Proposal for a COUNCIL REGULATION (EC) establishing the rules for access to certain Community fishing areas and resources
Date: 1994-07-13
Institutions: European Commission
Subjects: Community fisheries, conservation of fish stocks, fisheries policy, fishery management, fishery resources, fishing area

COMMISSION OF THE EUROPEAN COMMUNITIES 

COM(94) 308  final 

Brussels,  13.07.1994 

94/0172  (CNS) 

Proposal  for a 
COUNCIL REGULATION  <EC\ 
establishing the rules for access to certain 
Community fishing  areas and resources 

(presented by the Commission) 

jGyjj 

9 B1 

i 

EXPLANATORY  MEMORANDUM 

I. 

THE FRAMEWORK  FOR THE PROPOSED  ADJUSTMENTS 

In accordance with the Act of Accession of Spain and Portugal  (AA  1986), and in particular 
Articles  162  and  350,  the  Council  has  adopted  a  Regulation  on  adjustments  to  the 
arrangements in the fisheries chapters of the AA(l), in the light of the Report drawn up by the 
Commission(2), on a proposal  from the Commission(3) and after obtaining the opinion of the 
European Parliament^. 

The Council  has decided that the arrangements regarding access to waters and resources laid 
down  in  Articles  156  to  166  and  347  to  353  of  AA  1986  are  to  be  adjusted  in  order  to 
incorporate them into the general  scheme of the common fisheries  policy (CFP). 

The incorporation must: 

comply fully  with the acquis communautaire, particularly with regard to the principle 
of  relative  stability  and the  exceptions to the principle  of  free  access to waters and 
resources as laid down by Regulation (EEC) No  3760/92(5); 

avoid the risk of disturbing the current balances within the areas and stocks concerned; 

not give rise to any increase in the overall  levels of fishing  effort  or adversely  affect 
stocks which are subject to catch restrictions; 

preserve the balance of resources in certain highly  sensitive areas; 

take account of the geographical,  geomorphological  and biological  features of these 
maritime regions. 

(1) 

(2) 

(3) 

(4) 
(5) 

Council  Regulation  (EC)  No  1275/94  of  30 May  1994  on  adjustments  to  the 
arrangements in the fisheries  chapters of the Act of Accession  of Spain and Portugal 
(OJNoL  140, 3.6.1994,  p. 1). 
Report (1992) by the Commission  to the Council  and Parliament  on the application 
of  the  Act  of  Accession  of  Spain  and  Portugal  in  the  fisheries  sector  (Document 
SEC(92) 2340 final of  23 December  1992). 
Proposal  for  a  Council  Regulation  on  adjustments  to  the  fisheries  arrangements 
provided for in the Act of Accession of Spain and Portugal (Document COM(93) 493 
final of  13 October  1993). 
Opinion  of... 
Council  Regulation  (EEC)  No 3760/92  of  20 December  1992  establishing  a 
Community  system for fisheries  and aquaculture (OJ No L 389,  31.12.1992,  p.l). 

II. 

OUTSIDE CONSTRAINTS 

Over and  above the framework  adopted by the Council  for  the full  integration  of the AA 
arrangements, the legal and political  context of the CFP imposes an obligation to: 

determine  fisheries  which  are  compatible  with  the  existing  restrictions  on  access, 
specifically  those relating to catches; 

ensure  that  management  models  are  effective  by  guaranteeing  that  they  can  be 
monitored; 

see to it that management measures are consistent  and compatible with the existing 
provisions  both  as  regards  the  management  of  fishing  effort  (fleet  restructuring 
programmes)  and  the  monitoring  of  activities  (control  measures,  special fishing 
licences and permits); 

comply with the measures for the restructuring of fishing  fleets  as laid down in the 
multiannual  guidance  programmes  for  the  period  1992  to  1996  (MGP III)  being 
implemented by the Member States; 

ffl. 

THE REGULATION OF ACCESS TO FISHERIES 

The proposal introduces new arrangements which are the first application in full  of the new 
instruments for the management of Community fisheries  adopted by the Council in  1992 in 
order to establish a form of management of the fisheries sector which is better balanced and 
integrated and more rational in the light of the natural limits imposed by the availability of 
marine resources. 

A. 

The determination of fisheries 

Although innovative, the proposal complies fully with the 'acquis communautaire'. In addition, 
it  reflects  the  well-known  and  relevant  parameters  of  the  Community  fishing  activities 
regulated in whole or in part by the arrangements in the fisheries chapters of the  1986 Act 
of Accession. 

Given the various constraints described above, therefore, the proposal: 

applies to all the vessels concerned without distinction on grounds of flying the  flag 
of any Member State; 

is concerned only with the areas and resources covered in part or in full  by the 1986 
Act of Accession which are subject already to restrictions on access; 

identifies  the fisheries in which  rates  of exploitation  are to be limited  in  a manner 
which ensures that there will be no increase in fishing effort  and that effort  reflects 
the state of resources; 

determines, on a case-by-case basis, the appropriate control  instruments which have 
been adopted in respect of monitoring and control(6) and of  special fishing permits(7) 
or which are to be adopted by the Council  on the basis of the Commission proposal 
amending the  'control' Regulation,  the  main  purpose of  which  is to control  fishing 
effort; 

spells out the Member States' obligations regarding the management of fishing  effort 
in  strict  compliance  with  the  existing  provisions  of  the  CFP,  notably  as  regards 
structural planning, by requesting the Member States to convert their levels of fishing 
effort  as authorized by the Council to match the characteristics of their own fleets. 

B. 

The determination of fishing effort  levels 

As regards the fixing  of fishing effort  levels, in order to ensure that those laid down in the 
1986 Act of Accession are not increased and to guarantee equal treatment, the Commission 
proposes that the fishing effort levels for all Member States concerned by the fisheries which 
are to be regulated be expressed as "standard-vessel  days", to be called "SVDs". 

In the case of Member States for which access was regulated by the  1986 Act of Accession 
in terms of fishing effort,  the  relevant  provisions  of  that  instrument  have been  converted 
into "SVDs". 

In the case of the other Member States, in order to give each of them an opportunity of taking 
its share of the available resources while bearing in mind that the levels of some quotas are 
not necessarily, in all instancess, a sound indicator of the optimum level of fishing effort, the 
fishing  effort  levels have been calculated on the basis of the fishing  availabilities allocated 
to each Member State by applying a fixed and standard ratio representing the average daily 
yield of a standard vessel to the species subject to TACs (total allowable catches). 

The levels  of  fishing  effort  thus determined  reflect  the  current  situation  but  should  new 
biological, socio-economic or technical data come to light the Council, acting on a proposal 
from  the Commission, may adjust  the levels as necessary. 

Similarly, following  accession of the candidate countries and as appropriate, fishing  effort 
levels will be fixed by the Council for  each of the new Member States concerned. 

(6) 

(7) 

Council Regulation (EEC) No 2847/93 establishing a control system applicable to the 
common fisheries policy (OJ No L 261, 20.10.1993, p.l). 
Council Regulation  (EC) No .... laying down general  provisions concerning special 
fishing permits (adopted by the Council meeting on fisheries of  10 June 1994, about 
to be published). 

Proposal  for a 
COUNCIL REGULATION  (EQ 
establishing the rules for access to certain 
Community fishing  areas and resources 

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, 

Having regard to the opinion of the European Parliament, 

Having regard to the opinion of the Economic  and Social  Committee, 

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

Whereas  Council  Regulation  (EEC)  No  1275/94  of  30 May  1994  on  adjustments  to  the 
arrangements  in  the  fisheries  chapters  of  the  Act  of  Accession  of  Spain  and  Portugal(2) 
provides,  with regard to the adjustment  and incorporation  into Community  measures of the 
arrangements regarding access to waters and resources laid down in the Act of Accession of 
Spain and Portugal, that the Council  is to adopt, before  1 January  1995, the measures to be 
taken in accordance with Article  3  thereof; 

Whereas  it  is  necessary  to  safeguard  present  balances  and  to  observe  fully  the 
acquis communautaire, particularly the principle of  relative stability; 

Whereas  it  is  necessary  to  ensure that there  is  no  increase  in the  overall  levels  of  existing 
fishing effort  within  the  areas  and  stocks  covered  by  the  Act  of  Accession  of  Spain  and 
Portugal, and to provide for a reduction of this fishing  effort  if changes in resources make it 
necessary to introduce a general  reduction of fishing opportunities; 

Whereas, in addition to laying down the overall fishing effort,  it is necessary to take account 
of the complexity of fishing activities and the biological, geographical  and geomorphological 
characteristics  of  the  resources;  whereas  particular  note  should  be  taken  of  the  need  to 
preserve the balance of those resources in highly  sensitive areas; 

(1) 
(2) 

OJNoL389,  31.12.1992,  p. 1. 
OJNoL  140,  3.6.1994,  p. 1. 

Whereas it is the responsibility  of  flag  Member  States to implement  restrictions  on  fishing 
effort;  whereas,  as  a  result,  it  is  necessary  to  ensure  the  transparency  of  the  methods  of 
allocation; 

Whereas the effectiveness  of measures to manage fishing  effort  in each fishery  depends on 
the measures to monitor and control fishing activities as defined in the relevant provisions of 
the  common  fisheries  policy,  in  particular  those  laid  down  in  Council  Regulation  (EEC) 
No 2847/93(3),  as amended by  [...](4); 

Whereas,  to  ensure  sustainable  management  of  fishing  effort  in  certain  fisheries,  it  is 
necessary for the Member States to ensure a consistent and transparent management of fishing 
capacities and corresponding levels of activity, 

HAS ADOPTED THIS REGULATION: 

Article  l 

1.  Without prejudice to the provisions  of  the common  fisheries  policy  laying down in 
particular the authorized size of catches, this Regulation establishes the conditions of 
access  to  areas  and  resources  applicable  from  1 January  1996  to  fishing  activities 
exercised in the fisheries  defined  in Annex I and located in ICES divisions Vb, VI, 
VII, VIII, IX and X and CECAF areas. 

2. 

In the light  of  the biological,  socio-economic  and  technical  analyses  available,  the 
Council  shall, where necessary, make technical  adjustments to the information given 
in Annex I, in accordance with the procedure laid down in Article 8(4) of Regulation 
(EEC) No 3760/92. 

Article? 

1. 

For the purposes of this Regulation, the fishing  effort  of a vessel  shall  be expressed 
as a number of "standard-vessel  days" hereinafter referred to as "SVDs", and shall be 
defined  as the product of the following: 

the  fishing  power,  expressed  on  the  basis  of  a  standard  vessel  as  defined  in 
Annex II; 
and 
the time spent by the vessel  in the area covered by the fishery,  or, in the case of 
passive gear, the time spent by the gear in the area, calculated from the day of 
entry into the area in question up to the day that area is  left. 

The fishing  effort  of  a group of vessels for  a given fishery  shall  be the  sum of the 
"SVDs" of each vessel. 

(3) 

(4) 

OJNoL261,  20.10.1993, p. 1 
OJ No L 

2. 

Any  adjustments  to be  made to  the  criteria  defining  fishing  power  as laid  down in 
paragraph  1, in particular to take account of technical developments, shall be adopted 
in  accordance  with  the  procedure  laid  down  in  Article  18  of  Regulation  (EEC) 
No 3760/92,  provided  these  adjustments  do  not  entail  an  increase  in  mortality  by 
fishing in any of the fisheries in question. 

Article 3 

Save as otherwise  provided for in Annex  I, the monthly fishing effort  for any  fishery  shall 
not exceed one-eighth of the total annual fishing effort for each fishery as set out in Annex I. 

Article 4 

1. 

2. 

3. 

4. 

1. 

2. 

Each Member State shall  convert the authorized fishing  effort,  expressed in "SVDs", 
into  a number of  days in the  area within  the  meaning  of  Article  19b of Regulation 
(EEC) No 2847/93  in order to distribute it among the vessels flying  its flag,  each of 
which  must  hold  a  special  fishing  permit,  or,  where  necessary,  among  groups  of 
vessels flying  its flag,  to which  special  fishing  permits are not applicable. 

Member States may, after notification to the Commission, exchange all or part of their 
fishing  effort  as laid down in Annex I. 

Each year, and for the first time before  1 January  1996, Member  States shall  inform 
the  Commission  of  the  measures  they  have  adopted  to  implement  restrictions  of 
fishing  effort. 

The  measures  referred  to  in  paragraph 3  shall  comply  with  the  provisions  of  the 
common fisheries policy, including those relating to monitoring "SVDs", in particular 
for vessels of less than  10 metres. 

Article 5 

From  1 January  1996,  for  each homogeneous  group of vessels  corresponding  to the 
fisheries  defined  in Annex  I, and in compliance with the levels  of fishing  effort  laid 
down in that Annex and in accordance with the relevant provisions taken pursuant to 
Article  11  of  Regulation  (EEC)  No  3760/92,  Member  States  shall  establish  a 
programme  of  fishing-effort  limitation  comprising  national  regulatory  measures 
covering the fishing activities of the vessels concerned. 

No  less  than  two  months  before  the  beginning  of  the  period  covered  by  the 
programme of fishing-effort limitation, Member States shall submit the programme to 
the  Commission  in  accordance  with  the  procedure  laid  down  in  Article 4  of 
Commission  Regulation  (EC) No  109/94(5). 

(5) 

OJNoL  19, 22.1.1994,  p. 5. 

This Regulation  shall  enter into force on  1 January  1995 

Article 6 

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 

CONDITIONS FOR ACCESS TO WATERS AND RESOURCES IN ICES AND CECAF AREAS 

Levels of fishing effort for each Member State In "SVD" 

i 

FISHERY 

SPECIFIC CONTROL 

LEVEL OF PISHINO EFFORT AUTHORIZED PER ANNUM 

FISHING OEAR 

TARGET SPECIES 

AREA 

MEASURES 

BE 

DA 

OE 

ES 

FR 

IR 

NL 

PO 

UK 

Towed gear 

Fixed gear 

Demersal species 

Vb, VI, VII, Vltlabd 

(Gadldae, 

flatfish, 

of which: 

Vb.VI 
vil 

SFP 

*Fr*(1) 
SFP 

crustaceans, etc.) 

of which: 

Vila 

SFP, CM 

Vllla.b.d 

Vlllce, IX, X, CECAF 34.1.1 

SFP 

SFP 

13666 

1001 

11686 

1130 

263 

0 

0 

0 

0 

0 

0 

0 

42S0 

4169 

241 

0 

0 

0 

81043 

•427 

25600 

0 

263101 

6171* 

124861 

661 

26672 

104302 

230666 

6106 

66576 

22763 

54628 

11521 

0 

0 

3696 

653 

1275 

293 

1387 

0 

0 

0 

0 

0 

0 

281304 

171181 

122833 

47278 

6278 

0 

0 

FISHING GEAR 

TARGET SPECIES 

AREA 

MEASURES 

BE 

OA 

DE 

ES 

FR 

I* 

NL 

PO 

UK 

FISHERY 

SPECIFIC CONTROL 

LEVEL OP FISHING EFFORT AUTHORIZED PER ANNUM 

Pelagic trawl 

Purse seine 

>o 

Clupeldae, 

small pelagic 

gadldae, 

horse mackerel, 

mackerel, 

sandeel 

Vb, VI, VII. Vlllabd 

SFP,  der 

23 

8808 

13076 

33215 

2993 

43406 

62710 

2280 

23904 

Vlllce, IX, X, CECAF 34.1.1 

SFP, der 

•-, -  i, 

0 

0 

90018 

6560 

0 

0 

36608 

0 

FISHERY 

SPECIFIC CONTROL 

LEVEL OFWISHING EFFORT AUTHORIZED PER ANNUM 

FISHING GEAR 

TARGET SPECIES 

AREA 

MEASURES 

..M..... 

DA 

DE 

Surface  longllne 

Ray's bream, 

Vb,  VI. VII 

SFP,  der 

sharks, 

large pelagic 

Tuna fishing 

Tuna 

Vlllce, IX, X, CECAF 34.1.1 

oceanic species 

Vlllce. IX, X, CECAF 34.1.1 

SFP, der 

SFP, der 

gear 

ES 

1551 

30956 

66536 

F* 

•A 

NL 

PO 

UK 

1180 

8226 

' i i'  mil 

94500 

7097 

1175 

SFP: Special fishing permits Issued by each Member sute  In accordance with Article 7 of Regulation (EEC) No 

on "special fishing permits", which must Indicate the nurhber of days In the tone 

Notwithstanding Article 6 of Regulation (EEC) No 

(en special flshing permits), vessels not subject to special flshing permits may be authorized to fish In accordance with Regulation (EEC) No 2847/93 

CM:  Communication of vessel movements In accordance with Article 3a of Regulation (EEC) No 2847/93 

der:  Notwithstanding Article 4, the monthly limitation Is not applicable 

(1):  Notwithstanding Article 1 of Regulation (EEC) No 

(on special flshing permits), special flshing permits are net applicable to vessels of lesi than 15 m length between perpendleulart. 

ANNEX II 

DEFINITION OF STANPARP VESSEL 

For the purposes of this Regulation,  "standard vessel"  shall  mean a vessel  with  a power of 
511 kW, calculated in accordance with Article  5 of Regulation (EEC) No 2930/86(1). 

The conversion rate applicable to vessels with a different  power shall be: 

Conversion rate = fagfolled gngjne power (kW) 

511 kW 

(,) 

OJ No L 274, 25.9.1986,  p.  1. 

10 

ISSN 0254-1475 

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