Commission Regulation (EC) No 1922/1999 of 8 September 1999 laying down detailed rules for the application of Council Regulation (EC) No 850/98 as regards conditions under which vessels exceeding eight metres length overall shall be permitted to use beam trawls within certain waters of the Community
Date: 1999-09-08
Institutions: European Commission
Subjects: fishing area, fishing permit, fishing regulations, fishing vessel, weights and measures

L 238/8

EN

Official Journal of the European Communities

9. 9. 1999

COMMISSION REGULATION (EC) No 1922/1999

of 8 September 1999

laying down detailed rules for the application of Council Regulation (EC) No 850/98 as regards
conditions under which vessels exceeding eight metres length overall shall be permitted to use
beam trawls within certain waters of the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

amended

(8) Whereas Commission Regulation (EEC) No 55/87 (3), as
last
and
Commission Regulation (EEC) No 3554/90 (5),
as
amended by Regulation (EC) No 3407/93 (6), should
accordingly be repealed;

by Decision 1999/202/EC (4),

Having regard to Council Regulation (EC) No 850/98 of 30
March 1998 for the conservation of fishery resources through
technical measures for the protection of juveniles of marine
organisms (1),
amended by Regulation (EC) No
1459/1999 (2), and in particular Article 29(6) thereof,

last

as

(1) Whereas Article 29(2)(a) of Regulation (EC) No 850/98
provides for the establishment of a category of beam
trawlers exceeding eight metres length overall authorised
to fish inside the zones mentioned in paragraph 1 of the
said Article 29 using beam trawls of which the aggregate
beam length does not exceed nine metres;

(2) Whereas this category of beam trawlers is to consist of
those beam trawlers which, at the date from which the
provisions of this Regulation apply, comply with the
criteria set out in Article 29(2)(a) and (c) of Regulation
(EC) No 850/98, and with the technical requirements for
access to the said zones as determined by the legislation
of their flag Member State;

(3) Whereas Article 29(3) of Regulation (EC) No 850/98
provides for the establishment of a category of beam
trawlers exceeding eight metres length overall authorised
to operate with a mesh size between 80 and 99 milli-
metres using beam trawls of which the aggregate beam
length exceeds nine metres;

(4) Whereas this category of beam trawlers is to consist of
those beam trawlers which belong to the category of
beam trawlers provided for in Article 29(2)(a) of Regula-
tion (EC) No 850/98, and for which the primary activity
is fishing for common shrimp;

(5) Whereas it is necessary to define the criteria for deter-
mining whether the primary activity of a beam trawler is
fishing for common shrimp;

(6) Whereas it is therefore necessary to lay down detailed
rules for the procedures governing the establishment and
modification of lists of vessels belonging to the above-
mentioned categories;

(7) Whereas it is necessary that the effectiveness of the
conditions defined in this Regulation be scientifically
evaluated on a regular basis;

(1) OJ L 125, 27.4.1998, p. 1.
(2) OJ L 168, 3.7.1999, p. 1.

(9) Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management
Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1

1.
Each Member State shall ensure that the total engine
power in evidence for its fishing vessels authorised by virtue of
Article 29(2)(a), (b) and (c) of Regulation (EC) No 850/98 to
use beam trawls inside the area referred to in Article 29(1) of
that Regulation does not exceed at any time the limit for that
Member State as given in the Annex to this Regulation.

Each Member State shall

indicate definitively to the
2.
Commission before 1 February 2001 the limit on the total
engine power as referred to in paragraph 1 for vessels which
actually existed on 1 January 2001.

The Commission shall examine the information provided by
the Member State, check whether it is in accordance with the
information contained in the Commission's own database, and
inform the Member State of its finding within a period not
exceeding 10 working days.

TITLE I

Conditions for fishing with beam trawls of aggregate
beam length not exceeding nine meters

Article 2

Each Member State shall establish a list indicating the fishing
vessels which:
— are authorised to use beam trawls in the area referred to in
Article 29(1) of Regulation (EC) No 850/98 at midnight on
31 December 1999, and

— comply with technical requirements determined by the
legislation of the Member State whose flag they fly and in
which they are registered for fishing with beam trawls in
that area.

(3) OJ L 8, 10.1.1987, p. 1.
(4) OJ L 70, 17.3.1999, p. 20.
(5) OJ L 346, 11.12.1990, p. 11.
(6) OJ L 310, 14.12.1993, p. 19.

9. 9. 1999

EN

Official Journal of the European Communities

L 238/9

Article 3

The list shall indicate those fishing vessels to which a special
fishing permit has been issued under Article 29(2)(a) of Regula-
tion (EC) No 850/98. This list shall be drawn up in conformity
with Articles 2 and 3 of Commission Regulation (EC) No
2943/95 (1). The definitive list
shall be provided to the
Commission no later than 1 March 2000. It shall indicate in
particular for each fishing vessel
its Fleet Register internal
number and international radio call sign.

sales generated by the fishing vessel, constitutes 50 % or
more of its earnings, or

— the fishing vessel's total landings include 50 % or more by

weight of common shrimp.

However, when establishing the list that shall apply for the year
2000, each Member State may include vessels on the basis of
the relevant data for both 1998 and 1999.

Article 4

Article 6

1. When a fishing vessel on a list is replaced by another
fishing vessel or fishing vessels under Article 29(2)(d) of Regu-
lation (EC) No 850/98:

— the special fishing permit issued to the fishing vessel that is
to be replaced shall be withdrawn without delay by the
Member State, and

— a new special fishing permit or permits shall be issued by
the Member State to the replacement
fishing vessel or
fishing vessels before this fishing vessel or these fishing
vessels deploy any beam trawl inside the area referred to in
Article 29(1) of Regulation (EC) No 850/98.

2. When an engine of a fishing vessel
Article 29(2)(e) of Regulation (EC) No 850/98:

is replaced under

— the special fishing permit issued to the fishing vessel that is
having its engine replaced shall be withdrawn by the
Member State immediately this replacement is completed,
and

— a new special fishing permit shall be issued by the Member
State to this fishing vessel after its engine has been replaced
and before this fishing vessel deploys any beam trawl inside
the area referred to in Article 29(1) of Regulation (EC) No
850/98.

TITLE II

Conditions for fishing with beam trawls of aggregate
beam length exceeding nine metres when operating with
gear having a mesh size between 80 and 99 millimetres

The list shall indicate those fishing vessels to which an addi-
tional special
fishing permit has been issued under Article
29(3) of Regulation (EC) No 850/98. This list shall be drawn
up in conformity with Articles 2 and 3 of Regulation (EC) No
2943/95. The definitive list for the year 2000 shall be provided
to the Commission no later than 1 March 2000.
It shall
indicate in particular for each fishing vessel its Fleet Register
internal number and international radio call sign.

Article 7

1.
The annual review of an additional special fishing permit
as referred to in Article 29(3) of Regulation (EC) No 850/98
shall be concluded by the Member State concerned before April
15. By means of this review the Member State shall verify
whether the fishing vessel to which such an additional permit
has been issued still complies with the criteria specified in
Article 29(3) of Regulation (EC) No 850/98 and Article 5 of
this Regulation. Any fishing vessel which on the basis of this
review is found not to comply with those criteria shall have its
additional special fishing permit permanently withdrawn no
later than 1 May of the same year, with the exception of fishing
vessels which are not complying for reasons of force majeure.

2.
Any fishing vessel which is found by the competent
authorities at any time not to comply with the criteria specified
in Article 29(3) of Regulation (EC) No 850/98 and Article 5 of
this Regulation shall have its additional special fishing permit
permanently withdrawn by the flag Member State without
delay.

Article 8

Article 5

Each Member State shall establish every year a list indicating
those fishing vessels included in the list referred to in Article 2
whose primary activity is fishing for common shrimp. For each
such fishing vessel, the criteria for inclusion in this list shall be
that during the calendar year prior to the year in which the list
is to be established:

— the fishing vessel's income from the sale of common
shrimp, calculated as a proportion of the total first-hand

(1) OJ L 308, 21.12.1995, p. 15.

When a fishing vessel or fishing vessels on a list as referred to
in Article 5 are replaced by another fishing vessel under Article
29(3) of Regulation (EC) No 850/98:

— the additional special fishing permit or permits issued to
the fishing vessel or fishing vessels that are to be replaced
shall be withdrawn by the Member State immediately this
replacement is completed, and

— a new additional special fishing permit shall be issued by
the Member State to the replacement fishing vessel before
this fishing vessel deploys any beam trawl inside the area
referred to in Article 29(1) of Regulation (EC) No 850/98.

L 238/10

EN

Official Journal of the European Communities

9. 9. 1999

TITLE III

General and final provisions

Article 9

1. Member States shall notify the Commission of any
change in any of their lists. Member States shall specifically
indicate the fishing vessels that are being added to or with-
drawn from the list, and also any special fishing permit or
additional special fishing permit that is withdrawn or any new
special fishing permit or new additional special fishing permit
that is issued.

2. When a list has been approved by the Commission in
conformity with Article 7 of Council Regulation (EC) No
1627/94 (1), the Member State shall provide this list to all other
Member States mentioned in the Annex to this Regulation
without delay. In addition, a Member State shall without delay
notify those Member States of any change in any of its lists.

Article 10

Member States shall collaborate to provide annually a scientific
evaluation of the effects of the conditions defined in this Regu-
lation. As of the year 2001, this evaluation shall be made
available to the Commission each year.

Article 11

Regulations (EEC) No 55/87 and (EEC) No 3554/90 shall be
repealed.

Article 12

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

It shall apply from 1 April 2000, with the exception of Articles
1, 2, 3, 5 and 6 which shall apply from 1 January 2000.

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

Done at Brussels, 8 September 1999.

For the Commission

Franz FISCHLER

Member of the Commission

Maximum total engine power of fishing vessels authorised by virtue of Article 29(2)(a), (b) and (c) of Regulation (EC) No
850/98 to use beam trawls inside the area referred to in Article 29(1) of that Regulation.

ANNEX

Belgium
Denmark
Germany
France
Netherlands
United Kingdom

16 931 kW
5 556 kW
53 552 kW
564 kW
51 487 kW
5 705 kW.

(1) OJ L 171, 6.7.1994, p. 7.