Brussels, 29.11.2004

COM(2004) 746 final

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Proposal for a

COUNCIL REGULATION

fixing for 2005 and 2006 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks, and amending Council Regulation (EC) No 2347/2002

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(presented by the Commission)

EXPLANATORY MEMORANDUM

Deep-sea stocks are fish stocks caught in waters beyond the main fishing grounds of continental shelves. They are distributed on the continental slopes or associated with seamounts. These species are slow-growing and particularly vulnerable to overexploitation.

Interim management measures were put in place by means of Council Regulation No 2340/2002 of 16 December 2002 fixing for 2003 and 2004 the fishing opportunities for deep-sea fish stocks[1] and Council Regulation No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks[2]. It is now necessary to fix the fishing opportunities for 2005 and 2006 based on scientific advice, and to make corresponding adaptations to the specific access requirements by adjusting the power and capacity of the deep-sea fishing fleets to the available fishing opportunities.

New scientific advice from ICES indicates that most exploited deepwater species are harvested unsustainably, and ICES has recommended immediate reductions in established deep-sea fisheries unless they can be shown to be sustainable. No deep-sea fisheries currently meet this criterion.

ICES has advised that the most appropriate conservation measures for these species would be based on effort limitation and reduction. However, restricting catches by means of quota management of fisheries is considered a useful additional step in applying conservation measures.

Due to the urgent requirements for conservation of these species, it is desirable to implement these measures unilaterally while continuing to seek agreement on harmonised measures within the relevant regional fisheries organisation (NEAFC, the North-East Atlantic Fisheries Commission) with the other countries concerned. The fixing and sharing of possibilities for fishing falls exclusively within the competence of the Community. The Community's obligations for sustainable exploitation of living aquatic resources arise from obligations set out in Article 2 of Regulation No 2371/2002 of the Council of 20 December 2002[3]. Such fishing opportunities should be in accordance with international agreements covering precautionary management and the sustainable use of fisheries resources, inter alia the United Nations agreement concerning the conservation and management of straddling fish stocks and highly migratory fish stocks.

This proposal is designed to provide fishing opportunities in accordance with scientific advice.

For all the stock covered by this proposal, insufficient data are available to demonstrate the sustainability of the fisheries. New programmes to deliver improved biological monitoring of the stocks have not yet delivered the required information, and in accordance with the precautionary approach, it is appropriate in most cases to reduce fishing opportunities until they can be shown to be sustainable. The approach used in the preparation of this proposal is as follows:

- Where scientific advice indicates a need to reduce fishing effort or catches by a specific figure, then that figure is used in the calculation of new fishing opportunities. However, in order to mitigate social and economic disruptions, reductions in Community quotas have been limited to no more than 50% compared with the catch in 2003.

- Where scientific advice indicates a need for a significant reduction in fishing effort or catches but does not specify a particular figure, a 30% reduction in catching opportunities is proposed.

- When calculating Community quotas for 2005 and 2006, Community catch reports for 2003 are used as a baseline for reductions where a quota was established in 2002. In these cases, quotas for member states have been maintained in the same relative proportions as in 2002. Where no quota was in place, an average catches in 2001, 2002 and 2003 and reported to international organisations was used as a baseline where these data were available. In other cases the most recent relevant data were used for reference purposes.

- Where existing quotas are very small (of the order of 50t and intended to cover by-catches) no reductions are proposed in order to avoid creating an obligation to discard.

- Given scientific advice that the exploitation of orange roughy in ICES Division VII is "much too high", a 50 % reduction in quotas is proposed together with a closed area for this species in Division VI (where the stock is heavily depleted). Additional closed areas in international waters are to be discussed within NEAFC.

For Greenland halibut in Areas IIa(EC waters), IV and VI (Community waters and waters not under the sovereignty or jurisdiction of third countries) the Commission also proposes to set a maximum level of catches for the whole area of distribution of the stock. Such a maximum level corresponds to a 30% reduction of catches with respect to the period 2001-2003. In any case, the catch limitations proposed for this area are without prejudice to the relative stability established for this stock in Greenland waters.

This proposal is in accordance with Article 1 of the Fourth Protocol laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and the local Government of Greenland, on the other[4], which states that the quotas shall be fixed each year in the light of the available scientific information.

In parallel with the overall reductions in quotas, a 30% reduction in the fishing effort of the fleet permitted to land deep-sea species is proposed, concomitant with scientific advice concerning reduction of effort directed at these species.

Proposal for a

COUNCIL REGULATION

fixing for 2005 and 2006 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks, and amending Council Regulation (EC) No 2347/2002

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy[5], and in particular Article 20 thereof,

Having regard to the proposal of the Commission,

Whereas:

(1) Under Article 4 of Regulation (EC) No 2371/2002 the Council is to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking into account available scientific advice.

(2) Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish fishing opportunities by fishery or group of fisheries and to allocate them in accordance with prescribed criteria.

(3) The latest scientific advice from the International Council for the Exploration of the Sea (ICES) concerning certain stocks of fish found in the deep sea indicates that those stocks are harvested unsustainably, and that fishing opportunities for those stocks should be reduced in order to assure their sustainability.

(4) The ICES has further advised that the exploitation rate of orange roughy in ICES Area VII is much too high. Scientific advice further indicates that orange roughy in Area VI is heavily depleted, and areas of vulnerable aggregations of these species have been identified. It is therefore appropriate to prohibit fishing for orange roughy in those areas.

(5) The Community is a contracting party to the North-East Atlantic Fisheries Convention, which has recommended a limitation on the fishing effort deployed to catch certain deep-sea species. That recommendation should therefore be implemented by the Community.

(6) In order to ensure effective management of quotas, the specific conditions under which fishing operations occur should be established.

(7) The species covered by the specific access conditions concerning fishing for deep-sea fishing should be the same as are covered by catch restrictions for deep-sea species. Greenland halibut should therefore be included among the species that can only be fished by vessels holding a special fishing permit.

(8) In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year to year management of TACs and quotas ([6]), it is necessary to indicate which stocks are subject to the various measures fixed therein.

(9) Scientific advice from ICES concerning most of the deep-sea species indicates that fishing effort should be reduced. In the absence of specific measures limiting the activity of vessels fishing for deep-sea species, it is therefore appropriate to adjust available effort by adjusting the power and capacity of the fishing fleet in accordance with the scientific advice.

(10) The measures provided for in this Regulation should be fixed by reference to ICES zones (International Council for the Exploration of the Sea) 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 ([7]) and to CECAF zones (Committee for Eastern Central Atlantic Fisheries) as defined in Council Regulation (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic ([8]).

(11) The fishing opportunities should be utilised in accordance with the Community legislation on the matter, and in particular with Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels ([9]), Council Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish ([10]), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy([11]), Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound ([12]), Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits ([13]) and Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms ([14]),

HAS ADOPTED THIS REGULATION:

Article 1 Subject-matter

This Regulation fixes for 2005 and for 2006, for stocks of deep-sea species and for Community fishing vessels annual fishing opportunities in zones in Community waters and in certain non-Community waters where catch limitations are required, and the specific conditions under which fishing opportunities may be utilised.

Article 2Definitions

1. For the purposes of this Regulation, “deep-sea fishing permit” means the fishing permit referred to in Article 3 of Regulation (EC) 2347/2002.

2. The definitions of ICES (International Council for the Exploration of the Sea) and CECAF (Committee for Eastern Central Atlantic Fisheries) zones are those given, respectively, in Regulation (EEC) No 3880/91 and Regulation (EC) No 2597/95.

Article 3Fixing of fishing opportunities

Fishing opportunities for stocks of deep-sea species for Community vessels are fixed as set out in Annex I.

Article 4Allocation among Member States

The allocation of fishing opportunities among Member States provided for in Annex I shall be without prejudice to:

(a) exchanges made pursuant to Article 20(5) of Regulation (EEC) No 2371/2002;

(b) reallocations made pursuant to Articles 21(4) and 32(2) of Regulation (EEC) No 2847/93 and Article 23(4) of Regulation (EC) No 2371/2002;

(c) additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96 ([15]);

(d) quantities withheld pursuant to Article 4 of Regulation (EC) No 847/96;

(e) deductions made pursuant to Article 5 of Regulation (EC) No 847/96 and Article 23(4) of Regulation (EC) No 2371/2002.

Article 5

Quota flexibility

For the purposes of Regulation (EC) No 847/96, all quotas in Annex I to the present Regulation shall be considered 'Analytic' quotas.

However, the penalty coefficients provided for in Article 5(2) of Regulation (EC) No 847/96 shall not apply to those quotas.

Article 6

Conditions for landing catch and by-catch

Fish from stocks for which fishing opportunities are fixed by this Regulation may be retained on board or landed only if they were taken by vessels of a Member State which has a quota which is not exhausted. All landings shall count against the quota.

The first paragraph shall not apply to catches taken in the course of scientific investigations carried out under Regulation (EC) No 850/98, which shall not count against the quota.

Article 7

Effort limitation

Member States shall ensure for vessels flying their flag that in both 2005 and 2006 the deep sea fishing effort as calculated by the method described in Annex IV to Regulation (EC) No 2347/2002 does not exceed 70% of the average of the fishing effort in the years 2003 and 2004 as calculated according to that method.

Article 8

Orange Roughy

1. The Orange Roughy Protection Areas are defined as the following sea areas:

(a) that sea area enclosed by rhumb lines sequentially joining the following positions:

57° 00' N, 11° 00' W

57° 00' N, 8° 30' W

55° 00' N, 8° 30' W

55° 00' N, 11° 00' W

57° 00' N, 11° 00' W

(b) that sea area lying within 40 nautical miles from any point on a rhumb line between positions 54° 10' N, 11° 30' W and 54° 30' N, 11° 30' W;

(c) that sea area lying within 40 nautical miles from position 54° 00' N, 13° 00' W;

(d) that sea area lying within 40 nautical miles from position 53°00'N, 15°00'W.

(e) that sea area lying within 40 nautical miles from any point on a rhumb line between positions 52° 00' N, 15° 00' W and 52° 30' N, 15° 00' W;

(f) that sea area lying within 40 nautical miles from any point on a rhumb line between position 51° 00' N, 15° 00' W and 51° 43' N, 15° 00' W.

Those positions and the corresponding rhumb lines and vessel positions shall be measured according to the WGS84 standard.

2. Vessels holding a deep-sea fishing permit that have entered an Orange Roughy Protection Area shall not retain on board or tranship any quantity of orange roughy nor shall they land any quantity of orange roughy at the end of any fishing trip during which the vessel has entered the sea area defined in paragraph 1.

Article 9

Amendment to Regulation (EC) No 2347/2002

Regulation (EC) No 2347/2002 shall be amended as follows:

1. Article 3 (1) is replaced with the following:

" 1. Member States shall ensure that fishing activities which lead to catches and retention on board of more than 10 tonnes each calendar year of deep-sea species and of Greenland halibut by vessels flying their flag and registered in their territory shall be subject to a deep-sea fishing permit.

It shall however be prohibited to catch and retain on board, tranship or to land any aggregate quantity of the deep sea species and of Greenland halibut in excess of 100Kg in each sea trip, unless the vessel in question holds a deep-sea permit. "

2. Article 4 is replaced with the following:

“Article 4

Member States shall calculate the fishing effort for deep sea species by the method described in Annex IV for the years 2003 and 2004.”

3. Annex II to this Regulation shall be added as Annex IV.

Article 10 Entry into force

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

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

Part 1

Definition of Species and Species Groups

Within each area fish stocks are referred to following the alphabetical order of the Latin names of the species. A table of correspondences of common names and Latin names is given below for the purposes of this Regulation:

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Where reference is made to "deep sea sharks", this shall refer to sharks in the following list of species: Portuguese dogfish ( Centroscymnus coelolepis ), Leafscale gulper shark ( Centrophorus squamosus ), Birdbeak dogfish ( Deania calceus ), Kitefin shark ( Dalatias licha ), Greater lanternshark ( Etmopterus princeps ), Velvet belly ( Etmopterus spinax ), Black dogfish ( Centroscyllium fabricii ), Gulper shark ( Centrophorus granulosus ), Blackmouth dogfish ( Galeus melastomus ), Mouse catshark ( Galeus murinus ), Iceland catshark( Apristuris spp. )

Part 2

Annual fishing opportunities applicable for Community vessels in areas where catch limitations exist by species and by area (in tonnes live weight).

All references are to ICES sub-areas unless otherwise stated.

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ANNEX II

Calculation of fishing effort

1. Member States shall determine, for each vessel flying its flag and having held a deep-sea licence in the year in question, the total installed engine power in kilowatts measured in accordance with Council Regulation (EC) No 2930/86 of of 22 September 1986 defining characteristics for fishing vessels[16]. Member States shall also determine the number of days within each year that each vessel held a deep-sea fishing licence as described in Council Regulation 2347/2002.

2. The deep sea fishing effort for each vessel shall be calculated as the number of days a deep-sea fishing licence was held multiplied by the total installed engine power in kilowatts.

3. The deep sea fishing effort for each Member State shall be calculated as the sum of the deep sea fishing effort for all the vessels flying the flag of that Member State.

[1] OJ L 356, 31.12.2002, p. 1.

[2] OJ L 351, 28.12.2002, p. 6.

[3] OJ L 358, 31.12.2002, p. 59.

[4] OJ L 237 of 8.7.2004, p. 3.

[5] OJ L 358, 31.12.2002, p. 59.

[6] OJ L 115, 9.5.1996, p. 3.

[7] OJ L 365, 31.12.1991, p. 1.

[8] OJ L 270, 13.11.1995, p. 1.

[9] OJ L 132, 21.5.1987, p. 9.

[10] OJ L 276, 10.10.1983 p. 1. Regulation as last amended by Commission Regulation (EC) No 1965/2001 (OJ L 268, 09.10.2001, p. 23).

[11] OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 806/2003(OJ L 122, 16.5.2003, p. 1-35).

[12] OJ L 9, 15.1.1998, p. 1. Regulation as last amended by Regulation (EC) .

[13] OJ L 171, 6.7.1994, p. 7.

[14] OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) .

[15] OJ L 115, 9.5.1996, p. 3.

[16] OJ L 274, 25.9.1986, p. 1. Regulation as amended by Regulation (EC) No 3259/94(OJ L 339, 29.12.1994, p. 11).