Proposal for a COUNCIL REGULATION (EC) on the submission by Member States of statistics on aquaculture production
Date: 1995-09-20
Institutions: European Commission
Subjects: EU Member State, aquaculture, disclosure of information, information processing, statistics

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20 09.1995 
COM(95) 394  final 

95/0231 (CNS) 

Proposal  for a 

ÇQUNÇ11 REFLATION (JgÇ) 

on the submission by Member States of statistics on 
aquaculture production. 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

Aquaculture  is a fast developing sector of the fishing industry that  requires  particular  attention  for 
a variety of reasons: 

a)  it  provides  the  possibility  of  alternative  employment 

in  regions  of  the  EU  where 

restructuring  of the fishing industry could have severe social consequences, 

b)  under-developed  regions  of  the  EU  often  offer  the  best  potential  for  the  development  of 

aquaculture, 

c)  aquaculture  makes a major contribution to the total production of certain fish species,  (for 

example, 97% of marketed salmon are produced by aquaculture  enterprises), 

d)  many  aquaculture  enterprises  employ 

intensive  culture 

techniques  which 

involve 

considerable  investment  for which support  is sought from central authorities, 

e)  the  production  and trade  in aquacultural  products has to be monitored  in order to  maintain 

equitable  marketing conditions, 

f)  aquaculture  is  very  demanding  in  its  environmental  requirements  and  may  conflict  with 

other uses of aquatic resources, 

g)  the  intensive  rearing  of  endemic  species  and the  introduction  of  exotic  species  may  have 
adverse  effects  on  native  wild  stocks  (due  to  the  introduction  of  parasites  and  diseases, 
the  effect  of  escapees  on  the  biotope,  and  competition  for  food  and  breeding  sites  with 
native stocks). 

The interest  in aquaculture  has generated a strong demand for statistics.  This demand  has been 
recognised  at  the  national  level  in  many  countries  and  internationally  by  such  organisations  as 
FAO.  The  EU has  a particular  requirement  for  statistics for the  implementation  of the  structural 
element  of the Common  Fisheries  Policy. 

3. 

Discussions  at  the  technical  level  with  the  national  fishery  statisticians  in  the  Working  Group 
"Fishery  Statistics"  have  demonstrated  an  interest  in  some  Member  States  in  developing  the 
statistics  in this sector.  However,  because  aquaculture  is a relatively  new development  in  most 
Member  States, few national  authorities  have  established  routine  surveys to  collect  statistics  on 
aquaculture  production.  Agreement  of  the  technical  aspects  of  the  current  proposal  (which  is 
based on a subset of the data requested in FAO's questionnaire  on the subject) was achieved by 
permitting  the  national  authorities  to  employ  sample  surveys  and  other  estimation  techniques 
and  by  the  inclusion  of  a transitional  period  and  the  possibility  of  derogations.  Most  Member 
States already  have available the data requested  in the  current  proposal for  EU legislation.  The 
major  aim  of  the  proposed  legislation  is  to  formalise  the  submission  of  the  data  to  the 
Commission  using harmonised definitions. 

The  volume  of  data  is  such  that  there  will  be  no  budgetary  implications  for  the  Commission's 
services.  National  authorities  already  compile  such  data  for  national  purposes  or  to  meet 
international  obligations  (eg  submission  of  data  to  FAO)  and  thus  the  current  proposal  will  not 
have budgetary consequences for these services. 

The  proposed  legislation does  not  require  the  national  authorities  to  conduct  additional  surveys 
of  aquacultural  enterprises  and  thus  it  will  have  no  effect  on  competitiveness  nor  on 
employment. 

-b 

ANNEX 

Subsidiarity 

While  the  Commission  stresses  that  the  availability  oi  data  on  the  production  of  aquacultural 
products  in  a harmonised form  is essential for the development  and administration  of  measures 
for the  aquacultural sector at the level of the EU, it recognises that the collection  of the  statistics 
and the  necessary  infra-structure  to  process and  monitor  the  reliability  of these  statistics  is  first 
and  foremost  the  responsibility  of  the  Member  States.  The  coordination  of  the  work  of  the 
national  statistical  services  will  require  close  collaboration  between  the  Commission  and  the 
Member  States  and  it  is foreseen that the Standing  Committee  for Agricultural  Statistics  should 
be the forum for such collaboration. 

°> bc^ 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

on the submission by Member States of statistics on 
aquaculture production. 

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, 

Whereas  aquaculture  is  a  rapidly  developing  sector  of  the  fishing  industry  with  a  potential  for 
supplementing the limited supplies from traditional capture fisheries, 

Whereas the  production  from  aquaculture  has to  be monitored  and, where  necessary,  controlled 
so as to ensure satisfactory  marketing  conditions, 

Whereas the  impact  of  aquaculture  on  regional  development  and  on the  environment  results  in 
an increasing demand for statistics to monitor the development  of this sector, 

Whereas  the  implementation  of  the  Community's  structural  policy  for  fisheries  also  requires 
statistics on the production  in the aquacultural  sector, 

legal  act  which  will  permit 

Whereas  the  objectives  of  the  proposed  action  can  only  be  achieved  on  the  basis  of  a 
to  coordinate 
the  Commission 
Community 
the  necessary 
level  while  the  collection  of 
information  at  Community 
harmonisation  of  the  statistical 
aquaculture  production  statistics  and  the  necessary  infra-structure  to  process  and  monitor  the 
reliability of these statistics is first and foremost the responsibility  of the Member States, 

Whereas  the  specific  method  of  drawing  up  the  relevant  community  statistics  on  aquaculture 
production,  which  is  based  on  the  national  statistical  systems,  requires  particularly  close 
cooperation  between the  Commission  and the  Member  States,  in  particular  within  the  Standing 
Committee for Agricultural Statistics set up in Decision 72/279/EEC1). 

1) 

OJ  No.  L  179,  7.8.1972,  p.  1 

HAS ADOPTED THIS  REGULATION 

Article 1 

General  provision 

Each  Member  State  shall  submit  annually  to  the  Commission  statistics  on  the  aquaculture 
production in all waters of that Member State. 

Article 2 

Submission of data 

Member States shall forward the data  referred to in Article  1,  in the form described  in Annex  1 to 
this  legal  act  within  nine  months  of  the  end  of  the  calendar  year  to  which  they  refer.  This 
obligation  includes  data  declared  confidential  by  the  Member  States  pursuant  to  domestic 
legislation  or  practice  concerning  statistical  confidentiality,  in  accordance  with the  provisions  of 
Council  Regulation  (Euratom,  EEC)  no.  1588/902)  on  the  transmission  of  data  subject  to 
statistical confidentiality to the Commission  (Eurostat3)). 

The data  may  be submitted  on magnetic  medium, the format  of such submissions  being  agreed 
between the Member State and the Commission  (Eurostat). 

Article 3 

Definitions 

The  definitions  to  be  used  in  submission  of  the  data  are  shown  in  Annex  2.  Where  national 
practices or administrative  procedures do not permit the strict application of these definitions the 
Member State shall inform the Commission (Eurostat) of the definitions in use. 

Article 4 

Data compilation 

The  Member  State  may  use  sample  surveys  or  other  relevant  sources  to  produce  data  on  the 
major components of the aquaculture production: the remaining components may be estimated. 

A Member State having a total annual production of less than 1000 tonnes  may submit  estimates 
for the total production. 

The  Member  State  shall  individually  identify  the  species  listed  in  Annex  3.  However,  the 
production of species not exceeding  1000 tonnes in weight  and not contributing  individually  more 
than  10% by weight to the total production may be estimated and aggregated. 

2) 
3) 

OJNo.  L151, 15.6.1990, p.1 
Statistical Office  of the European  Communities 

S 

Article 5 

Transitional period and  derogations 

1. 

2. 

3. 

If  a  Member  State  is  not  able  to  meet  the  requirements  of  this  Regulation,  the 
Commission may fix a transitional  period up to maximum of three years from the date of 
entry into force of this Regulation, during which the full  implementation  of the  Regulation 
is  to  be  achieved.  During  this  transitional  period,  temporary  derogations  exempting  a 
Member  State  from  provisions  of  this  Regulation  may  be  accorded.  The  Commission 
shall inform all Member States of the details of such derogations. 

In  cases  where  the  inclusion  of  a  particular  sector  of  the  aquaculture  industry  would 
cause  difficulties  to  the  national  authorities  incommensurate  with the  importance  of  the 
sector in the Member State concerned, a derogation may  be granted, in accordance with 
the  procedure  laid  down  in Article  7,  permitting  that  Member  State  to  exclude  data  for 
that sector from the national data submitted. 

The derogations granted pursuant to paragraph 2 shall  be for  a maximum  of three  years 
but  may  be  extended  by  further  three-year  periods.  In  submitting  a  request  for  an 
extension,  the  Member  State  shall  forward  to  the  Commission  the  results  of  a  sample 
survey  showing  the  problems  encountered  in  the  application  of  the  Regulation.  The 
request shall then be subject to the procedure laid down in Article 7. 

Article 6 

Committee 

The  arrangements  for  implementing  the  present  Regulation  including  the  amendments  to  the 
format  of  data  transmissions  in  Annex  1,  the  definitions  in  Annex  2  and  the  list  of  species  in 
Annex 3 shall be laid down by the Commission following consultation  of the  Standing  Committee 
for Agricultural Statistics in accordance with the procedure specified in Article 7. 

Article 7 

Procedure 

1. 

2. 

Where the  procedure  laid down in this Article  is to  be followed, the  Chairman shaH refer 
the matter to the Standing Committee on Agricultural Statistics (hereinafter  referred to as 
"the Committee-), either on his own initiative  or at the  request  of the  representative  of a 
Member State. 

The  representative  of  the  Commission  shall  submit  to  the  Committee  a  draft  of  the 
measures to be taken. The Committee shall deliver its opinion on that draft, within a time 
limit  which  the  chairman  may  lay  down  according  to  the  urgency  of  the  matter.  The 
opinion shall be delivered  by the  majority  laid down  in Article  148(2)  of the treaty  in the 
case  of  decisions  which  the  Council  is  required  to  adopt  on  a  proposal  from  the 
Commission.  The  votes  of  the  representatives  of  the  Member  States  within  the 
committee shall be weighted in the manner set out in that topic.  The Chairman shall not 
vote. 

6 

3. 

The  Commission  shall  adopt  measures  which  shall  apply  immediately.  However,  if 
these  measures  are  not  in  accordance  with  the  opinion  of  the  committee,  they  shall  be 
communicated  by the Commission to the Council forthwith  In that event: 

-  The  Commission  shall  defer  application  of  the  measures  which  it  has  decided  for  a 
period to  be laid down  in each  act adopted  by the  Council, but which  may  in  no case 
exceed three  months from the date of communication. 

-  The  Council,  acting  by  a qualified  majority,  may  take  a  different  decision  within  the 

time  limit  referred to in the previous  indent. 

Article 8 

Final  provisions 

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

This Regulation shall apply from  1 January 1996. 

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

Y 

Annex  1: 

Quantity offish,  crustaceans, molluscs and sea-weeds  produced by aquaculture 
(tonnes live weight). 

Freshwaters^) 

Brackish 
waters3) 

Other waters 
Marine 
waters3) 

Total1) 

Total1) 

Species2) 

Fish 
Crustaceans 
Molluscs 
Sea-weeds4) 

1) 
2) 

3) 

4) 

Obligatory  submission  of  data 
Subject  to  the  provisions  of  Article  4,  the  species  are  to  be  individually  identified. 
Annex  3  is a indicative  list  of  species  subject  to  aquaculture. 
Facultative  submission  of  data 
Wet weight  equivalent. 

Annex 2 

Definitions 

The following definitions are those which, in principle, should be applied by Member States when 
implementing this regulation. 

Aquaculture  is  the  farming  of  aquatic  organisms  including  fish,  molluscs,  crustaceans  and 
aquatic  plants.  Farming  implies some form  of  intervention  in the  rearing  process to 
from 
enhance  production,  such  as  regular  stocking,  feeding  and  protection 
predators.  Farming  also  implies  individual  or  corporate  ownership  of  the  stock 
being  cultivated.  For  statistical  purposes,  aquatic  organisms  which  are  harvested 
by  an  individual  or  corporate  body  which  has  owned them  throughout  their  rearing 
period contribute to aquaculture, while  aquatic organisms which are exploited  by the 
public as a common  property  resource, with or without  appropriate  licences,  are the 
harvest of fisheries. 

Freshwaters  are  the  waters  of  rivers,  streams,  lakes,  ponds  and  tanks  and  other  enclosures 

where the water has a constantly  negligible  salinity. 

Other  waters  are  waters  where  the  salinity  is  not  negligible  throughout  the  year.  The  salinity 
may  be  constantly  high  (for  example,  sea  water)  or  may  be  subject  to  periodic 
variation  (for example, due to tidal or seasonal  influences). 

Sea water is water where the salinity  is high and not subject to significant  variation. 

Brackish  water  is water  where the  salinity  is appreciable  but  not  at  a constant  high  level.  The 
salinity  may  be  subject  to  considerable  variation  due  to  the  influx  of  fresh  or  sea 
waters. 

Aquaculture  production  is  the  output  for  final  consumption  and  includes  the  production  of 
aquatic  plants  for  industrial  purposes.  Hatchery  output  or  products  which  will 
continue to be subject to aquaculture  practices are excluded.  It shall  be recorded  in 
tonnes  live  weight  equivalent  for  animal  products  and  in  wet  weight  for  aquatic 
plants. 

« 

List of species for which aquaculture  production  data «re  requested 

Annex 3 

English  name 

Scientific  name 

fc 

FISH 
Grass carp (White amur) 
Common carp 
Northern  pike 
Bighead carp 
Silver  carp 
Freshwater fishes nei 
Roaches 
Tench 
Tilapias  nei 
North African catfish 
Black  bullhead 
Wels (Som) catfish 
Sturgeons nei 
European eel 
Whltefishes nei 
Coho (=Silver salmon) 
Rainbow trout 
Pacific salmons nei 
Atlantic salmon 
Trouts  nei 
Sea trout 
Arctic char 
Brook trout 
Chars nei 
Turbot 

Ctenopharyngodon idella 
Cyprinus carpio 
Esox lucius 
Hypophthalmichthyes  nobilis 
Hypophthalmichthys molitrix 
Osteichthyes 
Rutilusspp. 
Tinea tinea 
Oreochromis ssp 
Clarius gariepinus 
Ictalurus melas 
Siluris giants 
Acipenseridae 
Anguilla anguilla 
Coregonus nei 
Oncorhynchus kisutch 
Oncorttynchus mykiss 
Oncorhynchus  spp. 
Safmo salar 
Salmo spp. 
Salmo trutta 
Salvelinus alpinus 
Salvelinus fontinalis 
Salvelinus spp. 
Psetta  maxima 

3-alpha 
identifier 

FCG 
FCP 
FPI 
SIC 
SVC 
FRF 
FRX 
FTE 
TLP 
CLZ 
ITM 
SOM 
STU 
CLE 
WMF 
COH 
TRR 
ORC 
SAL 
TRO 
TRS 
ACH 
SVF 
CHR 
TUR 

English  name 

Scientific  name 

Common  sole 
Atlantic  cod 
Seabass 
Porgies, seabreams nei 
Gilthead  seabream 
Flathead grey  mullet 
Mullets  nei 
Greater  amberjack 
Northern  bluefin tuna 

CRUSTACEA 
Crayfishes 
Giant  river  prawn 
Kuruma  prawn 
Red swamp  crawfish 
Spinous spider  crab 
Palinurid spiny  lobsters  nei 
Common  prawn 
Giant tiger  prawn 
Signai  crayfish 

MOLLUSCS 
Pacific cupped  oyster 
Cupped  oyster 
European  flat  oyster 
Blue  mussel 
Mediterranean  mussel 
Queen  scallop 
Common  scallop 
Common  cockle 

Solea vulgaris 
Gadus morhua 
Dicentrarchus labrax 
Sparidae 
Spams auratus 
Mugil cephalus 
Mugilidae 
Seriola dumerili 
Thunnus thynnus 

Astacus  spp., Cambarus spp 
Macrobrachium  rosenbergii 
Penaeus japonicus 
Procambarus clarkii 
Maja squinado 
Palinurus spp. 
Palaemon serratus 
Penaeusmonodon 
Pacifastacus  leninsculus 

Crassostrea gigas 
Crassostrea spp. 
Ostrea edulis 
Mytilus edulis 
Mytilus galloprovincialis 
Chlamys opercularis 
Pecten maximus 
Cardium edule 

3-alpha 
identifier 

SOL 
COD 
BSS 
SBX 
SBG 
MUF 
MUL 
AMB 
BFT 

AYS 
PRF 
KUP 
RCW 
SCR 
CRW 
CPR 
GIT 
PCL 

OYG 
OYC 
OYF 
MUS 
MSM 
QSC 
SCE 
COC 

English  name 

Grooved carpet shell 
Japanese (Manilla)  clam 
Carpet shells nei 
Venus  clams 
Common  cuttlefish 
Hard clam 

SEA-WEEDS 
Wakame nei 

X 
^ 

Scientific  name 

Ruditapes decussatus 
Ruditapes philippinarum 
Tapes spp 
Veneridae 
Sepia officinalis 
Mercenaria mercenaria 

Undaria spp. 

3-alpha 
identifier 
CTG 
CLJ 
TPS 
CLV 
CTC 
CLH 

UDS 

|3f! 

**$&& *ï*  **•<• 

ISSN 0254-1475 

COM(95) 394  final 

DOCUMENTS 

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Catalogue number  : CB-CO-95-469-EN-C 

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