Proposal for a COUNCIL REGULATION on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EEC) 2847/93

(presented by the Commission)

EXPLANATORY MEMORANDUM

This proposal for a Council Regulation puts in place a new regime for fishing effort in Atlantic Waters, replacing the existing system, which was set out under Regulation (EC) No 685/95 of the Council of 27 March 1995 on the management of the fishing effort relating to certain Community fishing areas and resources [1], and of Regulation (EC) No. 2027/95 of the Council of 15 June 1995, implementing a system of fishing effort management concerning certain Community fishing areas and resources [2].

[1] OJ No. L 71,31.3.1995, p.5.

[2] OJ No. L 199, 24.8. 1995, p. 1.

The Regulations (EC) No 685/95 and (EC) No. 2027/95 make up the "Western Waters Fishing Effort Regime". This regime allowed the adoption of the first fishing effort management regime in Atlantic Waters. The regime had a double objective:

- the implementation of the new management instrument, set out by the base Regulation (EC) No 3760/92, which had to ensure the non-increase in fishing effort for all Member States as a whole and to allocate fishing effort so as to preserve the existing distribution of fishing effort between different areas;

- the adjustment and incorporation into Community measures of the arrangements regarding access to waters and resources laid down in the Accession Act of Spain and Portugal, taking account of the necessity to preserve the equilibrium of resources in very sensitive areas, by means of certain limitations on access under the Act of Accession.

This fishing effort regime, applicable since 1 January 1996, fixed the maximum fishing effort ceilings by fishery for demersal species, which are subject to monitoring and follow-up by Members States and by the Commission, by means of Regulation(EC) 2847/93 of the Council of 12 October 1993, establishing a control system applicable to the Common Fisheries Policy.

This regime should be now revised in the light of changes in the legal framework.

The regime of access to certain areas and resources defined in the Articles 156 to 166 and 347 to 353 of the Act of Accession of Spain and Portugal expires on 31 December 2002. Spain and Portugal will from that date be fully integrated into the Common Fisheries Policy. Consequently certain provisions in Regulation (EC) 685/95, such as the limitation in the number of Spanish vessels allowed to fish in the Irish Box and the access limitations to the continental shelf waters of Portugal, have to be revised to take account of the new legal situation. There are also certain provisions of Title II of Regulation (EC) 2847/93 [3] of 12 October 1993, establishing a control system applicable to the common fisheries policy, that shall also be reviewed to take into account the new legal situation.

[3] OJ No. L261, 20.10.1993, p.1.

The Regulation (EC) 685/95 and the Regulation (EC) 2027/85, unlike the provisions of the Act of Accession, did not contain an explicit time limit as to their validity. However some are of the opinion that the Regulations cease to apply with the expiry of the transitional period in the Act of Accession because of the expressed link between the two set of rules. On the contrary, others consider that because the Regulations do not contain explicit time limits and are based on Article 37 (former 43) of the Treaty they continue to apply, but have to be revised to remove existing discriminations between Member States.

The Commission is concerned that this legal uncertainty should not lead to problems between Member States or fishermen at sea.

It is therefore necessary that the legislator acts as soon as possible to remove any discrimination on nationality between Member States still contained in the Regulations, while maintaining efficient management of resources in the areas concerned.

In the meantime Member States should act responsibly and co-operate in order to ensure the maintenance of conservation measures and the avoidance of disputes about fishing rights in the areas concerned.

It is important for fisheries management that the provisions of Regulation (EC) No 685/95 and Regulation (EC) No 2027/95, which are designed to establish a management system in order to prevent an increase in fishing effort and which are not related to the Act of Accession of Spain and Portugal should be maintained in the present proposal.

However the significant reduction in overall fishing possibilities in the area concerned since 1996 makes it necessary to revise fishing effort ceilings.

The new fishing effort regime proposed for the Atlantic waters takes account of these evolutions and is aimed at guaranteeing the stability of fishing effort levels in the Atlantic waters, on the basis of deployed fishing effort over a recent period by the vessels of all Member States.

To achieve this objective the present proposal foresees the following:

- A. The establishment of lists of fishing vessels authorised to exercise their fishing activities in the fisheries.

The proposal foresees that Member States establish lists of vessels flying their flag, which will be authorised to exercise fishing activities within the fisheries. Contrary to the existing list and to avoid an increase in fishing effort this list will be limited to vessels which, during the period 1998 to 2002, exercised fishing activities in these fisheries. However, each Member State will be able to replace vessels on this list on the condition that there is no increase in capacity.

- B. The evaluation and the setting of maximum fishing effort ceilings for demersal fisheries.

It is proposed that Member States shall assess the levels of fishing effort exerted during the period 1998 to 2002 in each ICES sub-area and division and CECAF area defined in Annexes I and II and shall allocate levels of fishing effort assessed in each of these sub-areas, divisions or areas, taking into account the fishing opportunities available in 2003 in the corresponding

sub-areas, divisions or areas [4]. On the basis of this information, the Council will fix the maximum annual fishing effort for each Member State and each fishery. These levels will be determined on the basis of information transmitted to the Commission by Member States according to the present Regulation, and to Article 19 (f) of the Control Regulation 2847/93.

[4] An alternative approach might have been to limit the number of vessels in the Irish Box for all Member States. The Commission has chosen not to follow this approach as the conservation justification for particularly restricting fishing effort in this area has not been fully established and it would be difficult to establish in a short time a technical basis for fixing the number of vessels concerned.

The fishing effort will be managed, for each fishery, in same manner as in preceding periods, that is to say based on the type of fishing gear, the targeted species and the different ICES subareas and divisions and CECAF areas where effort is deployed.

These fishing effort levels will take into consideration the evolution of the fisheries and the utilisation of fishing efforts by Member States since 1996 and will be the basis of the future management of fishing efforts in the Atlantic.

- C. Measures concerning the capture of pelagic species.

It is also foreseen to implement maximum effort ceilings to be deployed by Member State fleets for pelagic species, on the basis of the fishing effort effectively deployed during the period 1998 to 2002 for the regulated stocks, which was not foreseen in former fishing effort regime4. The evolution of certain pelagic fisheries requires, in effect, that the level of fishing effort be limited in order to avoid over-exploitation of these stocks.

- D. The establishment of conditions to exercise certain fishing activities.

The present proposal foresees the maintenance of the access limitations to the waters of some outermost regions of the Community (Azores, Canaries, Madeira). It is planned that the access of tuna fishing vessels will be excluded, except under common agreements between Spain and Portugal.

The present regime provisionally keeps these access limitations on the basis of the status of outermost regions (Article 292, paragraph 2 of the EC Treaty) until the assessment and definition of new access rules by the Commission during 2003.

- E. The adaptation of the Fishing Effort Control Regime.

This proposal foresees the maintenance of monitoring and control measures, previously established in the Title II bis of the Regulation (EC) No 2847/93. However, certain measures have been modified to take into consideration the expiry of the access to waters and resources regimes, established in the Act of Accession of Spain and Portugal.

Given the urgency of the need to create legal certainty, the Commission calls on the Council to act as soon as possible and to request that an urgency procedure be followed for consultation of the European Parliament.

2002/0295 (CNS)

Proposal for a COUNCIL REGULATION on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EEC) 2847/93

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission [5],

[5] OJ C [...], p.[...].

Having regard to the opinion of the European Parliament [6],

[6] OJ C [...], p.[...].

Whereas:

(1) Article 4 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture [7] provides that it is the Council's responsibility to establish Community measures laying down the conditions of access to areas and resources and of the pursuit of fishing activities.

[7] OJ No L 389, 31. 12. 1992, p. 1.

(2) The regime of access to certain areas and resources defined in the Articles 156 to 166 and 347 to 353 of the Act of Accession of Spain and Portugal expires on 31 December 2002. Consequently certain provisions of Council Regulations (EC) 685/95, on the management of the fishing effort relating to certain Community fishing areas and resources [8], and (EC) No 2027/95, establishing a system for the management of fishing effort relating to certain Community fishing areas and resources [9] need to be adapted to the new legal situation.

[8] OJ No. L 71, 31. 3. 1995, p. 5.

[9] OJ No. L 199, 24. 8. 1995, p.1.

(3) Other provisions laid down in these Regulations, are designed to establish a general system for the management of fishing effort in order to prevent an increase in fishing effort and are not related to the Act of Accession of Spain and Portugal. Those provisions are important for fisheries management and should be maintained.

(4) In order to ensure that there is no increase in the overall levels of existing fishing effort in the fisheries, it is necessary to establish a new fishing effort management regime in ICES zones Vb, VI, VII, VIII, IX and X and CECAF areas 34.1.1, 34.1.2, and 34.2.0. This regime shall limit fishing effort on the basis of the fishing effort deployed in these fisheries during the period 1998 to 2002.

(5) It is the responsibility of flag Member States to adopt measures to regulate fishing effort; as a result, it is necessary to ensure transparency and equity of management and monitoring procedures.

(6) It is necessary for the protection of the sensitive biological situation of the areas around Açores, Canary and Madeira and the preservation of the local economy of these islands, to provisionally limit certain fishing activities, namely in the tuna fisheries, pending the assessment of the conditions of these fishing activities, in the areas defined in the Article 299, paragraph 2 of the EC Treaty, and covered by the present fishing regime.

(7) As a consequence of the change in the fishing effort management regime it is necessary to make corresponding changes in the Title II of the Council Regulation (CEE) No 2847/93, establishing a control system applicable to the CFP [10].

[10] OJ No L 261, 20. 10. 1993, p. 1.

(8) For the sake of legal certainty and to avoid the risk of alterations in the current equilibrium in the areas and resources involved, as well as to guarantee that the fishing effort deployed is in balance with available resources, it is essential that the Regulations (EC) No 685/95 and (EC) 2027/95 are replaced.

HAS ADOPTED THIS REGULATION:

Chapter I

Scope and definitions

Article I

Scope

1. This Regulation establishes, with effect from 1 January 2003, the criteria and procedures for a system relating to the management of fishing effort in ICES division Vb and subareas VI, VII, VIII, IX and X and CECAF areas 34.1.1, 34.1.2, and 34.2.0.

2. The provisions laid down in Articles 3, 4, 5 and 9 shall apply to vessels of over 18 metres in overall length.

Article 2

Definitions

For the purpose of this Regulation the following definitions shall apply:

(a) ICES and CECAF zones are as defined in Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the Northeast Atlantic [11].

[11] OJ L 365, 31.12.1991, p. 1. Regulation as amended by Commission Regulation (EC) No 1637/2001 (OJ L 222, 17.8.2001, p.20).

(b) "fishing effort" means the product of the capacity and the activity of a fishing vessel; for a group of vessels it means the sum of fishing effort exerted by each vessel of the group.

Chapter II

Fishing effort management regime

TITLE I

Provisions concerning certain fisheries

Article 3

Measures concerning the catching of demersal species.

Member States shall:

a) assess the levels of fishing effort exerted, during the period 1998 to 2002, in each ICES sub-area and division and CECAF area referred in Article 1, with regard to the demersal fisheries defined in Annex I.

b) allocate the level of fishing effort assessed conforming to a) in each ICES sub-area or division or CECAF areas, with regard to the demersal fisheries in Annex I, taking into account the fishing opportunities available in 2003 for each ICES sub-area or division or CECAF area.

Article 4

Measures concerning the catching of pelagic species.

Member States shall:

a) assess the levels of fishing effort exerted, during the period 1998 to 2002, in each ICES sub-area and division and CECAF area mentioned in Article 1, with regard to the pelagic fisheries defined in Annex II.

b) allocate the level of fishing effort assessed conforming to a) in each ICES sub-area or division or CECAF areas, with regard to the pelagic fisheries in Annex II, taking into account the fishing opportunities available in 2003 for each ICES sub-area or division or CECAF area.

Article 5

Fishing vessels equal to or less than 18 metres

The fishing effort of fishing vessels equal to or less than 18 metres in overall length shall be assessed globally for each fishery.

Article 6

Conditions for certain fishing activities.

1. The access of vessels fishing for tuna and tuna like species to island waters under the sovereignty or jurisdiction of Portugal in ICES sub-area X and CECAF areas 34.1.1, 34.1.2, and 34.2.0 , and to island waters under the sovereignty or jurisdiction of Spain in CECAF 34.1.1, 34.1.2, and 34.2.0 is limited to vessels registered in the ports of the areas concerned, except, where appropriate, in the case of Community vessels engaging in these fishing activities, which involve the use of traditional gears under a joint agreement between Member States.

2. The Commission shall submit before 31 December 2003 an execution report on the provisions laid down in paragraph 1 and, if necessary, shall submit to the Council proposals to adapt these provisions.

TITLE II

General provisions

Article 7

Lists of vessels

1. The Member States shall establish a list of named fishing vessels flying their respective flags which are authorised to carry out their fishing activities in the fisheries defined in Annex I and II from 1st January 2003. This list can be made up only of vessels that can be shown to have undertaken fishing activity in some of these fisheries between 1998 and 2002.

2. Member States may subsequently replace vessels entered on their list provided that the total capacity of vessels using any given fishing gear type does not increase.

Article 8

Regulation of fishing effort

1. The Member States shall take the necessary measures to regulate the fishing effort where the fishing effort corresponding to free access for fishing vessels entered on the lists of named vessels referred to in Article 7 exceeds the allocated effort.

2. Member States may regulate fishing effort by monitoring the activity of their fleet and by taking appropriate action if the level of the fishing effort authorised pursuant to Article 10 is about to be reached to ensure that effort does not exceed the set limits.

3. Each Member State shall issue special fishing permits for vessels flying its flag which engage in fishing activities in the fisheries referred to in Annex I and II in accordance with Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits [12].

[12] OJ No L 171, 6. 7. 1994, p. 7.

4. With regard to the catching of pelagic species, including the highly migratory species, defined in Annex II, the Member States shall take steps to ensure a posteriori monitoring of the actual fishing effort.

Article 9

Notification

1. Member States shall notify the Commission before 31 January 2003:

a) the lists of named vessels referred to in Article 7;

b) the assessment of the fishing effort as described in Articles 3 and 4;

c) the fishing effort regulation measures, as referred to in Article 8.

2. Member States shall periodically communicate to the Commission each amendment made to the information referred to in paragraph 1.

3. The Commission shall, in turn, forward the information referred to in paragraphs 1 and 2 to all other Member States.

4. Member States, when submitting the list of vessels referred to in Article 7, shall highlight those changes that have been made from the last list notified under the article 1 of the Council Regulation (EC) No 2092 /98 of 30 September 1998, concerning the declaration of fishing effort relating to certain Community fishing areas and resources [13].

[13] OJ No L 266, 1.10.1998, p. 47.

Article 10

Decision making

1. On the basis of the information referred to in Article 9 and after close consultation with the Member States concerned the Commission shall submit to the Council, by 30 April 2003 at the latest, a proposal for a Regulation fixing the maximum annual fishing effort for each Member State and for each fishery.

2. The Council shall, by 30 June 2003 at the latest, decide on this proposal in accordance with the procedure laid down in Article 8 (4) of Regulation (EEC) No 3760/92 and may adapt the conditions under Article 6 for engaging in fishing activities which have been taken by the Member States concerned. The Regulation, which will be adopted by the Council, may provide for the adoption of implementation measures, in accordance with the procedure provided for in Article 18 of Regulation (EEC) No 3760/92, including the adjustment, in certain circumstances, of the conditions for undertaking fishing activities.

3. Should the Council fail to decide, by 31 July 2003 at the latest, the Commission shall adopt, on the basis of the proposal referred to in paragraph 1, if possible by 31 October 2003 at the latest, in accordance with the procedure laid down in Article 18 of Regulation (EEC) No 3760/92, the measures needed to ensure that each Member State does not increase its fishing effort beyond their existing level.

4. If the measures laid down in paragraph 3 are not adopted by the Commission before 31 December 2003, the lists of named fishing vessels and, if necessary, the arrangements for regulating the fishing effort which are communicated to the Commission by the Member States shall apply.

Article 11

Adaptations

1. The maximum fishing effort referred to in Article 10 shall be adapted in view of exchanges of quota carried out pursuant to Article 9 (1) of Regulation (EEC) No 3760/92 and reallocations and/or deductions made pursuant to Articles 21 (4), 23 (1) and 32 (2) of Regulation (EEC) No 2847/93, in conformity with paragraph 2 and pursuant to Articles X and Y of Council Regulation XXX/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy.

2. Where Member States decide to exchange all or part of the fishing opportunities allocated to them, they shall notify the Commission not only of that exchange expressed in fishing quotas but also expressed in fishing effort relating thereto as agreed between them. In the event of reallocations and/or deductions of quotas, the Member States shall notify the Commission of the fishing effort corresponding to such reallocations and/or deductions.

3. The Member States concerned shall adjust the maximum level of their fishing effort corresponding to:

(a) exchanges of quota; and

(b) reallocations and/or deductions.

Chapter III

Control regime

Article 12

Amendments

Regulation (EEC) No 2847/93 is amended as follows:

1. Article 19 a (1) is replaced by the following: "The provisions of this Title shall apply to Community fishing vessels which are authorised by Member States in accordance with Articles 3, 4, 6 and 10 of Council Regulation XXX/2003 on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EEC) 2847/93, to carry out fishing activities in the fishing areas defined in Annex I and II."

2. In Article 19 (g) the words "in the Irish Box for demersal fishing areas" are deleted.

3. In Article 19 (h) the words "and in the Irish Box" are deleted.

4. In Article 19 (i), first indent, the words "and in the Irish Box" are deleted.

5. In Article 20a (1), the words "and in the Irish Box" are deleted.

6. In Article 20a (2), the words "and in the Irish Box" are deleted.

7. In Article 21a, the first paragraph is replaced by the following: "Each Member State shall determine the date on which the vessels flying its flag or registered in its territory shall be deemed to have reached the maximum fishing effort level in a fishing area as laid down in Council Regulation XXX/2003 on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EEC) 2847/93 referred to in Article 10, paragraph 2 or 3. As from that date, it shall provisionally prohibit the fishing activities of the said vessels in that area. The Commission shall be notified forthwith of this measure and shall then inform the other Member States".

Chapter IV

Final provisions

Article 13

Repeal

1. The Regulations (CE) No 685 /95 and (CE) No 2027/95 are repealed.

2. References to the repealed Regulation shall be construed as references to this Regulation, and shall be read in accordance with the correlation table in Annex III.

Article 14

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

ANNEX I

>TABLE POSITION>

>TABLE POSITION>

>TABLE POSITION>

>TABLE POSITION>

>TABLE POSITION>

>TABLE POSITION>

ANNEX II

>TABLE POSITION>

>TABLE POSITION>

>TABLE POSITION>

ANNEX III

Table of correspondences (to be completed later)

Regulation (CE) No 685/95 // This regulation

Article 1 // Article 1

Article 2 // Article 7

Article 3 // Article 3

Article 4 // Article 4

Article 5 // Article 9

Article 6 // Article 10

Article 7 // -

Article 8 // -

Article 9 // Articles 1 and 11

Article 10 // -

Article 11 // -

Article 12 // -

Article 13 // Article 14

Annex I // Annex I and II

Regulation (CE) No 2027/95 // This regulation

Article 1 // -

Article 2 // -

Article 3 // Article 11

Article 4 // -

Article 5 // Article 14

Annex I // Annex I and II