Proposal for a Council Regulation establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks
Date: 2002-03-01
Institutions: European Commission
Subjects: catch quota, conservation of fish stocks, fishery management, fishery product, fishery resources, fishing controls, fishing regulations, sea-bed, sustainable development

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Official Journal of the European Communities

25.6.2002

Proposal

for a Council Regulation establishing specific access requirements and associated

conditions applicable to fishing for deep-sea stocks

(2002/C 151 E/08)

COM(2002) 108 final — 2002/0053(CNS)

(Submitted by the Commission on 1 March 2002)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) Regulation (EEC) No 3760/92 requires the Council

to
in the light of the available scientific advice and,
adopt,
the report prepared by the Scientific,
in particular, of
Technical and Economic Committee for Fisheries,
the
measures necessary to ensure the rational and responsible
exploitation of resources on a sustainable basis, and the
conditions of access to resources.

(2) Scientific advice concerning certain stocks of fish found in
the deep sea indicates that these stocks are vulnerable to
exploitation, and that fishing opportunities for these stocks
should be limited or reduced in order to assure their
sustainability.

(3) Scientific advice further

indicates that management of
fishing effort is an appropriate method for securing the
precautionary management of the stocks in the deep sea.

(4) It is therefore appropriate to provide for the issuing of a
special fishing permit to vessels fishing for deep sea species
and to limit the fishing effort for those fish stocks to recent
levels.

(5) Accurate

information about

a
prerequisite for provision of high quality scientific advice,
and such information can best be collected by trained and
independent scientific observers.

fishing operations

is

(6) Appropriate

information for

about
fisheries should be made available to the relevant scientific
and management bodies as soon as possible.

scientific

advice

(7) In order to ensure effective and precautionary management
of fishing effort directed at deep-sea species, it is necessary
to identify the vessels fishing for these species, by means of
special fishing permits issued in accordance with Council
Regulation (EC) No 1627/94 of 27 June 1994 laying down

fishing permits (1)
general provisions concerning special
and Commission Regulation (EC) No 2943/95 of 20
December 1995 setting out detailed rules for applying
Council Regulation (EC) No 1627/94 laying down general
provisions concerning special fishing permits (2).

(8) Control measures additional to those laid down in Council
Regulation (EEC) No 2847/93 of 12 October 1993 estab-
lishing a control system applicable to the common fisheries
policy (3) and in Commission Regulation (EC) No 1489/97
the
of 29 July 1997 laying down detailed rules
application of Council Regulation (EEC) No 2847/93 as
regards satellite-based vessel monitoring systems (4) are
required to ensure compliance with the measures laid
down in this Regulation,

for

HAS ADOPTED THIS REGULATION:

Article 1

Scope

fishing activities in ICES sub-areas I

The present Regulation applies to Community fishing vessels
carrying out
to XIV
inclusive, CECAF area 34.1.2 and Community waters within
CECAF area 34.2 which lead to catches of species listed in
Annex I.

Article 2

Definitions

For the purpose of this Regulation, the following definitions
shall apply:

(a) ‘deep-sea species’: means species included in the list

in

Annex I;

(b) ‘deep-sea fishing permit’: means a special fishing permit for
deep-sea species issued in accordance with Article 7 of
Regulation (EC) No 1627/94;

(c) ‘power’: means the total installed engine power of vessels in
kilowatt, measured in accordance with Council Regulation
(EEC) No 2930/86 (5);

(d) ‘capacity’: means gross tonnage, measured in accordance

with Regulation (EEC) No 2930/86;

(1) OJ L 171, 6.7.1994, p. 7.
(2) OJ L 308, 21.12.1995, p. 15.
(3) OJ L 261, 20.10.1993, p. 1; Regulation as last amended by
Commission Regulation (EC) No 1965/2001 (OJ L 268, 9.10.2001,
p. 23).

(4) OJ L 202, 30.7.1997, p. 18.
(5) OJ L 274, 25.9.1986, p. 1.

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(e) ‘Kilowatt-fishing days’: means the product of the power as
defined in (c) and the number of days in which a fishing
vessel has any item of fishing gear deployed in the water.

Article 3

Deep-sea fishing permit

1. Member States shall ensure that fishing activities which
lead to catches of deep-sea species by vessels flying their flag or
registered in their territory shall be subject to a deep-sea fishing
permit.

2.
It shall be prohibited to catch, retain on board, tranship
or to land any aggregate quantity of the deep-sea species other
than ling or tusk in excess of 50 kg, or any aggregate quantity
of ling and tusk in excess of 1 tonne, unless the vessel
in
question holds a deep-sea fishing permit.

Article 4

Effort restriction

1. Member States shall calculate the aggregate power and
the aggregate capacity of its vessels which, in any one of the
years 1998, 1999 or 2000, have landed more than 10 tonnes
of any mixture of the deep-sea species with the exception of
ling and tusk, or more than 100 tonnes of any mixture of ling
and tusk.

aggregate

These
Commission.

values

shall be

communicated to the

Upon written request by the Commission, Member States shall
provide within thirty days, documentation of the catch records
made by vessels to which deep-sea fishing permits have been
granted.

Each Member State can only issue deep-sea fishing

2.
permits to its vessels if:

(a) the aggregate power of those vessels does not exceed the
aggregate power determined in accordance with paragraph
1, and/or

(b) the aggregate capacity of those vessels does not exceed the
accordance with
determined

capacity

in

aggregate
paragraph 1.

Article 5

Reporting of fishing gear characteristics and fishing
operations

In addition to his obligations under Article 6 of Regulation
(EEC) No 2847/93, the master of a Community fishing vessel
holding a deep-sea fishing permit shall record in the logbook
the information listed in Annex II.

Article 6

Vessel monitoring system

1.
By derogation from Article 6(2) of Regulation (EC) No
1489/97 (1), in the event of technical failure or non-function of
the satellite tracking device fitted on board a fishing vessel, the
master of the vessel shall stop fishing activities without delay
the designated ports
and steam directly to the nearest of

referred to in Article 7 and shall have the device repaired or
replaced.

2.
The vessel cannot leave the designated port until the
satellite tracking device is functioning to the satisfaction of
the competent authorities.

3.
The flag Member State shall withdraw the deep-sea
fishing permit of a vessel which does not comply with its
obligations under paragraphs 1 and 2.

Article 7

Designated ports

1.
It shall be prohibited to land any quantity of any mixture
of deep-sea species other than ling and tusk in excess of 50 kg
or any aggregate quantity of ling and tusk in excess of 1 tonne
at any place other than the ports which have been designated
for landing deep-sea species.

2.
Each Member State shall designate ports into which any
landing of deep-sea species other than ling and tusk in excess
of 50 kg and any landing of any mixture of ling and tusk in
excess of 1 tonne shall take place and shall determine the
associated inspection and surveillance procedures,
including
the terms and conditions for recording and reporting the
quantities of deep-sea species within each landing.

3.
Each Member State shall transmit to the Commission
within fifteen days of the date of entry into force of this
Regulation a list of designated ports and, within thirty days
thereafter,
surveillance
procedures referred to in paragraph 2.

inspection

associated

and

the

The Commission shall transmit this information to all other
Member States.

Article 8

Observers

1.
Each Member State shall assign scientific observers to the
fishing vessels for which a deep-sea fishing permit has been
issued in accordance with a sampling plan as provided for in
paragraph 2.

Each Member State shall prepare a sampling plan for the
2.
deployment of observers
shall ensure collection of
that
representative data that are adequate for the assessment and
management of the deep-sea fish stocks.

The sampling plan shall be approved by the Commission on
the basis of a scientific and statistical evaluation.

3.

The scientific observer shall:

(a) record independently in a logbook the information referred

to in Article 5;

(b) present a report

to the competent authorities of

the
Member State concerned within twenty days following
the termination of the observation period. A copy of this
report shall be sent to the Commission, within thirty days
after receipt of a written request;

(1) OJ L 202, 30.7.1997, p. 18.

(c) perform additional duties as required in the sampling plan.

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4.

The scientific observer shall not be any of the following:

(a) a relative of the master of the vessel or other officer serving

on the vessel to which the observer is assigned;

(b) an employee of the master of the vessel to which he is

assigned;

(c) an employee of the master's representative;

(d) an employee of a company controlled by the master or his

representative;

(e) a relative of the master's representative.

Article 9

Scientific information

In addition to the obligations laid down in Articles 15 and 19i
of Regulation (EEC) No 2847/93, Member States, on the basis
of the information recorded in logbooks and reports presented
by the scientific observers, shall communicate for each half

calendar year within three months of the expiry of that half
calendar year to the Commission the information about catches
of deep-sea species and fishing effort deployed, expressed as
kilowatt-fishing days, broken down by quarter of the year, by
type of gear, by species and by ICES statistical rectangle or
CECAF subdivision.

The Commission shall transmit this information to the relevant
scientific bodies without delay.

Article 10

Entry into force

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

Article 9 shall apply from 1 January 2003.

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

ANNEX I

LIST OF DEEP-SEA SPECIES

Scientific name

Common name

Aphanopus carbo

Apristuris spp

Argentina silus

Beryx spp.

Brosme brosme

Centrophorus granulosus

Centrophorus squamosus

Centroscyllium fabricii

Centroscymnus coelolepis

Coryphaenoides rupestris

Dalatias licha

Deania calceus

Etmopterus princeps

Etmopterus spinax

Galeus melastomus

Galeus murinus

Hoplostethus atlanticus

Molva dypterygia

Molva molva

Pagellus bogaraveo

Phycis spp.

Black scabbardfish

Iceland catshark

Greater silver smelt

Alfonsinos

Tusk

Gulper shark

Leafscale gulper shark

Black dogfish

Portuguese dogfish

Roundnose grenadier

Kitefin shark

Birdbeak dogfish

Greater lanternshark

Velvet belly

Blackmouth dogfish

Mouse catshark

Orange roughy

Blue ling

Ling

Red Seabream

Forkbeards

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INFORMATION CONCERNING FISHING GEAR CHARACTERISTICS TO BE RECORDED IN THE LOGBOOK

ANNEX II

1. For vessels using long-lines:

— the average number of hooks used on the long-lines,

— the number of long-lines shot in the sea,

— the total time the lines have been in the sea during the day.

2. For vessels using fixed nets:

— the mesh size used in the nets,

— the average length of the nets,

— the average height of the nets,

— the number of nets shot in the sea,

— the total time the nets have been in the sea during the day.

3. For vessels using towed gears:

— the size of the smallest mesh used in the nets,

— the total time the towed gear has been in the sea during the day.