Proposal for a COUNCIL REGULATION (EC) introducing arrangements for the management of fishing effort in the Baltic Sea
Date: 1996-10-11
Institutions: European Commission
Subjects: Baltic Sea, common fisheries policy, data collection, fishery management, fishing permit

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels, 11.10.1996 
COM(96) 489 final 

96/0244  (CNS) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

introducing arrangements for the management of fkhiag  effort 

in the Baltic Sen 

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

Under  the  Act  of  Accession  of Austria, Finland  and  Sweden, provision  is made  for  the 

arrangements  governing access to waters specified  in the Act to continue to apply during 

a  transitional  period  ending  on  the  date  of  implementation  of  the  Community  fishing 

permit  system  and not  later than 31 December 2002. 

The implementation  of the Community  arrangements under Council Regulation (EC) No 
1627/94 on special fishing permits1 implies that the Council will determine the conditions 

for  access to  waters and  decide  on the application  of those arrangements  in  accordance 

with  Article  4  of  Council  Regulation  (EEC)  No  3760/92  of  20  December  1992 
establishing  a Community  system  for fisheries and aquaculture2. 

In order to integrate Sweden and Finland gradually into the common fisheries policy, the 

Commission  is  providing  first  for  the  termination  of  the  transitional  arrangements 

governing access to the waters of the Baltic Sea by establishing arrangements for  fishing 

effort  in the areas of the Baltic Sea falling under the sovereignty or within the jurisdiction 

of the  Member  States. 

These  arrangements  provide  for  the  a posteriori  monitoring  by  Member  States  of  the 

fishing effort  deployed by Community vessels in the fisheries concerned, mainly through 

the  defining  of fisheries in the Baltic  Sea, 

the  preparation  by  the  Member  States  of  lists  of  named  vessels  flying  their 

respective  flags  and  authorized  to enter the fisheries; 

O J N oL  171,  6.  7.1994,  p. 7. 
OJNo  L 389,  31.12.1992, p.  1. 

the issue  of  special fishing permits by the Member  States to vessels flying their 

flag  authorized  to fish in those  fisheries; 

the  amendment  of  Council  Regulation  (EEC)  No  2847/93  of  12  October  1993 
establishing  a control  system  applicable to the CFP3, in particular  as regards the 

recording of data on fishing effort  in the logbook, the procedures for  sending the 

lists of named vessels to the Commission, the collection of data on  fishing  effort 

by the Member  States and the forwarding  of the assembled data on fishing  effort 

to the  Commission. 

This proposal lays down the procedure for the introduction of these arrangements. 

3  OJ No L 261, 20.10.1993, p. 1. 

Proposai  for  a 

COUNCIL REGULATION (EC) 
introducing  arrangements  for  the  management of  flihing  effort 
in  the Baltic Sea 

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  Commission1, 

Having regard  to the opinion  of the European  Parliament2, 

Having regard  to the opinion of the Economic  and  Social  Committee3, 

Whereas,  under  the  terms  of  the  Act  of  Accession  of  Austria,  Finland  and  Sweden, 

transitional  arrangements  governing  access to waters  are to  apply  until the  Community 

system  of  special fishing permits is  introduced; 

Whereas  these  arrangements  imply  that  Community  measures  will  be  adopted  laying 

down  the  conditions  of  access  to  waters  and  resources  and  for  the  pursuit  of  fishing 

activities; 

Whereas data need to be collected on the fishing effort  deployed by Community  vessels 

in the fisheries to which the arrangements apply in order to obtain a clearer understanding 

of the exploitation  of those fisheries; 

4-

Whereas it is the responsibility  of the flag  Member State to introduce arrangements for 

monitoring  fishing  effort;  whereas  it is  necessary  therefore  to ensure the transparency 

and fairness of the management and control procedures; 

Whereas the monitoring of fishing effort  in the Baltic Sea will not prejudice the setting 

by the Council of levels for fishing effort in accordance with the procedure laid down in 

Article 8 of Regulation (EEC) No 3760/92 in particular to take account of the condition 

of resources in that area, 

HAS ADOPTED THIS REGULATION: 

Article 1 

This  Regulation  establishes  the  procedure  for  the  introduction  of  a  system  for  the 

management of fishing effort in the IBSFC areas (subdivisions 22 to 32) falling under the 

sovereignty or within the jurisdiction of the Member States. 

The system shall take effect  on  1 January 1998. 

Article 2 

1.  The  Member  States  shall  draw  up  lists  of  named  fishing  vessels  flying  their 

respective flags which are authorized to engage in fishing  activities in the  fisheries 

defined  in the Annex hereto. 

2.  The  Member  States may  include other vessels  on their lists  of  named vessels  at a 

later date, provided there were entitlements to fish at the time that the reference lists 

were established. 

3.  The Member States may at a later date replace the vessels  entered on their lists of 

named vessels. 

Article 3 

Each  Member  State  shall  issue  special  fishing  permits  in  accordance  with  Council 

Regulation (EC) No  1627/94 of 27 June 1994 laying down general provisions concerning 
special fishing permits4 for vessels flying its flag which engage in fishing activities in the 

fisheries  referred to in the Annex. 

Article 4 

1.  Member States shall send the Commission by 30 March 1997 at the latest information 

concerning the lists of named vessels referred to in Article 2. 

2.  Member States shall notify the Commission at regular intervals of any changes to the 

information referred to in paragraph 1. 

3.  The Commission shall forward the information referred to in paragraphs  1 and 2 to 

the Member States. 

Article 5 

The  Council,  where  necessary,  acting  in  accordance  with the  procedure  laid  down  in 

Article 8(4) of Regulation (EEC) No 3760/92 may set levels for fishing effort taking into 

account  in particular  the  condition  of  stocks  in the fisheries referred  to  in the  Annex 

hereto. 

OJNoL  171, 6.7.1994, p. 7. 

Article 6 

1.  Member States shall take steps to ensure a posteriori monitoring of the fishing effort 

deployed by vessels flying  their flag  in the fisheries referred to in the Annex. 

2.  Before 31 December 1997, the Council shall take a decision on a proposal submitted 

by  the  Commission,  by  30  June  1997  at  the  latest,  for  amendments  to  Council 

Regulation  (EEC)  No  2847/93  of  12  October  1993  establishing  a  control  system 

applicable to the common fisheries policy and in particular as regards Title Ha on the 

recording of data on fishing effort in the logbook, the procedures for forwarding the 

lists of named vessels to the Commission, the collection of data on fishing effort by 

the Member States and the forwarding of the assembled data on fishing effort to the 

Commission,  in  order  to  ensure  compliance  with  the  arrangements  for  the 

management of fishing effort referred to in this Regulation. 

1.  This  Regulation  shall  apply  to  vessels  of  more  than  15  metres  between 

perpendiculars. 

Article 7 

2.  The fishing effort  of  vessels  below  that  limit  shall  be  assessed  globally  for  each 

fishery. 

Article 8 

This Regulation shall enter into force on the seventh day following its publication in the 

Official  Journal of me Eurojrean Communities. 

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

States. 

Done at Brussels, 

For the Council 

•\ 

ANNEX 

DEFINITION OF FISHERIES 

Fishery 

Gear 

Target  species 

IBSFC areas 

Towed gear 

Demersal  species 

Subdivisions  22-32 
of which: 

Static gear and 
driftnets 

Demersal  species 

Subdivisions 22-32 
of which: 

Pelagic species 
(herring, sprat) 

Subdivisions 22-32 
of which: 

Purse seine 

Pelagic trawl 

Small-meshed 
driftnet 

Longline driftnet 

Salmon, sea trout 

Other gear 

Salmon, sea trout 

Subdivisions 22-32 
of which: 

Subdivisions  22-32 
of which: 

subdivisions  22-24 
subdivisions  25-32 

subdivisions 22-24 
subdivisions  25-32 

subdivisions  22-23 
IBSFC 
Management  Unit 
3* 
subdivisions  22-32 
excl. Man. Unit 3 

subdivisions 24-31 
subdivision 32 

subdivisions 24-31 
subdivision 32 

* As defined in the Convention on fishing and conservation of the living resources in the 
Baltic  Sea and the Belts 

BSN 0254-1475 

COM(96) 489 final 

DOCUMENTS 

EN 

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Catalogue number  :  CB-CO-96-497-EN-C 

ISBN 92-78-09871-X 

Office for Officiai  Publications of the European Communities 

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