Proposal for a Council Decision concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2002 with a view to achieving a balance on a sustainable basis between resources and their exploitation

(96/C 259/05)

(Text with EEA relevance)

COM(96) 237 final - 96/0142(COD)

(Submitted by the Commission on 3 July 1996)

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 and aquaculture (1), as amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 11 thereof,

Having regard to the proposal of the Commission,

Having regard to the opinion of the European Parliament,

Whereas the Community fisheries sector should be restructured in a way that takes into account the characteristics of each fishery; whereas the objectives and detailed rules for restructuring the Community fleet should be fixed by fleet segment in relation to a stock or group of stocks;

Whereas, given the generally worrying findings as to the state of the resources accessible to Community vessels, reinforced by the production of a report by independent experts delivered by the Commission to the Council on 22 April 1996 (2), the Council agreed that it was necessary, over a period of time sufficiently long to afford a real remedy, to adopt precise guidelines for the adjustment of capacity and fishing effort in the various segments of the Community fleet according to a programme that takes into account the state of the various stocks or groups of stocks, whilst taking into account that the Member States will not be prevented from taking the quotas actually available;

Whereas the critical state of certain stocks should be recognized; whereas the urgency of the measures to be applied to these stocks justifies a reduction in the capacity of the corresponding fleet segments that is more rapid at the beginning of the programme than at the end;

Whereas the objectives and detailed rules for restructuring must take into account the fishing types and methods and their effects on the fish stocks and the marine environment; whereas it is therefore appropriate to ensure a clear distinction between towed gears and static gears;

Whereas the characteristics of the power and tonnage of the vessels are the pertinent parameters as to fishing capacity for fleets using towed gears or purse seines, while such parameters are less pertinent for fleets using static gears; whereas for those gears, besides the provisions adopted in this Decision, provisions should be adopted in the framework of technical measures influencing the fishing mortality for which they are responsible;

Whereas as far as static gears are concerned the reference situations vary from one Member State to another; whereas provisions should be adapted to the specific circumstances in the different Member States;

Whereas it is necessary to take into account an increased efficiency in fishing attributable solely to the effect of technical progress and generally estimated to be around 2 % per year for the whole of the Community fleet;

Whereas the Commission organized between September 1995 and March 1996 a series of 35 regional and European consultations with the professional organizations and local groups most affected by the evolution of fishing; whereas it emerged from this wide consultation that the restructuring of the sector, however necessary it might be, could have a social impact on employment in the industry, especially in the short term and on employment aboard ship; whereas, as far as possible and in addition to the socio-economic accompanying measures envisaged by Community regulations, the impact should be attenuated by phasing in the measures for restructuring the sector;

Whereas, in cases where the state of the stocks is so critical that urgent solutions are called for, such phasing in would not be appropriate;

Whereas the employment generated by the sector in areas dependent on fishing should be taken into account; whereas it is justified in the case of small-scale coastal fisheries using static gears to apply special treatment, since this activity ensures a high number of direct jobs relative to the small catches of fish;

Whereas, in situations justified by the economic conditions of the exploitation of certain fleet segments and by the specific character of certain fishing activities, the reductions of fishing effort required by the state of the stocks can be achieved by a reduction in the level of activity of the said segments rather than a reduction in their capacity, provided that the Member State concerned demonstrates its ability to set up and administer fishing effort regimes by fishery;

Whereas pursuant to Article 5 (4) of Council Regulation (EC) No 3699/93 of 21 December 1993 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products (1), as last amended by Commission Regulation (EC) No 965/96 (2), the Member States transmitted to the Commission information on the minimum content of the multiannual guidance programmes for the fishing fleet for the period 1997-1999;

Whereas the period 1997-1999 coincides with the end of the financial programming period of the sector in the framework of the structural funds; whereas the detailed rules for restructuring the sector for this period should be now be specified according to the provisions of Article 5 of the said Regulation (EC) No 3699/93;

Whereas that term does not, however, correspond to a programming period long enough to ensure sufficient restructuring of the sector, and in consequence supplementary measures should be adopted in a second phase covering a supplementary period at least equal to the first; whereas this Decision does not prejudge any accompanying Community finance for restructuring the sector that might be adopted for a period after 31 December 1999;

Whereas the method for fixing the objectives for the reduction of fleet capacity should take into account the efforts made in the past; whereas it should be ensured that the objectives of such programmes are implemented in a progressive and balanced way;

Whereas the reductions in capacity should be in line with the objectives fixed in terms of the progression of fishing mortalities by stock and of effort by fishery,

HAS ADOPTED THIS DECISION:

Article 1

1. The capacities of segments of the fishing fleet of each Member State shall be diminished according to the percentage reductions in fishing effort required by stock or group of stocks and within the deadlines set out in the Annex.

2. When a segment of the fleet fishes several stocks or groups of stocks, the reduction applied shall be the highest percentage reduction in fishing effort corresponding to the most sensitive stock.

3. The segmentation of the fleet of each Member State shall be determined according to the procedures under Article 18 of Regulation (EEC) No 3760/92 in relation to the stocks or groups of stocks defined in the Annex hereto and taking into account the segmentation adopted as part of the third multiannual guidance programme.

4. A segment of the fleet shall be defined as a homogeneous group of vessels for which the fishing activities are similar. A segment shall be polyvalent if it is composed of vessels using alternatively towed gear, static gear, or gear of a different nature. A vessel shall be classified as polyvalent on the basis of information provided to the Commission on the basis of Commission Regulation (EC) No 109/94 (1), and in particular Annex 1, Table 2 thereof.

Article 2

In accordance with the procedures defined in the framework of Regulation (EC) No 109/94 concerning the fishing vessel register of the Community:

1. the capacities of segments composed of vessels using towed gears and purse seines are expressed at least in tonnage GT and total installed power kW;

2. the capacities of segments composed of vessels using static fixed or floating gears are expressed at least in number of vessels and tonnage GT;

3. the capacities of mixed segments composed of vessels using alternately towed gears and static gears are expressed at least in tonnage GT, total installed power kW and number of vessels.

Article 3

In each Member State the fleet segment composed of fishing vessels of less than seven metres in overall length and not equipped for fishing with towed gears shall be exempt from the provisions of Article 1. Any increase in the capacity of this segment expressed in tonnage GT and in number of vessels according to the data collected pursuant to Regulation (EC) No 109/94 shall be prohibited from 1 January 1997 until 31 December 2002.

Article 4

1. Each Member State shall adopt the measures necessary to constrain the evolution of fishing effort, as defined by point (f) of Article 3 of Regulations (EEC) No 3760/92, exercised by fleet segments using static gears within the limits and deadlines specified in the Annex hereto. The proposed measures, the effect of which must be that the required reductions in capacity result in equivalent reductions in fishing effort, shall be submitted to the Commission for approval by 30 June 1997 at the latest.

2. Any Member State may propose, according to the procedure under Article 4 of Regulation (EC) No 109/94, a programme to limit fishing effort, including measures regulating fishing activity, for the segments of the fleet covered by Article 2 of this Decision. Where the Commission decides to accept such a programme it shall determine, in its decision of acceptance, to what extent and under what conditions the implementation of the said programme would result in the obligations to reduce capacity in the Member States concerned being eased within the framework of the decisions covered by Article 5 (2) of Regulation (EC) No 3699/93.

Article 5

The segments of the fleet affected by fisheries management recommendations issued by international organizations approved by the Community or the Member States and, if necessary, the segments of the fleet covered by fishing agreements concluded between the Community and third countries, shall be identified and their capacities adjusted by the Commission on the basis of this Decision, in line with the objectives fixed by those recommendations and the fishing opportunities defined by the agreements.

Article 6

1. The implementation of the objectives and the detailed rules of this Decision shall be carried out by the Commission in two phases, the first of which shall be for the period from 1 January 1997 to 31 December 1999 within the framework of the provisions of Article 5 of Regulation (EC) No 3699/93 concerning the multiannual guidance programmes for the fishing fleets. It is within this framework that the segmentation of the fleet and the detailed rules fixing the objectives by segment as a function of the objectives fixed by the previous programmes shall be adopted.

2. The target reductions in capacity by fleet segment, fixed according to the percentages in Annex I covering phase I (1997-1999) shall be achieved by 31 December 1999 at the latest.

3. The target reductions in capacity by fleet segment fixed according to the percentages in Annex I covering phase II (2000-2002) shall be achieved by 31 December 2002 at the latest. To this end the Member States shall transmit to the Commission by 1 January 1999 at the latest the information set out in Annex II to Regulation (EC) No 3699/93 adapted on the occasion for the period 1999-2002.

The Scientific, Technical and Economic Committee for Fisheries established by Article 16 of Regulation (EC) No 3760/92 shall provide by 1 January 1999 at the latest a report on the evolution of fish stocks and of fisheries.

On the basis of that information the Council may, according to the procedure of Article 43 of the Treaty, revise the guidelines that it has fixed in this Decision.

4. Any other decision necessary for the implementation of this Decision shall be taken according to the procedure under Article 18 of Regulation (EEC) No 3760/92.

Article 7

For the period from 31 December 2002, the objectives and detailed rules envisaged in Article 11 of Regulation (EEC) No 3760/92 shall be fixed by the Council by 30 June 2002 at the latest.

Article 8

This Decision is addressed to the Member States.

(1) OJ No L 389, 31. 12. 1992, p. 1.

(2) Report of the group of independent experts to advise the European Commission on the fourth generation of multiannual guidance programmes (MGP IV).

(1) OJ No L 346, 31. 12. 1993, p. 1.

(2) OJ No L 131, 1. 6. 1996, p. 1.

(1) OJ No L 19, 22. 1. 1994, p. 5. Regulation as last amended by Regulation No 493/96 of 20 March 1996 (OJ No L 72, 21. 3. 1996, p. 12).

ANNEX

relative to the pilot reduction rates for the restructuring of the fishing fleet during the period from 1 January 1997 to 31 December 2002

The percentages shown in the maritime region tables fix reductions in fishing effort by stock or groups of stocks for phase I (1997-1999), phase II (2000-2002) and for the whole period (1997-2002).

These percentages apply to the segment capacity ceilings at 31 December 1996 fixed in Commission Decisions 95/238/EC to 95/248/EC of 7 June 1995 (1) concerning the third multiannual guidance programmes for the period 1993-1996. These ceilings will be converted according to fleet remeasurement procedures, collection of data on power installed on board, and possibily the revision of segmentation of the fleet should this exercise prove to be necessary to take into account pilot reduction rates in the present Annex.

1. Pilot reduction rates applicable to segments using fixed gear in all the maritime regions as well as segments not targeted by those tables under point 2

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2. Pilot reduction rates applicable to segments using trawls, purse seines or composed of polyvalent vessels by maritime region: (based on the numbered divisions established by the International Council for the Exploration of the Sea: ICES and NAFO). The fleet segments not identified with the stocks targeted by the tables below but indicated by maritime area and by type of demersal fishery, benthic and pelagic, industrial fishing and fishing for deep water species will be subject to a general capacity reduction of 12 % in two equal parts of 6 % for each phase.

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(1) OJ No L 166, 15. 7. 1995.