Proposal for a Council Regulation on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy
Date: 2002-05-28
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, exploitation of resources, fishery management, fishing controls

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Official Journal of the European Communities

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Proposal for a Council Regulation on the conservation and sustainable exploitation of fisheries
resources under the common fisheries policy

(2002/C 203 E/38)

(Text with EEA relevance)

COM(2002) 185 final — 2002/0114(CNS)

(Submitted by the Commission on 29 May 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) Council Regulation (EEC) No 3760/92 of 20 December
1992 established a Community system for fisheries and
aquaculture (1). According to that Regulation, the Council
adjustments by
has
31 December 2002.

to decide on any necessary

(2) Given that many fish stocks continue to decline,

the
common fisheries policy must be improved to ensure
the long-term viability of
the fisheries sector through
sustainable exploitation of living aquatic resources based
on sound scientific advice and on the precautionary
principle.

(3) The objective of

the common fisheries policy should
therefore be to provide for sustainable exploitation of
living aquatic
in the
context of sustainable development,
taking account of
the environmental, economic and social aspects in a
balanced manner.

resources and of aquaculture

(4) It

that

is important

the management of

the common
fisheries policy is guided by the principle of good
the measures taken are mutually
governance and that
compatible and consistent with other Community policies.

(5) The objective of sustainable exploitation will be more
effectively achieved through a multi-annual approach to
fisheries
multi-annual
management plans for stocks; for stocks considered to

management,

involving

(1) OJ L 389, 31.12.1992, p. 1.

be outside safe biological limits, the adoption of a multi-
annual management plan is an absolute priority. In line
with scientific advice, substantial reductions in fishing
efforts may be required for these stocks.

for

exploitation of

(6) These multi-annual management plans should establish
targets
sustainable
stocks
the
laying down the
concerned, contain harvesting rules
manner in which annual catch and fishing effort limits
are to be calculated and provide for other
specific
management measures, taking account also of the effect
on other species.

(7) Sustainable exploitation of stocks for which no multi-
annual management plan has been established should be
ensured by setting catch and/or effort limits.

(8) Provision should be made for the adoption of emergency
measures by the Member States or by the Commission in
to the conservation of
the event of a serious threat
resources, or to the ecosystem resulting from fishing
activities, and requiring immediate action.

(9) In their 12 nautical mile zone, Member States should be
allowed to adopt conservation and management measures
applicable to all fishing vessels, provided that, where such
measures apply to fishing vessels from other Member
States, the measures adopted are non-discriminatory and
the
prior
Community has not
specifically
addressing conservation and management within this area.

adopted measures

consultation has

taken place,

and that

(10) The Community fleet should be reduced to bring it into
line with available resources and specific measures should
be set up in order to attain that objective, including the
fixing of reference levels for fishing capacity which may
not be exceeded, a special Community facility to promote
scrapping of
entry/exit
schemes.

fishing vessels and national

(11) Each Member State should maintain a national register of
fishing vessels which should be made available to the
Commission for the purposes of monitoring the size of
the Member States' fleets.

(12) Rules in place since 1983 restricting access to resources
within the 12 nautical mile zones of Member States have
operated satisfactorily and should continue to apply on a
permanent basis.

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(13) Although

other

access

in
contained
Community legislation should be maintained for
the
time being they should be reviewed in order to evaluate
whether they are necessary to ensure sustainable fisheries.

restrictions

the

and

(14) In view of the precarious economic state of the fishing
coastal
dependence
industry
communities on fishing, it is necessary to ensure relative
stability of fishing activities by the allocation of fishing
opportunities between the Member States, based upon a
predictable share of the stocks for each Member State.

certain

of

(15) In order

to ensure effective implementation of

the
the Community control and
common fisheries policy,
enforcement system for fisheries should be reinforced
and the division of responsibilities between the Member
States' authorities and the Commission should be further
clarified. To this end it is appropriate to insert in this
control,
Regulation the main provisions
inspection and enforcement of the rules of the common
fisheries policy, part of which are already contained in
Regulation (EEC) No 2847/93 of 12 October 1993 estab-
system applicable to the common
lishing a control
fisheries policy. That Regulation has to remain in force
until all
the necessary implementing rules have been
adopted.

governing

Moreover there is a need to ensure that such serious
infringements are sanctioned with the same effectiveness
by all Member States.

(19) The Commission should be able to take immediate
measures to prevent any failure to comply with the
rules of the common fisheries policy from resulting in
damage to living aquatic resources.

(20) The Commission should be provided with appropriate
its obligation to control and
the common fisheries

to carry out
powers
evaluate the implementation of
policy by the Member States.

in order

relevant authorities

(21) It is necessary to intensify cooperation and coordination
to achieve
between all
the common fisheries
compliance with the rules of
in particular through the exchange of national
policy,
inspectors, by requiring Member States to give the same
value to inspection reports drawn up by Community
another Member State or
inspectors,
Commission inspectors
to their own inspection
reports for the purpose of establishing the facts.

inspectors of

as

(16) Provisions on control,

inspection and enforcement
concern, on the one hand, obligations for the masters
of fishing vessels and operators in the marketing chain
and, on the other hand, spell out the different responsi-
bilities for the Member States and the Commission.

(17) The Community should be able to seek reparation in the
form of quota deductions from Member States when the
rules of the common fisheries policy have been violated
resulting in losses to the common resource. Where such a
quota deduction is not possible, the compensation may
take the form of a quota equivalent value. Where it is
established that another Member State has
suffered
prejudice as a result of the violation of the rules, part
or all of
the reparation or compensation should be
allocated to that Member State.

to prevent

(18) Member States should be obliged to adopt

immediate
measures
serious
infringements as defined in Council Regulation (EC)
1447/1999 of 24 June 1999 establishing a list of types
of behaviour which seriously infringe the rules of the
common fisheries policy (1) detected in flagrante delicto.

continuation of

the

(22) A simplified procedure should be introduced for the
implementation of measures adopted in the context of
international agreements which become binding on the
Community if it does not object.

(23) Since the measures necessary for the implementation of
this Regulation are management measures or measures of
general scope within the meaning of Article 2 of Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
conferred on the Commission (2) they should be adopted
by use of the management procedure provided for in
Article 4 or the regulatory procedure provided for in
Article 5 of that Decision.

the exercise of

for

(24) To contribute to the achievement of the objectives of the
common fisheries policy,
advisory councils
should be established to enable the common fisheries
policy to benefit from the knowledge and experience of
stakeholders and to take
the diverse
into account
conditions throughout Community waters.

regional

(25) To ensure that the common fisheries policy benefits from
the
assisted by an appropriate

technical and economic advice,

the best scientific,
Commission should be
committee.

(1) OJ L 167, 2.7.1999, p. 5.

(2) OJ L 184, 17.7.1999, p. 23.

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(26) In accordance with the principle of proportionality, it is
necessary and appropriate for the achievement of
the
basic objective of the sustainable exploitation of living
aquatic resources to lay down rules on the conservation
and exploitation of those resources. This Regulation does
not go beyond what is necessary in order to achieve the
objectives pursued in accordance with the third paragraph
of Article 5 of the Treaty.

(27) By reason of

the number and importance of

the
amendments
to be made Council Regulation (EEC)
No 3760/92 should be repealed. Council Regulation
(EEC) No 101/76 of 19 January 1976 laying down a
the fishing industry (1)
common structural policy for
being voided from all substantial provisions should also
be repealed,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND OBJECTIVES

Article 1

Scope

The common fisheries policy shall cover conservation and
exploitation activities involving living aquatic resources, and
aquaculture, and the processing and marketing of fishery and
aquaculture products where such activities are practised on the
territory of Member States or in Community waters or by
Community fishing vessels or nationals of Member States.

concerning the

coherent measures

Within this scope, the common fisheries policy shall provide
for
conservation and
management of living aquatic resources and limitation of the
environmental impact of fishing, conditions of access to waters
and resources, structural policy and the management of the
capacity of the fleet, control and enforcement, aquaculture,
and international
common organisation of
relations.

the markets,

Article 2

Objectives

1.
The common fisheries policy shall ensure exploitation of
living aquatic resources that provides sustainable environ-
mental, economic and social conditions.

For this purpose, the Community shall apply the precautionary
principle in taking measures designed to protect and conserve
living aquatic resources, to provide for their sustainable exploi-

of

an

eco-system-based

fishing activities on
tation and to minimise the impact of
marine eco-systems. It shall aim at a progressive implemen-
fisheries
tation
management.
fishing
activities within an economically viable and competitive
fisheries and aquaculture industry, providing a fair standard
of
living for those who depend on fishing activities and
taking account of the interest of consumers.

It shall aim to contribute to efficient

approach

to

The common fisheries policy shall be guided by the

2.
following principles of good governance:

(a) a clear definition of responsibilities at

the Community,

national and local levels;

(b) a decision-making process based on sound scientific advice

and delivering timely results;

(c) broad involvement of stakeholders at all stages of

the

policy from conception to implementation;

(d) coherence with other Community policies,

in particular
with environmental, social, regional, development, health
and consumer protection policies.

Article 3

Definitions

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

(a)

‘Community waters’ means the waters under the sover-
eignty or jurisdiction of the Member States;

(b)

(c)

(d)

‘fishing vessel’ means any vessel equipped for and licensed
to carry out commercial exploitation of
living aquatic
resources including exploratory or experimental fishing;

‘Community fishing vessel’ means a fishing vessel flying
the flag of a Member State and registered in the
Community;

‘sustainable exploitation’ means the exploitation of a stock
in such a way that it is unlikely that future benefits from
the stock will be prejudiced and that it does not have
negative impacts on the marine eco-systems;

(e)

‘fishing mortality rate’ means the catches of a stock over a
given period as a proportion of the average stock available
to the fishery in that period;

(1) OJ L 20, 28.1.1976, p. 19.

(f)

‘stock’ means a living aquatic resource that occurs in a
given management area;

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(g)

‘fishing effort’ means the product of the capacity and the
activity of a fishing vessel; for a group of vessels it is the
sum of fishing effort exerted by each vessel of the group;

CHAPTER II

CONSERVATION AND SUSTAINABILITY

(h)

‘safe biological limits’ means indicators of a state of a stock
or of its exploitation above which there is a low risk of
transgressing certain limit reference points;

(i)

(j)

‘reference points’ means estimated values derived through
an agreed scientific procedure, which correspond to the
state of the resource and of the fishery and which can
be used as a guide for fisheries management;

‘precautionary approach to fisheries management’ means
management action based on the principle that absence of
adequate scientific information should not be used as a
reason for postponing or failing to take measures to
conserve target species, associated or dependent species
and non-target species and their environment.

(k) conservation reference points set boundaries which are
intended to constrain harvesting within safe biological
limits.

Article 4

Types of measures

1.
To achieve the objectives mentioned in Article 2, the
Council shall establish Community measures governing access
to waters and resources and the sustainable pursuit of fishing
activities.

The measures referred to in paragraph 1 shall be drawn
2.
up on the basis of the available scientific and technical advice
and in particular of the reports drawn up by the Committee
established under Article 34. They may, in particular, include
measures for each stock to limit fishing mortality and the
environmental impact of fishing activities by:

(a) adopting multi-annual management plans under Article 5;

(b) establishing targets

for

the sustainable exploitation of

stocks;

(c)

limiting catches;

(l)

‘catch limit’ means a quantitative limit on landings of a
stock or group of stocks in a given period of time;

(d) fixing the number and type of fishing vessels authorised to

fish;

(m) ‘fishing capacity’ means a vessel's tonnage in GT and its
power in kW, as defined in Council Regulation (EC)
No 2930/86. For
fishing activity,
capacity may be defined in terms of the amount and/or
the size of a vessel's fishing gear;

certain types of

(e)

limiting fishing effort;

(f) adopting technical measures, including

(n)

‘exit from the fleet’ means the removal of a vessel from the
fishing fleet register of a Member State. As long as a vessel
continues to fly the flag of a Member State, it shall not be
considered as an exit from the fleet;

(i) measures regarding the structure of fishing gears, their
methods of use and the composition of catches that
may be retained on board when fishing with such
gears;

(o)

‘entry into the fleet’ means the registration in the fishing
fleet register of a Member State of a vessel which has a
licence to fish for commercial purposes;

(p)

‘fishing opportunity’ means a quantified legal entitlement
to fish;

(q)

‘Community fishing opportunity’ means the fishing oppor-
tunities available to the Community in Community waters,
plus the total Community fishing opportunities outside the
Community waters,
less the Community fishing oppor-
tunities allocated to third countries.

(ii) zones and/or periods in which fishing activities are

prohibited or restricted;

(iii) minimum size of individuals that may be retained on

board and/or landed;

(iv) specific measures to reduce the impact of

activities on marine
species;

eco-systems

fishing
and non-target

(g) establishing incentives,

including those of an economic

nature, to promote more selective fishing.

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Article 5

Article 6

Multi-annual management plans

Fixing of catch and fishing effort limits

1.
The Council shall adopt multi-annual management plans
for the sustainable exploitation of stocks, and as a priority, of
stocks which are estimated to be outside safe biological limits.
These plans shall take into account the impact of exploiting
these stocks on other species.

2. Multi-annual management plans shall:

(a)

for stocks outside safe biological limits, ensure their rapid
return within those limits;

(b) for stocks at or within safe biological limits, maintain them

within those limits;

1.
For stocks for which a multi-annual management plan
has been adopted, the Council shall decide on catch and/or
fishing effort limits as well as the conditions associated to
those limits for the first year of fishing under the plan. For
the following years, catch and/or fishing effort limits shall be
decided by the Commission in accordance with Article 31(2),
in accordance with the harvesting rules set out in the multi-
annual management plan.

2.
For stocks not subject to a multi-annual management
plan the Council, acting by qualified majority on a proposal
from the Commission, shall decide on catch and/or fishing
effort limits as well as the conditions associated to those limits.

(c)

in the cases referred to in points (a) and (b) ensure that the
impact of fishing activities on ecosystems is kept at levels
compatible with the sustainability of such ecosystems.

Article 7

Commission emergency measures

3.
The multi-annual plans shall be drawn up on the basis of
the precautionary approach to fisheries management. They
shall be based on conservation reference points recommended
by relevant scientific bodies.

4.
The multi-annual plans shall include targets against which
the recovery of stocks to within safe biological limits or the
maintenance of stocks within such limits shall be assessed. The
targets shall be expressed in terms of

(a) population size and/or

(b) long-term yields, and/or

(c)

fishing mortality rate and/or

(d) stability of catches.

The plans shall specify the priorities for achieving these targets
and shall, where appropriate, include targets relating to other
living aquatic resources and the maintenance or improvement
of the conservation status of ecosystems.

The multi-annual management plans

5.
include
harvesting rules which consist of a predetermined set of
biological parameters to govern catch limits and may include
any measure referred to in Article 4(2)(b)-(g).

shall

1.
In the event of a serious threat to the conservation of
living aquatic resources, or to the ecosystem resulting from
the
fishing
Commission, at the substantiated request of a Member State
or on its own initiative, may decide on emergency measures
which shall last not more than one year.

activities, which requires

immediate

action,

2.
The Member State shall communicate the request referred
to in paragraph 1 at the same time to the Commission and to
the Member States as well as to the Regional Advisory Councils
concerned, which may submit their written comments to the
Commission within five working days of their receipt of the
request.

The Commission shall take a decision on the matter at any
time within 15 working days of its receipt of the substantiated
request.

3.
The emergency measures shall have immediate effect.
They shall be notified to the Member States concerned, and
published in the Official Journal.

The Member States concerned may refer the Commission
4.
decision mentioned in the second subparagraph of paragraph 2
to the Council within 10 working days of their receipt of the
notification referred to in paragraph 3.

The Commission shall report on the effectiveness of the

6.
multi-annual management plan in achieving the targets.

5.
The Council acting by a qualified majority may take a
different decision within 20 working days of the date of receipt
of the referral mentioned in paragraph 4.

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Article 8

Member State emergency measures

2. Measures applying to fishing vessels from other Member
States shall be subject to the procedures laid down in Article
8(3) to (6).

1.
In the event of a serious and unforeseen threat to the
conservation of resources, or to the ecosystem resulting from
fishing activities,
in waters falling under its sovereignty or
jurisdiction where any undue delay would result in damage
that would be difficult to repair, a Member State may take
emergency measures the duration of which shall not exceed
three months.

2. Member States intending to take emergency measures
shall notify the Commission, the Member States as well as
the Regional Advisory Councils concerned of their intention
by sending a draft of
together with an
explanatory memorandum, before adopting them.

those measures,

The Member States as well as Regional Advisory Councils
3.
concerned may submit
to the
Commission within 5 working days of the date of notification.
The Commission shall confirm the measure or require its
cancellation or amendment at any time within 15 working
days of the date of notification.

their written comments

4.
The decision shall be notified to the Member States
concerned. It shall be published in the Official Journal of the
European Communities.

5.
The Member States concerned may refer the Commission
decision mentioned in the second subparagraph of paragraph 3
to the Council within 10 working days of notification of the
decision referred to in paragraph 4.

6.
The Council acting by a qualified majority may take a
different decision within 20 working days of the date of receipt
of the referral mentioned in paragraph 5.

CHAPTER III

ADJUSTMENT OF FISHING CAPACITY

Article 10

Fishing capacity reduction

1. Member States shall put in place measures to reduce the
fishing capacity of their fleets in order to achieve a stable and
enduring
and
Community fishing opportunities and taking into account the
measures adopted pursuant to Article 6.

between

capacity

balance

fishing

such

2. Member States shall ensure that the reference levels for
fishing capacity referred to in Article 11 and paragraph 4 of
this Article are not exceeded.

No exit from the fleet supported by public aid shall be
3.
permitted unless preceded by the withdrawal of the fishing
licence as defined in Regulation (EC) 3690/93 and, where
provided for, the fishing authorisations as defined in relevant
regulations. The capacity corresponding to the license, and
where necessary to the fishing authorisations for the fisheries
concerned, cannot be replaced.

4. Where public aid is granted for the withdrawal of fishing
capacity that goes beyond the capacity reduction necessary to
comply with the reference levels under Article 11(1),
the
amount of
the capacity withdrawn shall be automatically
deducted from the reference levels. The reference levels thus
obtained shall become the new reference levels.

Article 9

Member State measures within the 12 nautical mile zone

1.
A Member State may take non-discriminatory measures
for the conservation and management of fisheries resources
and to minimise the effect of fishing on the conservation of
marine eco-systems within 12 nautical miles of its baselines
provided that
the Community has not adopted measures
specifically addressing conservation and management within
this area. The Member State measures shall be compatible
with the objectives set out in Article 2 and no less stringent
than Community legislation.

When Member State measures affect vessels of another Member
State they may be taken only after consultation on a draft of
the measures, accompanied by an explanatory memorandum,
with the Commission, Member States and the Regional
Advisory Councils concerned has taken place.

Article 11

Reference levels for fishing fleets

The Commission shall establish for each Member State
1.
reference levels for the total fishing capacity of the Community
fishing vessels
that Member State in
accordance with the provisions of Article 31(2).

flying the flag of

The reference levels shall be the sum of the objectives of the
Multiannual Guidance Programme 1997-2002 (hereinafter
‘MAGP IV’) for each segment as fixed for 31 December 2002
pursuant to Council Decision 97/413/EC.

Reference levels for fishing capacity expressed in terms

2.
other than kW and GT may be fixed by the Council.

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Article 12

Entry/Exit scheme

In order to prevent any overall
increase in fishing capacity
Member States shall manage entries into the fleet and exits
from the fleet
the total
fishing capacity of entries into the fleet shall not exceed the
total fishing capacity of exits from the fleet.

in such a way that, at any time,

scrapping fishing
an emergency Community measure for
vessels or may reduce the allocation of fishing opportunities
or fishing effort for the Member State concerned as long as a
Member State fails to comply with Articles 10, 12 and 15, or
fails to provide the information required under Council Regu-
lation (EC) No 2792/99 and Commission Regulation (EC)
No 366/2001.

Article 13

Implementing rules

Rules for the control of the execution of the obligations under
Article 11 and 12 may be adopted in accordance with the
procedure laid down in Article 31(2).

Article 14

Exchanges of information

CHAPTER IV

RULES ON ACCESS TO WATERS AND RESOURCES

Article 17

General rules

1.
Community fishing vessels shall have equal access to
waters and resources in all Community waters other than
those referred to in paragraph 2, subject
to the measures
adopted under Chapter II.

regularly
The Commission and the Member States
exchange information on the state of
the fleet and its
evolution in relation to the objectives and the measures
adopted under
these
exchanges shall be adopted in accordance with the procedure
laid down in Article 31(2).

regulation. Detailed rules

shall

this

for

Article 15

Fishing fleet registers

State

Each Member

1.
register of
shall
Community fishing vessels flying its flag which shall include
the minimum amount of information on vessel characteristics
and activity that is necessary for the management of measures
established at Community level.

establish a

Each Member

2.
available
Commission the minimum information referred
paragraph 1.

shall make

State

to the
to in

The Commission shall set up a Community fishing fleet
receives under

3.
register containing the information that
paragraph 2 and shall make it available to Member States.

it

4.
The minimum information referred to in paragraph 1 and
the procedures for its transmission referred to in paragraphs 2
and 3 shall be determined in accordance with the procedure
laid down in Article 31(2).

2. Member States shall be authorised to restrict fishing in
the waters up to 12 nautical miles from baselines under their
sovereignty or jurisdiction to fishing vessels that traditionally
fish in those waters from ports on the adjacent coast, without
prejudice to the arrangements for Community fishing vessels
flying the flag of other Member States under existing neigh-
bourhood
the
arrangements contained in Annex I, fixing for each Member
State the geographical zones within the coastal bands of other
Member States where fishing activities are pursued and the
species concerned.

between Member

relations

States

and

Article 18

Particular rules (Shetland Box)

In the region defined in Annex II, fishing activity by
1.
Community fishing vessels of a length between the perpen-
diculars of not
for demersal species
other than Norway pout and blue whiting, shall be governed
by a system of prior authorisation in accordance with the
conditions laid down in this Regulation and, in particular, in
Annex II.

less than 26 metres,

Detailed rules of application and procedures for the
2.
implementation of paragraph 1 may be adopted in accordance
with the procedure laid down in Article 31(2).

Article 19

Review of access rules

Article 16

Suspension of Community contributions

Without prejudice to Article 23(4),
the Commission may
suspend Community financial assistance under Council Regu-
lations (EC) No 2792/1999 and (EC) No . . ./2002 establishing

By 31 December 2003 the Commission shall present to
1.
the European Parliament and the Council a report on the rules
concerning access to resources laid down in Community legis-
lation other than those referred to in Article 17(2), assessing
the justification for these rules in terms of conservation and
sustainable exploitation objectives.

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On the basis of the report referred to in paragraph 1 and
2.
having regard to the principle established in Article 17(1), the
Council shall decide by 31 December 2004 on any adjustments
to be made to these rules.

(a) a vessel shall carry on board its licence and, where

provided for, its authorisations for fishing;

Article 20

Allocation of fishing opportunities and fishing effort

The Council shall decide on a method of allocation for
1.
the Community
the distribution among Member States of
fishing opportunities
each
Member State a share of those fishing opportunities and/or
of the fishing effort to be distributed, having regard to the
need to assure each Member State as to relative stability of
fishing activities.

each stock that

ensures

for

2. When the Community establishes new fishing oppor-
tunities the Council shall decide on the method of allocating
those opportunities, taking into account the interests of each
Member State.

3.
Each Member State shall decide, for vessels flying its flag,
on the method of allocating the fishing opportunities assigned
to that Member State. It shall inform the Commission of the
allocation method.

4.
The Council shall establish the fishing opportunities
available to third countries in Community waters and allocate
those opportunities to each third country.

(b) a vessel shall have installed on board a functioning system
which allows detection and identification of that vessel by
remote monitoring systems;

(c)

the master shall without undue delay record and report
information on fishing activities,
including landings and
transhipments, in a manner which allows such records to
be transmitted electronically. Copies of the records shall be
made available to the authorities;

(d) the master shall accept inspectors on board and cooperate
with them; and where an observer scheme applies, the
master
and
shall
cooperate with them;

also accept observers on board

(e)

the master shall respect conditions and restrictions relating
to landings, transhipments, joint fishing operations, fishing
gear, nets and the marking and identification of vessels.

The marketing of fisheries products shall be subject to the

2.
following obligations:

(a) the master shall only sell fisheries products to a registered

buyer or at a registered auction;

5. Member States may, after notifying the Commission,
exchange all or part of the fishing opportunities allocated to
them.

(b) the buyer of fisheries products shall be registered with the

authorities;

CHAPTER V

COMMUNITY CONTROL AND ENFORCEMENT SYSTEM

(c)

the buyer of fisheries products shall submit invoices or
sales notes to the authorities, unless the sale takes place
at a registered auction which is itself obliged to submit
invoices or sales notes to the authorities;

Article 21

Objectives

Under the Community control and enforcement system access
to waters and resources and the pursuit of activities within the
scope of the common fisheries policy as set out in Article 1
shall be controlled and compliance with the rules of
the
common fisheries policy shall be enforced.

(d) all

fisheries products landed in or

imported into the
Community for which neither invoices nor sales notes
have been submitted to the authorities and which are trans-
ported to a place other than that of landing or import shall
be accompanied by a document drawn up by the trans-
porter until the first sale has taken place;

Article 22

(e)

the persons responsible for premises or transport vehicles
shall accept inspectors and cooperate with them.

Conditions for access to waters and resources and for
marketing of fisheries products

1.
It shall be prohibited to engage in activities within the
scope of the common fisheries policy, unless the following
obligations are respected:

(f) where a minimum size has been fixed for a given species,
operators responsible for selling, stocking or transporting
must be able to prove the geographical origin of
the
products.

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For the implementation of paragraphs 1 and 2, detailed
3.
rules may be adopted following the procedure laid down in
Article 31(2).

These rules may cover, in particular, documentation, recording,
reporting and information obligations of Member States,
masters, and legal and natural persons engaged in activities
falling within the scope of the common fisheries policy.

The rules may also provide exemptions from obligations for
certain groups of fishing vessels, where they may be justified
by the negligible impact on living aquatic resources of these
vessels' activity, or by the disproportionate burden the obli-
gations would create compared to the economic importance
of the vessels' activity.

Article 23

Responsibilities of Member States

imposed on the Member State be accompanied by the reallo-
cation of the quota, or quota equivalent value in question to
the Member States which it has been established have suffered
prejudice due to the loss to the common resources. These
Member States shall use the quota or quota equivalent value
allocated to them for the benefit of the fishing industry which
has suffered prejudice due to the loss to the common resources
caused by the violation of the rules of the common fisheries
policy.

value

If no specific Member State has suffered prejudice, the quota
equivalent
the
Community under Article 4 of the Financial Regulation (1), to
be used for the strengthening of control and enforcement
measures in the common fisheries policy.

an assigned revenue of

shall be

Implementing rules for this article may be adopted in
5.
accordance with the procedure laid down in Article 31(2),
including for the accreditation by the Member States of the
authority referred to in paragraph 3.

1.
Unless otherwise provided for
Member States shall ensure effective control,
enforcement of the rules of the common fisheries policy.

in Community law,
inspection and

Article 24

Inspection and enforcement

the activities carried out
2. Member States shall control
within the scope of
the common fisheries policy on their
territory or in the waters subject to their sovereignty or juris-
diction. They shall also control access to waters and resources
and fishing activities outside Community waters by Community
fishing vessels flying their flag and of their nationals.

3. Member States shall adopt
the measures, allocate the
financial and human resources and set up the administrative
and technical structure necessary for ensuring effective control,
including satellite-based moni-
inspection and enforcement,
toring systems. Member States shall also set up a means of
remote sensing by 2004.
In each Member State, a single
authority shall be responsible for collecting and verifying
including placing observers
information on fishing activities,
taking appropriate
on board of
decisions,
including the prohibition of fishing activities, and
for reporting to and cooperating with the Commission.

fishing vessels, and for

Any loss

the rules of

to the common living aquatic

resources
4.
resulting from a violation of
the common
fisheries policy attributable to any activity or omission by the
Member State shall be made good by the Member State. The
reparation shall take the form of a deduction in the quota
allocated to the Member State. This deduction may be made
during the year in which the prejudice occurred or in the
succeeding year or years.
If a quota deduction is not
possible, the Commission shall establish the quota equivalent
value as compensation by the Member State.

Member States shall
take the inspection and enforcement
measures necessary to ensure compliance with the rules of
the common fisheries policy on their
territory or in the
waters subject to their sovereignty or jurisdiction. They shall
also take enforcement measures relating to the fishing activities
outside Community waters of Community fishing vessels flying
their flag and of their nationals.

Such measures shall include,

(a) spot checks and inspections on fishing vessels, the premises
of businesses and other bodies with activities relating to the
common fisheries policy;

(b) sightings of fishing vessels;

(c)

investigation, legal pursuit of infringements and sanctions
in accordance with Article 25;

(d) preventive measures in accordance with Article 25(4).

The measures taken shall be properly documented. They shall
be effective, dissuasive and proportionate.

Implementing rules
accordance with the procedure laid down in Article 31(3).

this Article may be adopted in

for

Decisions shall be taken by the Commission in accordance with
Article 31(2). The Commission may decide that the measures

(1) Financial Regulation of 21 December 1977 applicable to the
general budget of the European Communities, as amended (OJ L
356, 31.12.1977, p. 1).

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Article 25

Follow-up of infringements

taken,

including

1. Member States shall ensure that the appropriate measures
criminal
or
administrative
be
proceedings in conformity with their national
law, against
the natural or legal persons responsible where the rules of
the common fisheries policy have not been respected.

action

The proceedings initiated pursuant to paragraph 1 shall
2.
be capable,
in accordance with the relevant provisions of
national law, of effectively depriving those responsible of the
economic benefit of the infringements and of producing results
proportionate
such infringements,
seriousness of
effectively discouraging further offences of the same kind.

to the

The sanctions arising from the proceedings referred to in
in particular, depending on the

include,

3.
paragraph 2 shall
gravity of the offence:

(a)

fines;

(b) seizure of prohibited fishing gear and catches;

(c) sequestration of the vessel;

(d) temporary immobilisation of the vessel;

(e) suspension of the licence;

(f) withdrawal of the licence.

4. Without prejudice to the obligations
referred to in
paragraphs 1, 2 and 3, the Council shall decide on the level
of sanctions to be applied by the Member States for behaviour
which constitutes a serious infringement, as defined in Regu-
lation (EC) No 1447/1999.

shall adopt

to
5. Member States
prevent vessels, natural or legal persons found in flagrante
delicto to be committing a serious infringement, as defined in
Council Regulation (EC) No 1447/1999, from continuing to do
so.

immediate measures

Article 26

Responsibilities of the Commission

to

the

prejudice

1. Without
the
Commission under the Treaty, the Commission shall evaluate
and control
the common
fisheries policy by the Member States, and facilitate coor-
dination and cooperation between them.

the application of

responsibilities

the rules of

of

resources

under the common fisheries policy are not being complied
this may have a negative impact on living
with and that
operation
aquatic
the
effective
Community control and enforcement
system necessitating
the Member State concerned a
urgent action,
deadline of no less than 10 working days to demonstrate
compliance and to give its comments.

it shall set

the

or

of

If, after the deadline referred to in paragraph 2 has
3.
expired, the Commission finds that doubts as to compliance
remain, it shall suspend, in whole or in part, fishing activities
or landings of catches by certain categories of vessel or in
certain ports,
areas. The decision shall be
proportionate to the risk which non-compliance with the
rules would bring for
living aquatic
resources.

the conservation of

regions or

The Commission shall lift the suspension within 10 working
days of the Member State's demonstrating that no doubts as to
compliance remain.

4.
In the event of a Member State's quota, allocation or
available share being deemed to be exhausted, the Commission
may take immediate action.

Notwithstanding Article 23(2)

the Commission shall
5.
control
fishing activities in Community waters by vessels
flying the flag of a third country where this is provided for
in Community law. To this end,
the Commission and the
relevant Member States shall cooperate and coordinate their
actions.

Detailed rules for the application of this Article may be
6.
adopted in accordance with the procedure laid down in Article
31(2).

Article 27

Evaluation and inspections by the Commission

The Commission may, of its own accord and by its own
1.
means, initiate and carry out audits, inquiries, verifications and
inspections concerning the application of
the
common fisheries policy. It may in particular control:

the rules of

(a) the implementation and application of

those rules by

Member States and their competent authorities;

(b) the conformity of national administrative practices and

inspection and surveillance activities with the rules;

(c)

existence of

the
concordance with the applicable rules;

required documents

the

and their

2.
rules on conservation, control,

If the Commission finds that there are indications that
inspection or enforcement

(d) the circumstances

in which control and enforcement

activities are carried out by Member States.

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For these purposes, the Commission may carry out inspections
on vessels as well as on the premises of businesses and other
bodies with activities relating to the common fisheries policy
and shall have access to all information and documents needed
to exercise its control.

in administrative or judicial proceedings of any Member State.
They shall have the same value for establishing facts as
inspection and surveillance reports of the Member States.

Member States shall afford the Commission such assistance as
it needs to fulfil these tasks.

6.
Detailed rules for the application of this Article may be
drawn up in accordance with the procedure laid down in
Article 31(2).

2.
Detailed rules for the application of this Article may be
adopted in accordance with the procedure laid down in Article
31(2).

CHAPTER VI

DECISION-MAKING AND CONSULTATION

Every three years the Commission shall draw up an
3.
evaluation report on the application of the common fisheries
policy rules by the Member States to be submitted to the
European Parliament and the Council.

Article 29

Decision-making procedure

Except where otherwise provided for in this regulation, the
Council shall act in accordance with the procedure laid down
in Article 37 of the Treaty.

Article 28

Cooperation and coordination

Article 30

International relations

1. Member States shall cooperate with each other and with
third countries to ensure compliance with the rules of the
common fisheries policy. To this end,
the Member States
shall afford other Member States and third countries the
assistance needed to ensure compliance with those rules.

Measures adopted under international agreements to which the
Community is a party and which become binding on the
Community shall be implemented in Community law in
accordance with the procedure laid down in Article 31(3).

2.
In the case of control and inspection of transboundary
fishing activities, Member States shall ensure that their actions
under this Chapter are coordinated. To this end, Member States
shall exchange inspectors.

and inspection aircraft

3. Member States shall authorise each other's inspectors,
inspection vessels
to carry out
the common
inspections in accordance with the rules of
fisheries policy relating to fishing activities in the waters
subject to their sovereignty or jurisdiction and in international
waters on Community fishing vessels flying their flag.

Where such measures concern the allocation of fishing oppor-
tunities, the first paragraph shall apply after the Council has
adopted the measures provided for in Article 20.

Article 31

Committee for fisheries and aquaculture

The Commission shall be assisted by a Committee for
‘the

1.
Fisheries and Aquaculture (hereinafter
Committee’).

referred to as

On the basis of

appointments by Member States
4.
the Commission shall
communicated to the Commission,
in accordance with the procedure laid down in
establish,
inspection
Article 31(2), a list of Community inspectors,
vessels
authorised to carry out
inspections under this Chapter in Community waters and on
Community fishing vessels.

and inspection aircraft

Inspection and surveillance

5.
reports drawn up by
Community inspectors or inspectors of another Member State
or Commission inspectors shall constitute admissible evidence

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC (1) shall apply. The period referred
to in Article 4(3) of Decision 1999/468/EC shall be set at 20
working days.

3. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply. The period provided
for in Article 5(6) of Decision 1999/468/EC shall be set at 60
working days.

(1) OJ L 184, 17.7.1999, p. 23.

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Article 32

Regional Advisory Councils

1.
Regional Advisory Councils
shall be
established to
the objectives of Article
contribute to the achievement of
2(1) and in particular to advise the Commission on matters
of
in respect of certain sea areas or
fishing zones.

fisheries management

fisheries

shall be

Regional Advisory Councils

composed of
2.
sectors,
representatives of
the
environmental protection and consumer
interests, national
and/or regional administrations and scientific experts from all
Member States whose fishing vessels operate in the sea area or
fishing zone concerned. The Commission may be present at
their meetings.

and aquaculture

Regional Advisory Councils may be consulted by the
3.
to be
Commission in respect of proposals
adopted on the basis of Article 37 of
it
intends to present and that relate specifically to fish stocks in
the area concerned. They may also be consulted by the
Commission and by the Member States in respect of other
measures.

the Treaty that

for measures

Article 34

Scientific, Technical and Economic Committee for
Fisheries

A Scientific, Technical and Economic Committee for
1.
Fisheries (STECF) shall be established. The STECF shall be
consulted as necessary on matters pertaining to the conser-
vation and management of living aquatic resources, including
social and technical
environmental,
biological,
considerations.

economic,

2.
The Commission shall take into account the advice from
the STECF when presenting proposals on fisheries management
under this Regulation.

CHAPTER VII

FINAL PROVISIONS

Article 35

Repeal

4.

Regional Advisory Councils may

1.
Council Regulations
No 101/76 are hereby repealed.

(EEC) No 3760/92 and (EEC)

(a) submit recommendations and suggestions, of their own
accord or at the request of the Commission or a Member
State, on matters relating to fisheries management to the
Commission or the Member State concerned;

2.
References to the provisions of the Regulations repealed
under paragraph 1 shall be construed as references to the
corresponding provisions of this Regulation.

(b) inform the Commission or the Member State concerned
about problems
implementation of
Community rules in the area they cover and submit recom-
mendations and suggestions addressing such problems to
the Commission or the Member State concerned;

to the

relating

Article 36

Review

(c) conduct any other activities necessary to fulfil

their

functions.

The provisions of Chapters II and III shall be reviewed before
the end of the year 2008

Article 33

Procedure for the establishment of Regional Advisory
Councils

The Council shall decide on the establishment of a Regional
Advisory Council. A Regional Advisory Council shall cover sea
areas falling under the jurisdiction of at least two Member
States.

Article 37

Entry into force

This Regulation shall enter into force 1 January 2003.

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

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ACCESS TO COASTAL WATERS WITHIN THE MEANING OF ARTICLE 17(2)

ANNEX I (1)

1. COASTAL WATERS OF THE UNITED KINGDOM

A. ACCESS FOR FRANCE

Geographical area

Species

Importance or particular
characteristics

United Kingdom coast (6 to 12 nautical miles)

1. Berwick-upon-Tweed east

Coquet Island east

2. Flamborough Head east

Spurn Head east

3. Lowestoft east

Lyme Regis south

4. Lyme Regis south
Eddystone south

5. Eddystone south

Longships south-west

6. Longships south-west

Hartland Point north-west

Harbour

9. Point Lynas North

Morecambe Light Vessel east

10. County Down

11. New Island north-east (1)
Sanda Island south-west

12. Port Stewart north
Barra Head west

13. Latitude 57 °40' N
Butt of Lewis west

Herring

Unlimited

Herring

Unlimited

All species

Unlimited

Demersal

Demersal
Scallops
Lobster
Crawfish

Demersal
Crawfish
Lobster

Unlimited

Unlimited
Unlimited
Unlimited
Unlimited

Unlimited
Unlimited
Unlimited

Unlimited

All species

Unlimited

Demersal

All species

Unlimited

Unlimited

All species

Unlimited

All species Except
shellfish

Unlimited

Unlimited

Unlimited

7. Hartland Point to a line from the north of Lundy

Demersal

Island

8. From a line due west Lundy Island to Cardigan

All species

Unlimited

14. St Kilda, Flannan Islands

All species

15. West of the line joining Butt of Lewis lighthouse to

All species

the point 59°30' N, 5 °45' W

(1) Corrigendum, OJ No L 73, 19.3.1983, p. 42

(1) All limits are calculated from their baselines, as they existed at the time Regulation (EEC) No 170/83 was adopted and, for the States

that acceded to the Community after this date, at the time of their accession.

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B. ACCESS FOR IRELAND

Geographical area

Species

Importance or particular
characteristics

United Kingdom coast (6 to 12 nautical miles)

2. Point Lynas north

Mull of Galloway south

2. Mull of Oa west
Barra Head west

Demseral
Nephrops

Demseral
Nephrops

Unlimited
Unlimited

Unlimited
Unlimited

C. ACCESS FOR GERMANY

Geographical area

Species

Importance or particular
characteristics

United Kingdom coast (6 to 12 nautical miles)

1. East of Shetlands and Fair Isle between lines drawn due
south-east
from Sumbrugh Head lighthouse due
north-east from Skroo lighthouse and due south-west
from Skadan lighthouse

2. Berwick-upon-Tweed east

Whitby High lighthouse east

3. North Foreland lighthouse east

Dungeness new lighthouse south

4. Zone around St Kilda

5. Butt of Lewis lighthouse west to the line joining Butt
of Lewis lighthouse and the point 59°30' N, 5°45' W

Herring

Unlimited

Herring

Unlimited

Herring

Herring
Mackerel

Herring

Unlimited

Unlimited
Unlimited

Unlimited

6. Zone around North Rona and Sulisker (Sulasgeir)

Herring

Unlimited

D. ACCESS FOR THE NETHERLANDS

Geographical area

Species

Importance or particular
characteristics

United Kingdom coast (6 to 12 nautical miles)

1. East of Shetlands and Fair Isle between lines drawn due
south-east
from Sumbrugh Head lighthouse due
north-east from Skroo lighthouse and due south-west
from Skadan lighthouse

Herring

Unlimited

2. Berwick-upon-Tweed east
Flamborough Head east

3. North Foreland east

Dungeness new lighthouse south

Herring

Unlimited

Herring

Unlimited

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E. ACCESS FOR BELGIUM

Geographical area

Species

Importance or particular
characteristics

United Kingdom coast (6 to 12 nautical miles)

1. Berwick upon Tweed east

Coquet Island east

2. Cromer north

North Foreland east

3. North Foreland east

Dungeness new lighthouse south

4. Dungeness new lighthouse south

Selsey Bill south

5. Straight Point south-east
South Bishop north-west

Herring

Unlimited

Demersal

Demersal
Herring

Demersal

Unlimited

Unlimited
Unlimited

Unlimited

Demersal

Unlimited

A. ACCESS FOR FRANCE

2. COASTAL WATERS OF IRELAND

Geographical area

Species

Importance or particular
characteristics

Irish coast (6 to 12 nautical miles)

1. Erris Head north-west

Sybil Point west

2. Mizen Head south

Stags south

3. Stags south
Cork south

4. Cork south

Carnsore Point south

5. Carnsore Point south

Haulbowline south-east

Demersal
Nephrops

Demersal
Nephrops
Mackerel

Demersal
Nephrops
Mackerel
Herring

All species

All species, except
Shellfish

Unlimited
Unlimited

Unlimited
Unlimited
Unlimited

Unlimited
Unlimited
Unlimited
Unlimited

Unlimited

Unlimited

B. ACCESS FOR THE UNITED KINGDOM

Geographical area

Species

Importance or particular
characteristics

Irish coast (6 to 12 nautical miles)

1. Mine Head south

Hook Point

2. Hook Point

Carlingford Lough

Demseral
Herring
Mackerel

Demseral
Herring
Mackerel
Nephrops
Scallops

Unlimited
Unlimited
Unlimited

Unlimited
Unlimited
Unlimited
Unlimited
Unlimited

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C. ACCESS FOR THE NETHERLANDS

Geographical area

Species

Importance or particular
characteristics

Irish coast (6 to 12 nautical miles)

1. Stags south

Carnsore Point south

D. ACCESS FOR GERMANY

Herring
Mackerel

Unlimited
Unlimited

Geographical area

Species

Importance or particular
characteristics

Irish coast (6 to 12 nautical miles)

1. Old Head of Kinsale south

Carnsore Point south

2. Cork south

Carnsore Point south

E. ACCESS FOR BELGIUM

Herring

Unlimited

Mackerel

Unlimited

Geographical area

Species

Importance or particular
characteristics

Irish coast (6 to 12 nautical miles)

1. Cork south

Carnsore Point south

2. Wicklow Head east

Carlingford Lough south-east

Demersal

Unlimited

Demersal

Unlimited

3. COASTAL WATERS OF BELGIUM

Geographical area

Member State

Species

Importance or particular
characteristics

6 to 12 nautical miles

Netherlands

France

All species

Herring

Unlimited

Unlimited

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4. COASTAL WATERS OF DENMARK

Geographical areas

Member State

Species

Importance or particular
characteristics

North Sea coast
(Danish/German frontier to Hanstholm)
(6 to 12 nautical miles)

Danish/German frontier to Blåvands Huk

Germany

Flatfish
Shrimps and Prawns

Unlimited
Unlimited

Netherlands

Flatfish
Roundfish

Unlimited
Unlimited

Blåvands Huk to Bovbjerg

Belgium

Cod

Thyborøn to Hanstholm

Skagerrak
(Hanstholm to Skagen)
(4 to 12 nautical miles)

Kattegat

Baltic Sea
(including Belts, Sound, Bornholm)
3 to 12 nautical miles

Germany

Netherlands

Belgium

Germany

Netherlands

Belgium

Germany

Netherlands

Germany

Germany

Haddock

Flatfish

Plaice
Sole

Whiting

Plaice

Flatfish
Sprat
Cod
Saithe
Haddock
Mackerel
Herring
Whiting

Cod
Plaice
Sole

Plaice

Flatfish
Sprat
Cod
Saithe
Haddock
Mackerel
Herring
Whiting

Cod
Plaice
Sole

Cod
Flatfish
Nephrops
Herring

Flatfish
Cod
Herring
Sprat
Eel
Salmon
Whiting
Mackerel

Unlimited only during
June and July
Unlimited only during
June and July

Unlimited

Unlimited
Unlimited

Unlimited only during
June and July
Unlimited only during
June and July

Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited

Unlimited
Unlimited
Unlimited

Unlimited only during
June and July

Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited

Unlimited
Unlimited
Unlimited

Unlimited
Unlimited
Unlimited
Unlimited

Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited

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5. COASTAL WATERS OF GERMANY

Geographical areas

Member State

Species

Importance or particular
characteristics

North Sea coast
(3 to 12 nautical miles)
all coasts

Danish/German frontier to the northern tip of
Amrum at 54°43' N

Zone around Helgoland

Baltic coast

Denmark

Demersal
Sprat
Sand-eel

Unlimited
Unlimited
Unlimited

Netherlands

Demersal
Shrimps and Prawns

Unlimited
Unlimited

Denmark

Shrimps and Prawns

Unlimited

United
Kingdom

Denmark

Cod
Plaice

Cod
Plaice
Herring
Sprat
Eel
Whiting
Mackerel

Unlimited
Unlimited

Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited

6. COASTAL WATERS OF FRANCE AND THE OVERSEAS DEPARTMENTS

Geographical area

Member State

Species

Importance or particular
characteristics

North-east Atlantic coast (6 to 12 nautical
miles)

Belgian/French frontier to east of Departement
Manche
estuary
(Vire-Grandcamp les Bains
49°23'30'' N, 1°2' WNNE)

Belgium

Demersal
Scallops

Netherlands

All species

Unlimited
Unlimited

Unlimited

Dunkerque (2°20' E) to Cap d'Antifer (0°10' E)

Germany

Herring

Unlimited only during
October to December

Belgian/French frontier to Cap d'Alprech west
(50°42'30'' N, 1°33'30'' E)

United
Kingdom

All species

Unlimited

Atlantic Coast (6 to 12 nautical miles)

Spanish/French frontier to 46°08' N

Spain

Anchovies

— Directed

fishing,
Unlimited
only
from 1 March to
30 June

— Fishing for live bait
to

from 1
31 October only

July

Sardines

— Unlimited only from
to
and
to

1
28
from 1
31 December

January
February

July

— In addition, activi-
ties relating to the
above-mentioned
species must
be
pursued in accor-
and
dance with
limits
within
activities
of
the
pursued
during
1984

the

Mediterranean coast (6 to 12 nautical miles)

Spanish frontier Cap Leucate

Spain

All species

Unlimited (1)

(1) Act of Accession of 1985.

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7. COASTAL WATERS OF SPAIN

Geographical area

Member State

Species

Atlantic coast (6 to 12 nautical miles)

French/Spanish
lighthouse (3°47' W)

frontier

to

Cap Mayor

France

Pelagic

Importance or particular
characteristics

Unlimited in accordance
with and within the
limits of
the activities
pursued during 1984

Mediterranean coast (6 to 12 nautical miles)

French frontier/Cap Creus

France

All species

Unlimited (1)

(1) Act of Accession of 1985.

8. COASTAL WATERS OF THE NETHERLANDS

Geographical area

Member State

Species

Importance or particular
characteristics

(3 to 12 nautical miles) whole coast

(6 to 12 nautical miles) whole coast

Texel south point, west
German frontier

to the Netherlands/

Belgium
Denmark

Germany

France

United
Kingdom

All species
Demersal
Sprat
Sand-eel
Horse-mackerel

Unlimited
Unlimited
Unlimited
Unlimited
Unlimited

Cod
Shrimps and Prawns

Unlimited
Unlimited

All species

Demersal

Unlimited

Unlimited

27.8.2002

EN

Official Journal of the European Communities

C 203 E/303

ANNEX II

SHETLAND BOX

A. Geographical limits

From the point on the west coast of Scotland in latitude 58°30' N to 59°30' N, 6°15' W
From 58°30' N, 6°15' W to 59°30' N, 5°45' W
From 59°30' N, 5°45' W to 59°30' N, 3°45' W

along the 12 nautical miles line north of the Orkneys

From 59°30' N, 3°00' W to 61°00' N, 3°00' W
From 61°00' N, 3°00' W to 61°00' N, 0°00' W

along the 12 nautical miles line north of the Shetlands

From 61°00' N, 0°00' W to 59°30' N, 0°00' W
From 59°30' N, 0°00' W to 59°30' N, 1°00' W
From 59°30' N, 1°00' W to 59°00' N, 1°00' W
From 59°00' N, 1°00' W to 59°00' N, 2°00' W
From 59°00' N, 2°00' W to 58°30' N, 2°00' W
From 58°30' N, 2°00' W to 58°30' N, 3°00' W
From 58°30' N, 3°00' W to the east coast of Scotland in latitude 58°30' N.

B. Fishing effort authorised

Maximum number of vessels with a length between perpendiculars of not less than 26 metres (1) authorised to fish
for demersal species, other than Norway pout and blue whiting (2):

Member State

Number of fishing vessels authorised

France

United Kingdom

Germany

Belgium

52

62

12

2

(1) Length between perpendiculars as laid down by Commission Regulation (EEC) No 2930/86 (OJ L 274, 25.9.1986, p. 1).
(2) Vessels fishing for Norway pout and blue whiting may be subject to specific monitoring measures concerning the keeping on board

of fishing gear and species other than those referred to above.