Proposal for a COUNCIL DECISION concerning the objectives and detailed rules for restructuring the Community fischeries sector for the period from 1 January 1997 to 31 December 2002 with a view to achieving a balance on a sustainable basis between resources and their exploitation
Date: 1996-05-29
Institutions: European Commission
Subjects: Community fisheries, common fisheries policy, fishery management, fishery resources, fishing fleet

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  29.05.1996 
COM(96)  237  final 

96/0142  (CNS) 

Proposal  for  a 

concerning  the  objectives  and detailed rules for  restructuring  the  Community  fisheries 
sector for  the  period from  1 January  1997  to  31  December  2002  with  a view  to  achieving 
a balance  on  a sustainable basis between  resources  and their  exploitation 

(presented by  the Commission) 

EXPLANATORY  MEMORANDUM 

1.  Context  of the  restructuring  of the Community fleet 

The  Community  fishing  fleet  is  responsible  for  an  overexploitation  of the resources, to the 
extent that a certain number of fish  stocks are in a critical state, far outside the limits imposed 
by the principles of sustainable development. This situation puts the endurance even of fishing 
activities imp peril, and weakens the whole of the Union's fishing industry and the economic 
equilibrium  of  areas dependent  on fishing. 

Very  recently  the Council  of Fisheries Ministers were forwarded  Communications  from  the 
Commission  concerning  the further  degradation  of fishing conditions  and the remedies that 
it  should be taken  as soon as possible to bring the industry  out of this deep crisis. It  should 
be  recognized  that  amongst the  primary  causes  of this  situation  is the large  overcapacity  of 
the  Community  fleet,  which  successive  capacity  reduction  programmes  have  all  failed  to 
control  sufficiently. 

Under  these conditions,  it is essential  to pursue the restructuring  of the Community  fleet  in 
order tp guarantee a sustainable balance between the resources and their  exploitation. 

2.  Preparatory  work:  biological  considerations  and  consultations  with  professionals 

In  order  to  determine  the  appropriate  nature  and  magnitude  of  measures  to  restructure  the 
Community fishing fleet, the Commission  has worked  along two lines: 

the  assignment  of  a  group  of  independent  and  internationally  renowned  experts  to 
prepare  a report to  advise the Commission  on the measures to adopt  in  order to  adjust 
the levels of fishing mortality by fishery  and fleet to values that are compatible with the 
sustainable development  of the  fisheries; 

the organization  of 35 professional forums at regional and European levels on the social 
and economic consequences of the restructuring measures for areas dependent on fishing 
and  for  the fishing  industry. 

The  conclusions  of the  report  of the group  of  experts was delivered  to the Commission  on 
23 March  and  showed  that  a rapid  reduction  in the fishing  mortality  was needed  in  a large 
number of fisheries, by at least 20% to bring about a real effect  and by at most 40% initially 
so that  the first effects  can be  measured.  For  certain  stocks where the  state is judged  to be 
critical the measures must be immediately put into action, for vulnerable stocks they must be 
undertaken  as  soon  as  possible,  and  for  stocks  in  equilibrium 
it  would  be  necessary  to 
neutralize the effects  of technical  progress. 

The  regional  consultations  showed  that  the  fleet  restructuring  measures  should  be 
differentiated  and  applied  over  a reasonable  period  of time given  their  impact  on  all  of the 
activities in coastal  areas that linked to fishing.  It is clear that  it would be possible to give 
particular  treatment  to the  case of  small  coastal fisheries, a  segment  of the  fleet  supporting 
many jobs and taking resources of local importance. The specific character of certain fishing 

activities was made apparent during the course of these consultations and should be taken into 
account in the preparation of the restructuring programmes, Member State by Member State, 
so that a certain flexibility  can be introduced depending on the particular circumstances. 

3. 

Justification  for the Commission  proposal. 

3.1.  General  objectives 

The objective is to bring the fleet size, maritime region by maritime region, fleet segment by 
fleet segment, to levels that guarantee the sustainability of fishing activities and a higher value 
for fish resources. The proposal of the Commission aims to guide the evolution of the fishing 
capacity  of the European fishing fleet over  6 years,  a sufficiently  long term perspective to 
absorb the impact in areas dependent on fishing while also respecting as closely  as possible 
the management recommendations of the scientists, thus ensuring a stable economic balance 
in areas dependent on fishing  through the sustainability of fishing activities. 

To  this  effect  a  clear  distinction  is  made between  static  gears,  subject  to  other  particular 
provisions (technical  measures), and towed gears. 

Moreover, the proposal  allows Member States to implement specific programmes to manage 
fishing effort,  which  would  permit  them  to  reduce  fishing  activity  (another  parameter  of 
fishing effort)  and in this way obtain an adjustment of the fleet capacity reductions required. 
In the case that the measures proposed and analysed according to the procedures of Article 4 
of Regulation  109/94 are accepted, the objectives of their multiannual  guidance programme 
would be  revised  according  to the procedures  envisaged by  Article  18 of Regulation  (EC) 
No 3760/92  (Management  Committee).  These  specific  programmes  continue tP ensure that 
the fishing effort  ceilings prescribed by fleet segment are respected. 

For the segments of the fleet that use static gears a general reduction of 2% per year will be 
requested  to compensate for the average  affect  of technical  progress on fishing effort.  The 
Member States will moreover be required to take measures to limit the fishing effort of these 
fleets as appropriate. 

For the segments of the fleet that use towed gears it is appropriate to adapt the scope of the 
measures  to  the  biological  constraints  presented  by  the  various  fisheries  as  well  as  the 
characteristics  and peculiarities  of the sector.  To this end,  the Commission  has identified  5 
types of fisheries or groups of fisheries. 

The detailed rules for the passage from the objectives fixed for the segments of the MGP III 
to the objectives  for the  segments  of MGP IV will  be adopted,  Member  State by Member 
State, in the framework of the provisipns pf Article 5 pf Regulation 3699/93  cpncerning the 
adpptipn  pf  an  MGP  IV.  These  detailed  rules  ensure  that  the  effort  ceilings  by  segment 
required by the present Decision  are respected. 

3.2 

Adaptation of measures applicable to towed gears to the conditions of  different 
fisheries 

3.2.1.  Absolute  biological  urgency  (30 +  10 =  40) 

This  must  be  applied  without  concession  to  stocks  whose  state  is  critical  in  the  sense  that 
there  is a risk of biological  collapse that would  certainly  be followed  by  the economic ruin 
of  the  corresponding  fleet  segments.  For  these  segments  the  Commission  proposes  a firm 
reduction  of 40% over  6 years, of which  30% over the first three years. 

This urgency  applies  to the  majority  of  demersal  fisheries  of the North  Sea and the Baltic, 
with the particular case of Baltic Salmon for which the closure of the fishery is proposed but 
for  which  could  be  limited  tp  a  reduction  of  fishing  effort  of  (30  +  20  =  50)  for 
socio-economic  reasons.  Another  particular  case  is that  of the  sardine  fishery  off  Portugal, 
where the  state of the  stock justifies  the biological  urgency  measure. 

In  the vital  interests  of  the fishermen  themselves  the Commission  considers  that  its  duty  is 
to defend  this position without  any  concession. 

3.2.2.  Lesser  urgency  (20 +  20 »  40 Or 20 +  10 = 30 or  15 +  15 = 30) 

These fisheries  show obvious signs of overexploitation  but their ability to recover  (pelagics) 
or the particular  characteristics  of their ecological  niche (benthics)  offer  a better  chance  for 
the  survival  of the species. In this case the Commission  proposes reductipn  rates that  are in 
line  with  scientific  analyses  but  considers  that  for  specific  social  reasons  there  is  room 
for  negptiation. 

3.2.3.  Prevention  of the expansion  of fishing  effort  ( 6 + 6 =  12) 

In prder  tp prevent  an expansipn  pf fishing effort  in  all  the Pther fisheries  cpnsidered  tp be 
in equilibrium  a general reductipn pver the peripd pf 6 years pf  12% in capacity is requested 
to neutralize the effects  of technical  progress, estimated  at 2% per year. 

3.2.4.  Permit  a moderate  expansion  of fishing  effort  (0 + 0 =  0) 

The analyses of the tropical tuna fisheries  or those of deepwater  species allow,  according to 
the  geographical  area,  the  possibility  of  a  small  increase  in  fishing  effort  that,  taking  into 
account  technical  progress, results in  a stabilization  pf the pbj écrives. 

3.2.5.  Particular  cases of  bilateral  and  multilateral  fisheries  agreements 

For multilateral  agreements concerning fisheries for  which there exists scientific  opinion on 
which  to  fix  guidelines  for  sustainable  levels  of  fishing  effort  (NAFO/OPANÔ,  NEAFC, 
IATTC), it is proposed that the rates and timing of the reductions conform to the opinions of 
these  sources. 

For  the  resources  accessible  tp  Cpmmunity  fishing  vessels  in  the  framewprk  pf  bilateral 
fishing agreements concluded between the Community and a third cpuntry, these depend both 
on biological  considerations  and on political  factors. 

In consequence,  the capacity  of the fleet segments involved  in bilateral  fisheries  agreements 
will  be  adjusted  in  accordance  with  the  resources  accessible  under  these  agreements,  as 
expressed  in the provisions of the  agreements. 

Tp  this  end  the  segments  cpncerned  will  be  identified  in  the  framewprk  pf the  provisions 
applied  under Article  5 of Regulation  3699/93  concerning the MGP IV. 

3.3. 

The real effects  of  restructuring measures on the Community fleet 

Although  these  measures  may  appear  severe  the  effects  should  be  considered  relative  to 
production capacity and employment in the areas depending on fishing. It will be remembered 
that  the  application  in  MGP  III  pf  reductipn  rates  pf  20%,  15%, and  0%  pn the  demersal, 
benthic and pelagic resources  led to real  reductions in global  capacity  pf only  about 8% 

It will  be the same fpr  the MGP IV where the coastal fleet is relatively  preserved,  and  also 
many  segments target stocks that are not very sensitive. The average global rate of reduction 
programmed fpr the whple Cpmmunity fleet will npt hpwever be known until after the precise 
formulation  of the objectives  in the Commission  decisions adopting the MGP IV. 

4. 

Impact  of  the  restructuring  on  the  areas  dependent  on  fishing  and  the 
fishing  industry 

Since  1991, when  the  contribution  of  the  "Fisheries"  funds  to  the  reform  of  the  structural 
funds was examined, the Commission began an extensive socio-economic study in theUnion's 
most representative  areas dependent  on  fishing*1*. 

Between  September  1995  and  March  1996  the  Cpmmissipn  conducted  35  regional  and 
European consultations with the industry with a view to the prepraration of the MGP IV and 
to appreciate the socio-economic  consequences linked to the restructuring  of the  sector. 

It  is  useful  to  first  of  all  assess  what  could  become  of  the  sector  without  a  restructuring 
programme.  The  danger  of  the  collapse  of  certain  stocks  warns  of  the  economic  ruin  of 
certain areas dependent  on fishing. Thereafter,  for the stocks not presenting this danger,  one 
would  probably  witness  a  slow  deterioration  in  the  exploitation  conditions  linked  to  an 
overexploitation that the weakness of market prices would encourage. One has only to see the 
general  economic  situation  of  the  sector  and  the  constant  decline  in  employment  to  be 
convinced  that  energetic  measures must be taken to break this vicious circle. 

In  the  framework  of  a  programme  for  the  elimination  of  fleet  overcapacity,  the  measures 
adopted will result in the cessation of activity  for  a certain number of fishing  vessels. These 
vessels  will  not  be  replaced.  The  vessels  that  are  left  will  however  no  longer  be 
overexploiting  the  resources,  and will  improve their  own  situation  as the global  production 
increases. It is convenient  here to distinguish the economic  effects  from  the  social  effects  : 

(1) 

The  21  regional  socio-economic  studies  in  the  fisheries  sector  (1991/93)and  their 
synthesis (1993). 

From the economic  point  of view the expected  effect  of the restructuring is: 

a significant  improvement  in the economic results of fisheries companies; 

greater  competitiveness  of European  products, to the benefit  of the industry. 

l 

From  the  social  point  of  view,  the  short  term  effect  will  be  a  reduction  in  the  number 
employed  in  the  industry.  However  in  the  medium  term,  with  an  expected  increase  in 
production,  the  "downstream"  employment  will  be regenerated. 

In order to minimize the social consequences pf the restructuring pf the Cpmmunity fleet, the 
Cpmmissipn  prpppses  5 type pf measure: 

a  spreading  pf the capacity  reductipn  measures over  a longer  period  of time; 

less rapid  reductions for  the stocks in less danger; 

particular  treatment  for  small  scale fisheries; 

the resort to regimes to manage fishing effort  to attenuate the reductions in capacity; 

the  implementatipn  pf  accpmpanying  socip-ecpnpmic  measures  adopted  by  the 
Councl  in December  1995. 

5. 

Accompanying  socio-economic  measures 

The  negative  effects  of  the  restructuring  of  the  sector  will  be  attenuated  by  the 
implementation  of  accompanying  socio-ecpnpmic  measures  envisaged  by  Cpmmunity 
regulations  concerning  the  structural  funds,  and  in  particular  by  the  new  prpvisipns  pf  the 
FIFG regulatipn(2). 

Due to the  Community  initiative PÉSCA(3) the  sector  is able in  all  the zones dependent  on 
fishing  to  make  use  of  the  measures  and  means  of  the  structural  funds  to  facilitate  the 
restructuring  of the  sector. 

6. 

The different  effects  of the  restructuring  in the different  Member  States 

The  restructuring  measures  decided  in the framework  of the  present  proposal  will  have  an 
impact on the fleets  of the Member  States that is a function  of: 

the nature of their fleet; 

(2) 

(3) 

Council Regulation (EC) No 2719 of 20 November  1995 amending Regulation  (EC) 
NP 3699/93  (OJ No L 283, 25.11.1995). 
Communication  94/C  180/01  to  the  Member  States  laying  down  the  guidelines 
for  obal  grants  or  integrated  operational  programmes  within  the  framework  of  a 
Community 
the  fisheries  sector 
(OJ No C  180,  1.7.1994). 

the  restructuring  of 

initiative  concerning 

their capacity  tp implement  measures tp manage fishing  effort; 

their  situation with  respect to the previous programmes. 

6.1. 

Situation linked  to the  nature of the fleet 

The  dpminance  pf  small  scale  fisheries  pr  static  gears  in  the  typplpgy  pf  the  fleet, 
particularly in the Member States in the sputh pf the Unipn, will considerably ease the impact 
on employment  of the restructuring  constraints. 

6.2. 

Situation resulting from the implementation of regimes to manage fishing  effort 

The  implementation  of  regimes  to  manage  fishing  effort  equally  permit  the  easing  of  the 
objectives  of the restructuring programmes due to reductions in fishing time. Fpr a Member 
State in which the ecpnpmic health pf the fisheries  sector justifies  lihis type of measure, the 
reduction  in employment  can be  minimized. 

6.3. 

Situation  with  respect  to  the  previous  programmes 

The  objectives  for  restructuring  are  fixed  in  the  framework  pf  the  multiannual  guidance 
programmes in the fprm  pf capacity ceilings tp be respected by a given time limit. The  efforts 
accpmplished in the past are taken intp account by these programmes. A Member State behind 
with  its prpgramme will  have tp make up the backlpg tp meet the  pbjectives.  On the pther 
hand, a Member State that has achieved fleet reductions that gp beypnd its pbjectives will find 
the  pbjectives  pf  the  next  prpgramme  lightened  in  cpnsequence.  The  "bpns  élèves"  that 
respected the previpus decisipns pf the Cpmmissipn cpnceming the restructuring pf their fleet 
will  therefore  have a  "credit" which will  make their final pbjectives  easier tp achieve. 

7. 

Coherence  of  the Community  aid regimes  and  restructuring 

The  Cpuncil  adopted  in  December  1993  a  regulation  that  ensures  the  integration  of  the 
structural  measures  developed  in  favour  of fisheries into  the interventions  of  the  structural 
funds.  In  application  of  this  regulation  the  Union  can  give  aid  for  the  elimination  of fleet 
overcapacity and aid for its modernization, including the construction of fishing vessels. There 
is no doubt that the injection  of public credit in a sector already considered as overcapitalized 
contributes to the increase in fishing  effort  and therefore  to the aggravation  of the  situation 
in the  sector. 

The Commission  in these circumstances  envisages to propose to the Council  a  modification 
of  the  Community  structural  regulation  concerning  structural  measures  that  would  not 
jeopardize the financial  plans already  approved  up to the end  of  1999. 

The  identification  of  the  new  financial  requirements  necessary  in  the  sector  to  ensure  the 
restructuring  can justify 

that: 

between  now  and  1999 the measures to adjust  fishing  effort  and the  accompanying 
socio-economic measures be reinforced  by an internal  reallocation  of the resources 
available within  the existing programmes; 

after  1999 new budgetary resources be identified  in the context of the next period of 
structural  fund  programming. 

In  order  not  to  penalize  segments  of  the  fleet  that  respect  the  objectives,  a  proposal 
determining the new conditions of access to aid regimes for fleet renewal could be submitted 
to the Council before the end of  1996. 

8. 

Legal  base and  calendar 

In order to ensure the implementation  of means to ensure the restructuring  of the  sector in 
accordance  with  the  objectives  described  above  the  Commission  proppses  tp  adopt  the 
following  provisions,  only the first of which is the subject of the present proposal: 

the  adoption  in  September  96  by  the  Council  of  a  decision  with  a  medium term 
perspective of six years (1997/2002) guiding the restructuring of the fisheries sector 
with  the  view  of  achieving  a  sustainable  balance  between  the  resources  and their 
exploitation  in accordance with Article  11 of Regulation (EEC) No 3760/92(4); 

the adoption by the Commission  by  31  December  1996  at the latest  of  a series  of 
13 decisions fixing,  Member State by Member State, the objectives for the limits to 
capacity  by  segment  of their fleet  over the period  1997/99 in  accordance with the 
provisions  of  Article  5  of  Regulation  3699/92(5}  on  the  adoption  of  the  fourth 
multiannual  guidance programmes (MGP IV); 

at the end of the MGP IV the Cpuncil cpuld be invited tp examine a new prpvisipns 
that respond to the exploitation conditions in the fisheries at that  time. 

(4) 

(5) 

Article  11  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). 
Article  5  of  Council  Regulation  (EEC) No  3699/93  of  21  December  1993, laying 
down the criteria and arrangements regarding Community structural assistance in the 
fisheries and  aquaculture  sector  and the  processing  and marketing  pf  its products 
(OJ No L 346,  31.12.1993). 

Proposal  for a 
COUNCIL PEUSIQN 
concerning the objectives and detailed rules for restructuring the Commumty  fisheries 
sector for the period from 1 January  1997 to 31 December 2002 with a view to achieving 
a balance on a sustainable basis between resources and their exploitation 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard tp Cpuncil Regulation (EEC) NP  3760/92 pf 20 December  1992 establishing 
a Cpmmunity system for fisheries and aquaculture(1), as amended by the Act pf Accessipn pf 
Austria, Finland and Sweden, and in particular Article  11 thereof, 

Having regard tp the proposal  pf the Cpmmissipn(2), 

Having regard tp the opinion of the European Parliament^, 

Whereas  the  Community  fisheries  sector  should  be  restructured  in  a way  that  takes  into 
account  the  characteristics  of  each fishery; whereas  the  objectives  and  detailed  rules  for 
restructuring the Community fleet shpuld be fixed by fleet segment in relation tp a stpck or 
group of stpcks; 

Whereas, given the generally wprrying findings as tp the state pf the respurces accessible tp 
Cpmmunity vessels, reinforced by the production of a repprt by independent experts delivered 
by  the  Cpmmission  to  the  Council  on  22  April  1996(4),  the  Council  agreed  that  it  was 
necessary,  over  a period of time  sufficiently  long to  afford  a real  remedy, to  adopt precise 
guidelines for the  adjustment  of  capacity  and fishing  effort  in the various  segments  of the 
Community  fleet  according to a programme that takes into account the  state of the various 
stocks  pr groups  pf  stpcks, whilst  taking  intp  accpunt that the  Member  States will  npt be 
prevented from taking the quptas actually available; 

Whereas the critical  state of certain stocks should be recognized; whereas the urgency of the 
measures  to  be  applied  to  these  stocks  justifies  a  reduction  in  the  capacity  of  the 
corresponding fleet  segments that is more rapid at the beginning of the programme than at 
the end; 

Whereas the objectives and detailed rules for restructuring must take into account the fishing 
types and methods and their effects  on the fish stocks and the marine environment; whereas 
it is therefore appropriate to ensure a clear distinction between tpwed gears and static gears; 

(1) 
<2) 
w 
(4) 

OJ No L 389, 31.12.1992, p.  1. 
OJ No C 
OJNoC 
Report of the group of independent  experts to advise the European Commission on 
the fourth generation of multiannual  guidance programmes (MGP IV). 

Whereas  the  characteristics  of  the  power  and  tonnage  of  the  vessels  are  the  pertinent 
parameters  as to  fishing  capacity  for fleets using  towed  gears  or purse  seines,  while  such 
parameters are less pertinent for fleets using static gears; whereas for those gears, besides the 
provisions  adopted  in  this  Decision,  provisions  should  be  adopted  in  the  framework  of 
technical  measures influencing  the fishing  mortality for which they are responsible; 

Whereas  as  far  as  static  gears  are  concerned  the  reference  situations  vary  from  one 
Member State to another; whereas provisions should be adapted to the specific  circumstances 
in the different  Member States; 

Whereas  it is  necessary  to take into  account an increased  efficiency  in  fishing  attributable 
solely  to the effect  of technical  progress and generally  estimated to be around 2% per year 
for the whole of the Community fleet; 

Whereas the Commission organized between September  1995 and March 1996 a series of 35 
regional and European consultations with the professional organizations and local groups most 
affected by the evolution of fishing; whereas it emerged from this wide consultation that the 
restructuring  pf  the  sectpr,  hpwever  necessary  it  might be,  cpuld have  a  spcial  impact  on 
employment  in the industry,  especially  in the  short term  and on employment  aboard ship; 
whereas,  as far as  possible  and in  addition to the  socio-economic  accompanying  measures 
envisaged  by  Community  regulations,  the  impact  shpuld  be  attenuated  by  phasing  in  the 
measures for restructuring the sectpr; 

Whereas, in cases where the state pf the stocks is so critical that urgent solutions are called 
for,  such phasing in would not be appropriate; 

Whereas the employment  generated  by  the  sector in  areas dependent on fishing should be 
taken into  account; whereas it  is justified  in the  case  of  small-scale  coastal  fisheries  using 
static gears to apply special treatment, since this activity ensures a high number of direct jobs 
relative to the small  catches of fish; 

Whereas, in situations justified by the economic conditions of the exploitation of certain  fleet 
segments and by the specific  character of certain fishing  activities, the reductions of  fishing 
effort  required  by  the  state  of  the  stocks  can  be  achieved  by  a reductipn  in  the  level  pf 
activity  pf  the  said  segments  rather  than  a  reductipn  in  their  capacity,  provided  that  the 
Member  State  cpncerned  dempnstrates  its  ability  tp  set  up  and  administer  fishing  effort 
regimes by  fishery; 

Whereas  pursuant  to  Article  5(4)  of  Council  Regulation  (EC)  No  3699/93  of 
21 December  1993 laying down the criteria and arrangements regarding Community structural 
assistance  in  the fisheries and  aquaculture  sector  and the  processing  and  marketing  of  its 
products(5), as last amended by Regulation (EC) No 965/96(6), the Member States transmitted 
to  the  Commission  information  on  the  minimum  content  of  the  multiannual  guidance 
programmes for the fishing  fleet  for the period  1997 -  1999; 

(5) 
(6) 

OJ No L 346,  31.12.1993,  p. 1. 
OJNoL  131,  1.6.1996,  p. 1. 

10 

Whereas the period  1997 -  1999 coincides with the end of the financial programming period 
of  the  sector  in  the  framework  of  the  structural  funds;  whereas  the  detailed  rules  for 
restructuring the sector for this period should be now be specified  according to the provisions 
of Article  5 of the  said Regulation  (EC) No 3699/93; 

Whereas that term  does not,  however,  correspond  to  a programming  period  long  enough to 
ensure  sufficient  restructuring  of  the  sector,  and  in  consequence  supplementary  measures 
should  be  adopted  in  a second  phase  covering  a  supplementary  period  at least  equal  to  the 
first;  whereas  this  Decision  does  not  prejudge  any  accompanying  Cpmmunity  finance  for 
restructuring the  sector that might be adopted for  a peripd  after  31 December  1999; 

Whereas the method for fixing the objectives  for  the reductipn  pf fleet capacity  shpuld take 
intp accpunt the efforts  made in the past; whereas it  shpuld be ensured that the pbjectives  pf 
such programmes  are implemented  in a progressive  and balanced  way; 

Whereas the reductipns in capacity shpuld be in line with the pbjectives fixed in terms pf the 
progressipn  pf fishing  mortalities by  stpck and pf  effort  by  fishery, 

HAS ADOPTED  THIS DECISION: 

Article 1 

1.  The  capacities  of  segments  of  the  fishing  fleet  of  each  Member  State  shall  be 
diminished according to the percentage reductions in fishing effort  required by stock or 
group of  stocks and within the deadlines  set out in the Annex. 

2.  When  a  segment  of  the  fleet  fishes  several  stocks  or  groups  of  stocks,  the  reductipn 
applied  shall be the highest percentage reductipn in fishing  effort  cprresppnding tp the 
mpst  sensitive  stpck. 

3. 

The  segmentation pf the fleet pf each Member  State  shall  be determined  accprding to 
the  procedures  under  Article  18  of  Regulation  (EEC)  No  3760/92  in  relation  to  the 
stocks  or  groups  of  stocks  defined  in  the  Annex  hereto  and  taking  into  account  the 
segmentation  adopted  as part  of the third  multiannual  guidance programme. 

4.  A segment  of the fleet shall  be  defined  as a homogeneous  group  of vessels for  which 
the  fishing  activities  are  similar.  A  segment  shall  be  polyvalent  if  it  is  composed  of 
vessels using alternatively towed gear, static gear, or gear of a different  nature. A vessel 
shall be classified  as polyvalent on the basis of information  provided to the Commission 
on the basis of Commission  Regulation  (EC) No  109/94(7),  and  in particular  Annex  1, 
Table 2 thereof. 

(7)  O J N oL  19,22.1.1994,  p. 5, 

11 

Article? 

In accordance with the procedures defined in the framework  of Regulation (EC) No 109/94 
concerning the fishing vessel  register of the Commumty: 

1. 

2. 

3. 

the capacities pf segments composed pf vessels using towed gears and purse seines are 
expressed at least in tonnage GT and tptal installed power kW; 

the capacities pf segments composed of vessels using static fixed or floating gears are 
expressed at least in number of vessels and tonnage GT; 

the capacities of mixed segments composed of vessels using alternately tpwed gears and 
static gears are expressed at least in tonnage GT, total installed power kW and number 
pf vessels. 

Article 3 

In each Member State the fleet segment composed pf fishing vessels pf less than seven metres 
in  overall  length  and not  equipped  for fishing with towed  gears  shall  be  exempt  from the 
provisions of Article 1. Any increase in the capacity of this segment expressed in tonnage GT 
and  in  number  of  vessels  accprding  to  the  data  collected  pursuant  to  Regulation  (EC) 
No  109/94 shall be prohibited from  1 January  1997 until  31 December 2002. 

Article 4 

1.  Each Member  State  shall  adopt the measures necessary  to  constrain the evolution  of 
fishing effort,  as defined  by  point  (f)  of  Article  3 of  Regulation  (EEC) No  3760/92, 
exercised by fleet segments using static gears within the limits and deadlines  specified 
in  the  Annex  hereto.  The  proposed  measures,  the  effect  of  which  must  be  that the 
required reductions in capacity result in equivalent reductions in fishing effort,  shall be 
submitted to the Commission for approval by 30 June  1997 at the latest. 

2.  Any  Member  State  may  propose,  according  tp  the  prpcedure  under  Article  4  pf 
Regulation  (EC)  109/94,  a  programme  to  limit  fishing  effort,  including  measures 
regulating  fishing  activity,  for the  segments  of  the fleet cpvered  by  Article  2  pf this 
Decisipn.  Where  the  Cpmmissipn  decides  tP  accept  such  a  prpgramme  it  shall 
determine, in its decisipn pf acceptance, tp what extent and under what cpnditipns the 
implementation of the said programme wpuld result in the pbligatipns to reduce capacity 
in  the  Member  States  concerned  being  eased  within  the  framewprk  of  the  decisions 
covered by Article 5(2) of Regulation (EC) NP  3699/93. 

Article 5 

The  segments  of  the  fleet  affected  by fisheries management  recommendations  issued  by 
international  organizations  approved  by  the  Community  or  the  Member  States  and,  if 
necessary,  the  segments  of  the fleet covered  by fishing agreements  concluded  between the 
Community  and  third  countries,  shall  be  identified  and  their  capacities  adjusted  by  the 
Commission  on  the  basis  of  this  Decision,  in  line  with  the  objectives  fixed  by  those 
recommendations and the fishing  opportunities defined by the agreements. 

12 

Article  ft 

1.  The implementation  of the  objectives  and the detailed  rules of this Decision  shall  be 
carried.out by the Commission in two phases, the first of which shall be for the period 
from  1 January  1997 to 31 December  1999 within the framework  of the provisions of 
Article  5  of  Regulation  (EC)  NP  3699/93  concerning  the  multiannual  guidance 
programmes for the fishing fleets. It is within this framework that the segmentation of 
the  fleet  and the  detailed  rules fixing  the objectives  by  segment  as a function  of the 
objectives fixed by the previous programmes shall be adopted. 

2.  The target reductions in capacity  by fleet segment, fixed accprding tp the percentages 
in Annex I covering phase I (1997 -  1999) shall  be achieved by 31 December  1999 at 
the latest. 

3.  The target reductions in  capacity by fleet segment fixed according  to the percentages 
in Annex  I covering phase II (2000 -  2002)  shall  be  achieved by  31 December  2002 
at  the  latest.  To  this  end  the  Member  States  shall  transmit  to  the  Cpmmissipn  by 
1 January  1999  at the  latest  the information  set  put in  Annex  II to  Regulation  (EC) 
NP  3699/93  adapted pn the pccasipn fpr the peripd  1999/2002. 

The  Scientific,  Technical  and  Economic  Committee  for  Fisheries  established  by 
Article  16 of Regulation (EC) No 3760/92 shall provide by  1  January 1999 at the latest 
a report on the evolution of fish stocks and of  fisheries. 

On  the  basis  pf  that  informatipn  the  Cpuncil  may,  accprding  tp  the  prpcedure  of 
Article 43  of the Treaty, revise the guidelines that it has fixed in this Decision. 

4.  Any  other  decision  necessary  for the  implementation  of  this  Decisipn  shall  be taken 
accprding tp the prpcedure under Article  18 pf Regulation (EEC) NP  3760/92. 

Article 7 

For  the  period  from  31  December  2002,  the  objectives  and  detailed  rules  envisaged  in 
Article  11 of Regulation (EEC) No 3760/92  shall be fixed by the Council by  30 June 2002 
at the latest. 

This Decision is addressed to the Member States. 

Article 8 

Done at Brussels, 

For the Cpuncil 
The President 

13 

ANNEX 
relative to the pilot redaction rates for the restructuring of the fishing fleet during 
the period from  1 January 1997 to 31 December 2002 

The  percentages  shown  in  the  maritime  region  tables  fix  reductions  in fishing effort  by 
stock or groups of stocks for phase 1 (1997/1999),  phase II (2000/2002) and for the whole 
period (1997/2002). 

These  percentages  apply  to  the  segment  capacity  ceilings  at  31 December  1996 fixed in 
Commissipn  Decisions  95/238/EC  to  95/248/EC  of  7  June  1995(8)  cpnceming  the  third 
multi-annual  guidance  programmes  fpr  the  peripd  1993  -  1996.  These  ceilings  will  be 
converted according to fleet remeasurement procedures, collection of data on power installed 
on board, and possibly  the revision of segmentation of the fleet  should this exercise prove 
to be necessary to take into account pilot reduction rates in the present annexe. 

1.  Pilot reduction rates applicable to segments using fixed gear in all the maritime 

regions as well as segments not targeted by those tables under point 2 

I

II 

stocks 

phase 1 
(1997 -  1999) 

phase II 
(2000 - 2002) 

tptal for  the period 

All  stocks  except 
salmon 

salmon 

6% 

30% 

6% 

20% 

12% 

50% 

2.  Pilot reduction rates applicable to segments using trawls, purse seines or composed 
of  polyvalent  vessels  by  maritime  region:  (based  on  the  numbered  divisions 
established  by  the  international  Cpuncil  for  the  exploration  of  the  sea:  ICES  and 
NAFO). The fleet segments not identified with the stpcks targeted by the tables belpw 
but indicated by maritime area and by type pf demersal fishery, benthic and pelagic, 
industrial fishing and  fishing  fpr  deep  water  species  will  be  subject  to  a general 
capacity reductipn pf  12 % in twp equal parts pf 6 % for each phase 

Baltic Sea (HI b, c, d) 

stocks 

demersal 

pelagic 

phase 1 
(1997 -  1999) 

phase II 
(2000 - 2002) 

total  for  the 
period 

30% 

0% 

10% 

0% 

40% 

0% 

(8) 

O J N PL  166, 15.7.1995. 

14 

Kattegat-Skagerrak (m  a), North  Sea (IV),  Eastern Channel  (VH d) and 
West  Scotland  (VI) 

stocks 

demersal 

flatfish 

shrimps 

phase 1 
(1997 -  1999) 

phase II 
(2000  -  2002) 

total  for  the  seriod 

30% 

20% 

15% 

20% 

10% 

10% 

15% 

20% 

I 40% 

30% 

30% 

40% 

i  '•  '  ' i t-

Southern  plateau, (Vit  except VII  a,  d, VIII a,  h) 

stocks 

j 
|  demersal 
S flatfish 

pelagic  except  for 
anchovy  and tuna 

Irish  Sea (VII a) 

1 ' 
stocks 

, 

L^ 

, 

U - J— 

phase 1 
(1997  -  1999) 

phase II 
(2000  -  2002) 

total  for  the  period 

30% 

20% 

20% 

10% 

10% 

20% 

40% 

30% 

40% 

i 

1 

i 

'•' 

phase 1 
(1997 -  1999) 

phase II 
(2000  - 2002) 

total  fpr  the peripd 

|  all  stocks 

30% 

10% 

40% 

Off  the  Spanish  and  Portuguese  coasts (VIII  c,  and IX a) 

stocks 

phase 1 
(1997 -  1999) 

phase II 
(2000 - 2002) 

tptal  for  the period 

swprdfish,hake  and 
monkfish 

sardine 

deep water species 

30% 

30% 

40% 

40% 

0% 

10% 

10% 

15 

Mediterranean 

stocks 

small  pelagics 

demersal 

swordfish 

red  tuna 

NAFO, NEAFC 

phase 1 
(1997  - 1999) 

phase II 
(2000 - 2002) 

total  for the period 

0% 

20% 

20% 

20% 
-> 

0% 

10% 

10% 

10% 

0% 

30% 

30% 

30% 

stocks 

phase 1 
(1997 - 1999) 

phase II 
(2000 - 2002) 

total  for the period 

all  except  pelagic 

30% 

10% 

40% 

Tropical  tuna 

stocks 

phase 1 
(1997 - 1999) 

phase II 
(2000 - 2002) 

total  for the period 

tropical  tuna 

0% 

0% 

0% 

16 

ISSN 0254-1475 

COM(96) 237 final 

DOCUMENTS 

EN 

03 

Catalogue number  :  CB-CO-96-259-EN-C 

ISBN 92-78-05136-5 

Office for Official Publications of the European Communities 

L-2985 Luxembourg 

17