates, where
necessary, calculations made in accordance with Commission Decision 97/259/EC (
1).
3.Calculation of the objectives
The objectives are expressed in terms of tonnage in GT and power as
defined in Regulation (EEC) No 2930/86 in kW.
3.1.Objectives by segment
Where a segment comprising small coastal vessels has been identified in
accordance with Article 3 of Decision 97/413/EC, the objectives fixed bythe MAGP IV are to stabilise capacity at its level at 1 January 1997 or, atthe choice of the Member State, to limit capacity to a level corresponding tothe objectives of the MAGP III forthis segment.
The capacity objectives for31 December2001 forall othersegments ar e
calculated by applying the appropriate reduction rate to the capacity objec-tives by segment for31 December1996 fixed by the MAGP III. If thevessels in one or more segments of the MAGP III are redistributed into oneormor e segments of the MAGP IV, the sum of the objectives for31December1996 of the MAGP III segments concer ned gives the sum of theobjectives for31 December1996 of the new MAGP IV segments socr eated. The objectives of the MAGP IV segments for31 December1996are calculated by partitioning this sum among the MAGP IV segmentsaccording to the size of those segments at 31 December 1996.
(1) OJ L 104, 22.4.1997, p. 28.
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The reduction rate applied to each segment is calculated according to the
method described in Annex II to Decision 97/413/EC, in which the pilotreduction rate for the segment is multiplied by the proportion of the catch inweight of the segment that is made up of critical stocks.
3.2.Objectives by fishery
Where distinct fisheries have been identified in one or more segments, and
where the programme for the limitation of fishing effort in each of thesefisheries submitted in accordance with Article 6 of Decision 97/413/EC hasbeen approved by the Commission, distinct effort reduction rates are calcu-lated for each of the fisheries. The method of calculation of the reductionrate in each fishery is identical to that for capacity reductions by segment.
The effort objectives by fishery are calculated by applying the appropriate
reduction rate to the baseline level of effort for that fishery. The baselinelevels of effort for the fisheries in a segment are calculated by partitioningthe effor t objective forthe segment for31 December1996 among thefisheries. The effort objective for the segment is given by the product of thecapacity objective of the segment for31 December1996 and mean activityof vessels in the segment over the reference period agreed with theCommission. The proportion of the effort objective for the segment allo-cated to each fishery is decided by the Member State subject to approval bythe Commission, and is fixed for the duration of the programme.
Without prejudice to the provisions of Articles 4 and 5 of the present
Decision, the intermediate objectives expressed in terms of fishing effortwill be deemed to have been met if the cumulative fishing effort from thestart of the programme to the date of the intermediate objective is equal toor less than the cumulative fishing effort that would have been exerted if allthe annual intermediate objectives had been met exactly.
Without prejudice to the provisions of Articles 4 and 5 of the present
Decision, the final objectives expressed in terms of fishing effort will bedeemed to have been met if the cumulative fishing effort over the period ofthe programme is equal to or less than the cumulative fishing effort thatwould have been exerted if all the annual objectives had been met exactly.
3.3.Authorisedad justments to the objectives
Member States may at any time submit to the Commission a programme of
safety improvements. In accordance with Articles 3 and 4 of Decision97/413/EC the Commission will decide whether any capacity increase fore-seen by such a programme justifies a corresponding increase in the objec-tives of the MAGP IV.
Where a Member State implements technical measures that result in a
reduction in the by-catch of critical stocks, the Commission will, at therequest of that Member State, determine whether these measures justify arevision of the weighted reduction rates applicable to the segments orfisheries concerned.
The Decisions of the Commission concerning the provisions of this para-
graph will be taken according to the procedures of Article 18 of Regulation(EEC) No 3760/92.
3.4.Backlog from the previous programme
Wher e the objectives for31 December1996 have not been achieved, the
backlog in a given segment can be made up by a mixture of capacity andactivity reductions, provided that a programme for the reduction of effort issubmitted to the Commission for approval in accordance with Article 4 ofRegulation (EC) No 109/94 and provided that at least 55 % of the backlogfor all segments combined is made up by capacity reductions. The reduc-tions in activity resulting from such a programme have been taken intoaccount in or derto establish the baseline activity levels forMAGP IV.
4.Implementation and monitoring
The implementation of the measures to reduce fishing effort for certain
segments of fleet require that evidence is given to the Commission by theMemberState that the following ar e available foreach of the segmentsconcerned:
— data concerning activity levels before the entry into force of the meas-
ures,
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— effective tools to manage time at sea, and an ability to manage fishing
licence schemes,
— data making it possible to follow the effect of the measures imple-
mented. These effects have to be controllable by the Commission, inaccordance with the provisions of Council Regulation (EEC) No 2847/93 (
1) relating to control.
(1) OJ L 261, 20.10.1993, p. 1.
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WeightedSituation 1.1.1997 Objective 31.12.1996 Objective 31.12.2001
Area Stocks Segment Catch composition Pilot rate reduc-
tion GT (*) kW GT (*) kWGT (*) × t
(’000)k W×t
(’000)GT (*) kWGT (*) × t
(’000)k W×t
(’000)
Baltic and North
SeaDemersal andherring Small scalecoastal
<12 metres0% 0% 4 050 27 999 4 827 31 433 4 827 31 433
Subtotal 4 05027 999 4 82731 433 4 82731 433
Baltic and North
SeaDemersal Passive gear
>12 metresDR: 4,8 %
OF: 18,6 %25 % 5,9 % 2 004 5 605 2 186 6 200 2 057 5 834
Baltic and NorthSea Demersal Trawlers DR: 14,9 %OF: 54,4 % 30 % 20,8 % 11 204 34 798 14 910 40 657 11 809 32 200
North Sea Flatfish Beam trawlers DR: 93,5 %OF: 0,9 % 30 % 28,3 % 1 731 5 903 2 263 6 759 564 1 658 2 263 6 759 404 1 189
North Sea Flatfish and crus-tacea Beam trawlers
(Lists I and II)DR: 25,5 %
OF: 5,9 %30 % 9,4 % 12 544 50 334 11 944 52 522 10 821 47 585
EU waters Pelagic Trawlers DR: 29,3 %OF: 24,3 % 30 % 16,1 % 18 264 11 749 18 356 12 841 4 684 3 336 18 356 12 841 3 930 2 799
Third country,NAFO, NEAFCand EU waters Demersal Trawlers DR: 9,9 %OF: 10,2 % 30 % 6,0 % 20 357 25 495 33 872 35 529 31 840 33 397
Subtotal 66 104133 884 83 531154 508 77 146138 617
Total70 154161 883 88 358185 941 81 973170 050
DR: Depletion risk.
OF: Overfished.
(*) Includes estimated GT values in accordance with Article 4 of the present Decision. The objectives will be revised as real GT values become availabl e.