Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) n° 2939/86 defining the characteristics of fishing vessels
Date: 1994-05-20
Institutions: European Commission
Subjects: census, data collection, financing policy, fishing vessel, technical standard

IS 
4*' 

COMMISSION OF THE EUROPEAN  COMVRJNITIES 

C0M(94) 182 final 
BrussoIs, 20.05.1994 

94/0129 (CNS) 

Proposal 

for  a 

COUNCIL  REGULATION  (EC) 

amending  Regulation  (EEC)  nf  2930/86  defining 
the  c h a r a c t e r i s t i cs  of  fishing  vessels 

(presented  by  the  Commission) 

21 

Explanatory  memorandum 

1. Reasons for the Amendment 

The tonnage assignment of a vessel is an important characteristic in that it is used to 
apply the provisions of treaties, laws and regulations, and as a base for assessing 
charges, fees and rules. It is a measure of the volume of the vessel expressed in tons, 
where one ton is 100 cubic feet (2.83 cubic metres). 

The tonnages of Member State fishing vessels are currently measured by a number of 
different  methods depending on vessel size and the country where the vessel is 
currently registered. All are defined  on the basis of enclosed volumes, but  differ 
according to the particular parts of the vessel included or excluded from the calculation 
of tonnage. 

This causes great difficulties  for the implementation of Community Regulations which 
refer to tonnage. This point was made strongly in the Report of the Court of Auditors ' 
on the implementation of measures to restructure, modernise and adapt the Community 
fishing  fleet. The report cites the case in which two almost identical vessels from the 
same shipyard but registered in different  Member States had measured tonnages which 
differed  by 60%. 

There is therefore a need for a standardised system of tonnage measurement. 

The International Tonnage Convention of 1969 addressed this problem and defined  the 
gross tonnage of a ship as a function  of the total volume of all enclosed spaces. Annex 
1 of this Convention describes in detail the way in which these volumes should be 
measured. According to the Convention the gross tonnage of all non exempted vessels 
of 24 metres or more in length that undertake international voyages must be measured 
in this way. Vessels of less then 24 metres are inter alia exempted from the 
Convention. 

Council Regulation (EEC) No. 2930/86 2 of 22 September  1986 defining the 
characteristics of fishing vessels was introduced in an attempt to harmonise tonnage 
measurement throughout the Community for all sizes of vessels. Article 4 of this 
regulation required that vessels must be measured in gross tonnage for the purposes of 
Community legislation by 18 July 1994. 

l 
2O J N o.  L274. 25.9.1986, p. 1 

However it became clear that this deadline would not be met. Indeed, some Member 
States have hardly begun the task of remeasuring existing fishing vessels. This is partly 
because of the large number of vessels concerned. However the main reason is that the 
methodology described in annex  1  of the aforementioned  Convention was found  to be 
inappropriate for many of the smaller vessels. 

2. Approach to the problem 

In view of the urgent need for uniform  tonnage measurements, the Commission has 
examined possible ways to help Member States meet the requirements of Regulation 
(EEC) No. 2930/86, including amendments where necessary. 

Proposals were made to the Member States and a Working Group of national tonnage 
experts was convened to advise the Commission on the technical and practical 
difficulties  involved. The Working Group was asked to suggest formulae which could 
be used to obtain interim estimates of the gross tonnage of existing vessels until they 
could be remeasured according to the procedure described in annex  1  to the 1969 
Convention, taking into account the constraints of time and cost. 

3. Proposed  amendments 

Having regard to the report of the Technical Working Group and the requirements of 
the Commission in relation to the implementation of Community legislation, the 
following proposals are made : 

a) Size classes 

It is convenient to divide vessels into small, medium and large size classes. 

Large vessels are those with an overall length of 24 metres or greater. This is a logical 
choice given existing commitments under the aforementioned  1969 Convention. 

The Technical Working Group suggested that  15 metres would be a suitable length to 
divide small and medium sized vessels. However, given that a  10 metre length 
threshold is widely used in existing Community legislation (requirement for logbooks, 
control procedures etc.) it is proposed that this should be the length used to divide 
small and medium vessels in the amendment to the regulation. 

Small vessels are therefore considered to be those of less than  10 metres overall length 
and medium sized vessels are considered to be those with an overall length equal to or 
greater than  10 metres and less than 24 metres. 

b) Definition and measurement of gross tonnage for large, medium and small 
vessels 

It is proposed that 

•  The gross tonnage of all new and existing large fishing vessels (over 24 metres) is 

defined  and measured according to annex  1  to the  1969 Convention. 

•  The gross tonnage of new medium sized fishing vessels ( 10 - 24 metres) must be 

measured according to annex 1 to the  1969 Convention. For existing medium sized 
vessels, the proposed amendment to Council Regulation (EEC) No. 2930/86 
extends the deadline for measurement according to the 1969 Convention to the 
year  1996 (see point "d" below), but in the meantime the gross tonnage of these 
vessels must be estimated by a simple formula. Immediate measurement  according 
to the  1969 Convention would be required whenever public money is to be paid on 
the basis of the tonnage of individual vessels, when structural work is done which 
alters the tonnage of a vessel or at the request of the owner. 

•  The gross tonnage of small fishing vessels (<10 metres) is both defined and 

measured by a formula which uses simple and readily available vessel dimensions. 

c) Choice of formula 

To define the gross tonnage of small vessels and to estimate the gross tonnage of 
existing large vessels, a simple formula is proposed which includes only the overall 
length, breadth and depth of the vessel. 

These parameters are readily available and will therefore greatly reduce the workload 
involved in determining the gross tonnage of small vessels as defined for the purposes 
of this amendment. The number of small vessels concerned is approximately 62,000. 

d) Remeasurement 

It is proposed that the deadline for the remeasurement of existing medium sized vessels 
is extended to the year 1996. 

This is considered to be the earliest practicable date. The Working Group considered 
that it would require about  10 hours per vessel by a specialist surveyor to measure 
gross tonnage according to annex  1  to the  1969 Convention if drawings were 
available. If drawings were unavailable, the ship would need to be physically 
remeasured, which would require about  1  - 2 weeks per vessel. Moreover, the 
measurement of wooden vessels would require the use of a special frame to measure 
the internal dimensions. 

Proposal  for a 

COUNCIL  REGULAfION (EC) 

a m e n d i ng  R e g u l a t i on  (EEC) n*  2 9 3 0 / 86  d e f i n i ng 
f i s h i n g  v e s s e 1 s 

: h e  c h a racLerist. i c s  o f 

THE  COUNCIL OF THE EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and 
in particular Article  43 thereof, 

Having regard to the proposal from the Commission(l); 

Having regard to the opinion of the European Parliament(2); 

Having regard to the opinion of the Economic and Social Committee(3); 

Whereas  reference  is made to the characteristics  of  fishing vessels  in 
the  Common  Fisheries  Policy,  requiring  uniform  definitions  of  vessel 
characteristics  and whereas  Council Regulation  (EEC) N°  2930/86  of 22 
September  1986  defining  the  characteristics  of  fishing  vessels(4) was 
adopted  for this purpose; 

Whereas Community  action  in this  field  should  where  possible  be based 
on initiatives already taken by specialist international organizations; 

Whereas  the  need  for  a  standardized  international  system  of  tonnage 
measurement  of  ships  was  recognized  because  of  widely  differing 
tonnages  for  individual  ships  of  the  same  length; whereas, in view  of 
this  the  International  Convention  on  Tonnage  Measurement  of  Ships  was 
signed  in  London  on  23  June  1969  (ICTM  1969)  under  the  aegis  of  the 
International Maritime Organization  (IMO); 

Whereas  this  Convention  defined  gross  tonnage  as  a  function  of  the 
total  volume  of  all  enclosed  spaces  of  a  ship  and  whereas  the 
methodology  for the measurement  of gross tonnage  is  laid down  in Annex 
1 of the aforementioned Convention; 

Whereas  the aforementioned  Convention  applies  from  18 July  1994 to all 
non exempted  ships, including  fishing vessels, of 24 metres or more  in 
length  engaging  in  international  voyages; whereas, ships  of  less  than 
2 4 metres  in length are inter alia exempted  from the Convention; 

Whereas Council Regulation  (EEC) No. 2930/86 extended the provisions of 
Annex  1 of  the  aforementioned  Convention  to  Community  fishing  vessels 
from  18 July 1994; 

(1) 
(2) 
(3) 
(4) OJ N° L 274, 25.9.1986, p. 1 

6 

whereas  Member  States  have  experienced  certain  difficulties  in  fully 
implementing the tonnage provisions of this Regulation, particularly  in 
relation to smaller  fishing vessels; whereas, for these smaller vessels 
the  methodology  laid  down  in  Annex  1  of  the  aforementioned  1969 
Convention is in certain cases inappropriate; 

whereas  for vessels  less  than  10 metres  in  length  therefore  a  simpler 
definition of gross tonnage is appropriate; 

Whereas vessels equal to or greater  than  10 metres  in length  should be 
measured  in accordance with the aforementioned  1969 Convention  in view 
of the greater importance of superstructure volume of these vessels; 

Whereas a postponement  to the deadline of  18 July  1994 for  remeasuring 
existing  vessels  equal  to  or  greater  than  10 metres  and  less  than  24 
metres in length is necessary because of the technical demands  involved 
in measuring vessels in accordance with the methodology of ICTM 1969; 

HAS ADOPTED  THIS  REGULATION 

Article 1 

Article 4 (1) of Regulation  (EEC) N*  2930/86  is hereby replaced by the 
following : 

"1•  (a) 

The  tonnage  of  a  fishing  vessel  shall  be  gross  tonnage  as 
specified  in  Annex  1  to  the  International  Convention  on 
Tonnage  Measurement  of  Ships  signed  in  London  on  23  June 
1969 hereafter referred to as the  1969 Convention; 

(b) 

(c) 

(d) 

(e) 

The  gross  tonnage  of  all  new  fishing  vessels  with  an 
overall  length  equal  to  or  greater  than  10 metres  and  the 
keel  of  which  is  laid  on  or  after  18  July  1994  shall  be 
measured  in accordance with Annex  1 to the  1969 Convention. 

The  gross  tonnage  of  new  and existing  fishing  vessels  with 
an overall  length of less than  10 metres  shall be measured 
in accordance with the formula presented  in Annex  1 to this 
Regulation. 

The  gross  tonnage  of  all  existing  vessels  equal  to  or 
greater  than  24  m  in  overall  length  shall  be  measured  in 
accordance with Annex  1 to the  1969 Convention. 

Subject to the second and third paragraphs below, the gross 
tonnage of existing vessels with an overall length equal to 
or greater  than  10 metres  and  less than  24 metres  may  be 
estimated  in  accordance  with  the  methodology  presented  in 
Annex  1  to  this  Regulation  in  circumstances  where  the 
Commission  considers  these  values  to  be  sufficiently 
accurate. 

* 

Member  States  shall  however  measure  tonnage  of  vessels  in 
this  category  in  accordance  with  Annex  1  to  the  1969 
Convention  in the following circumstances : 

- on the request of the vessel owner 

- on application by a vessel owner to participate  in any 

scheme where public financial aid is payable 

- where vessel owners undertake alterations or modifica 

tions which the competent authority of the Member State 
deems to be a substantial variation to the existing gross 
tonnage 

Member  States  shall  ensure  that  all  remaining  vessels  in 
this  category  shall  be  remeasured  before  18  July  2006  in 
accordance with Annex  1 to the  1969 Convention." 

Article 2 

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

It shall apply  from the  1 January  1995 except  for Article  1, point 
(d) which shall apply from the  18 of July 1994. 

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

Done at Brussels, 

For the Council, 

The President 

t 

ANNEX 1 

The Gross Tonnage of fishing vessels will for vessels of overall length less than 10 
metres be measured, and for existing vessels of overall length equal to or greater than 
10 metres and less than 24 metres be estimated, according to the formula 

GT = K,. V 

(as defined by ICTM 1969) 

where 

K,  0.2  t  0.02  log,0V 

and Fis the total enclosed volume, estimated as 

y-°a(L„.B,.T,) 

where 

Loa = Length overall (article 2 of R(EEC) No. 2930/86) 
Bt = Breadth according to the Oslo Convention 
J] = Tonnage depth according to the Oslo Convention 

a = a function of Loa  , Bt,  7] and vessel age, to be agreed by the 
Commission on the basis of statistical analyses of representative 
samples of the fleet undertaken by the Member States. 

*> 

ISSN 0254-1475 

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