Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks
Date: 2002-12-16
Institutions: Council of the European Union
Subjects: fishery management, fishery resources, fishing area, fishing permit, fishing vessel

L 351/6

EN

Official Journal of the European Communities

28.12.2002

COUNCIL REGULATION (EC) No 2347/2002

of 16 December 2002

establishing specific access requirements and associated conditions applicable to fishing for deep-
sea stocks

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

Council Regulation (EEC) No 3760/92 of 20 December
1992 establishing a Community system for fisheries and
aquaculture (3) requires the Council to adopt, in the light
of the available scientific advice and, in particular, of the
report prepared by
and
Economic Committee for Fisheries, the measures neces-
sary to ensure the rational and responsible exploitation
of resources on a sustainable basis, and the conditions of
access to resources.

the Scientific, Technical

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.

(6)

(7)

(8)

(9)

Appropriate, verifiable and up-to-date information for
scientific advice about fisheries and the marine environ-
ment should be made available to the relevant scientific
and management bodies as soon as possible.

In order to ensure effective and precautionary manage-
ment 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 general provisions concerning special
fishing permits (4) and Commission Regulation (EC) No
2943/95 of 20 December 1995 setting out detailed rules
for applying Council Regulation (EC) No 1627/94 (5).

Control measures additional
to those laid down in
Council Regulation (EEC) No 2847/93 of 12 October
1993 establishing a control system applicable to the
common fisheries policy (6) and in Commission Regula-
tion (EC) No 1489/97 of 29 July 1997 laying down
detailed rules for the application of Council Regulation
(EEC) No 2847/93 as regards satellite-based vessel moni-
toring systems (7) are required to ensure compliance with
the measures laid down in this Regulation.

implementation of

The measures necessary for
this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
implementing
for exercise of
down the procedures
powers conferred on the Commission (8),

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.

HAS ADOPTED THIS REGULATION:

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

fishing permit

Article 1

Scope

fishing
Accurate and up-to-date information about
operations is a prerequisite for provision of high quality
scientific advice, and such information can best be
collected by trained and independent scientific observers
in collaboration with the fishing industry and other
interested parties.

(1) OJ C 151 E, 25.6.2002, p. 184.
(2) Opinion delivered on 10 October 2002 (not yet published in the

Official Journal).

(3) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regula-

tion (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1).

This Regulation applies to Community fishing vessels carrying
for the
out fishing activities in ICES (International Council
Exploration of
to XIV inclusive, and
the Sea) sub-areas I
Community waters of CECAF areas 34.1.1, 34.1.2, 34.1.3 and
34.2 which lead to catches of species listed in Annex I.

(4) OJ L 171, 6.7.1994, p. 7.
(5) OJ L 308, 21.12.1995, p. 15.
(6) OJ L 261, 20.10.1993, p.1. Regulation as last amended by Regula-

tion (EC) No 2846/98 (OJ L 358, 31.12.1998, p. 5).

(7) OJ L 202, 30.7.1997, p.18. Regulation as last amended by Commis-
sion Regulation (EC) No 2445/1999 (OJ L 298, 19.11.1999, p. 5).

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

(1)

(2)

(3)

(4)

(5)

28.12.2002

EN

Official Journal of the European Communities

L 351/7

Article 2

Definitions

(b) the aggregate volume of those vessels does not exceed the
aggregate volume determined in accordance with paragraph
1.

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, of 22 September 1986, defining charac-
teristics for fishing vessels (1);

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

with Regulation (EEC) No 2930/86;

(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 and retention on board of more than 10 tonnes
each calendar year of deep-sea species by vessels flying their
flag and registered in their territory shall be subject to a deep-
sea fishing permit.

It shall however be prohibited to catch and retain on board,
tranship or to land any aggregate quantity of the deep-sea
species in excess of 100 kg in each sea trip, unless the vessel
in question holds a deep-sea fishing permit.

Upon a request of a Member State specific measures may

2.
be laid down to take account of seasonal or artisanal fisheries.

3.
Detailed rules for the application of paragraph 2 shall be
adopted in accordance with the procedure referred to in Article
11(2).

Article 4

Effort restriction

1. Member States shall calculate the aggregate power and
the aggregate volume 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.

These aggregate values shall be communicated to the Commis-
sion.

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

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
or in a form provided by the flag Member State the information
listed in Annex III.

Article 6

Vessel monitoring system

1.
Notwithstanding Article 6(2) of Regulation (EC) No 1489/
97, in the event of technical failure or non-functioning of the
satellite tracking device fitted on board a fishing vessel, the
master of the vessel shall report its geographical situation to
the flag and coastal Member States every two hours.

2.
After the sea trip has concluded, the vessel must not leave
the port until the satellite tracking device is functioning to the
satisfaction of the competent authorities.

3.
Repeated instances of non-compliance with the obliga-
tions laid down in paragraphs 1 and 2 shall be considered as
conduct that seriously infringes the Common Fisheries Policy,
according to 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 (2).

4.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in Article
11(2).

Article 7

Designated ports

1.
As from 1 March 2003 it shall be prohibited to land any
quantity of any mixture of deep-sea species in excess of
100 kg 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 in excess of 100 kg 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 60 days of the date of entry into force of this Regulation
a list of designated ports and, within 30 days thereafter, the
associated inspection and surveillance procedures referred to in
paragraph 2.

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

(1) OJ L 274, 25.9.1986, p. 1. Regulation as amended by Regulation

(EC) No 3259/94 (OJ L 339, 29.12.1994, p. 11).

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

L 351/8

EN

Official Journal of the European Communities

28.12.2002

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.

2.
Each Member State shall prepare a sampling plan for the
deployment of observers and sampling at port that shall ensure
collection of 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 within six
months after the entry into force of this Regulation.

3.
Detailed rules for the application of paragraphs 1 and 2
shall be adopted in accordance with the procedure referred to
in Article 11(2).

4.

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 20 days following the
termination of the observation period. A copy of this report
shall be sent to the Commission, within 30 days after
receipt of a written request;

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

5.

The scientific observer shall not be any of the following:

of fishing days out of port and reports presented by the scien-
tific 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, as well as information concerning those in
Annex II and by ICES statistical rectangle or CECAF subdivi-
sion.

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

Article 10

Follow-up

The Commission will submit to the European Parliament and
to the Council a report on the overall scheme for managing
deep-water species before 30 June 2005. On the basis of this
report, the Commission will propose to the Council any neces-
sary amendments to this scheme.

Article 11

Committee procedure

1.
The Commission shall be assisted by the Committee
established by Article 17 of Council Regulation (EEC) No
3760/92.

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

on the vessel to which the observer is assigned;

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

(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

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 including full records

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 12

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.

It shall apply from 1 of January 2003.

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

Done at Brussels, 16 December 2002.

For the Council

The President

M. FISCHER BOEL

28.12.2002

EN

Official Journal of the European Communities

L 351/9

ANNEX Ι

List of deep-sea species

Scientific name

Common name

Aphanopus carbo

Apristuris spp.

Argentina silus

Beryx spp.

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 dypterigia

Phycis blennoides

Centroscymnus crepidater

Scymnodon ringens

Hexanchus griseus

Chlamydoselachus anguineus

Oxynotus paradoxus

Somniosus microcephalus

Black scabbardfish

Iceland catshark

Greater silver smelt

Alfonsinos

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

Forkbeards

Longnose velvet dogfish

Knifetooth dogfish

Six-gilled shark

Frilled shark

Sailfin roughshark (Sharpback shark)

Greenland shark

L 351/10

EN

Official Journal of the European Communities

28.12.2002

ANNEX II

Additional list of deep sea-species referred to in Article 9

Scientific name

Common name

Pagellus bogaraveo

Chimaera monstrosa

Marcrourus berglax

Mora moro

Antimora rostrata

Epigonus telescopus

Helicolenus dactylopterus

Conger conger

Lepidopus caudatus

Alepocephalus bairdii

Lycodes esmarkii

Raja hyperborea

Sebastes viviparus

Hoplostethus mediterraneus

Trachyscorpia cristulata

Raja nidarosiensus

Chaecon (Geryon) affinis

Raja fyllae

Hydrolagus mirabilis

Rhinochimaera atlantica

Alepocephalus rostratus

Polyprion americanus

Red (blackspot) seabream

Rabbit fish (Rattail)

Roughhead grenadier (Rough rattail)

Common mora

Blue antimora (Blue hake)

Black (Deep-water) cardinal fish

Bluemouth (Blue mouth redfish)

Conger eel

Silver scabbard fish (Cutlass fish)

Baird's smoothhead

Eelpout

Arctic skate

Small redfish (Norway haddock)

Silver roughy (Pink)

Spiny (Deep-sea) scorpionfish

Norwegian skate

Deep-water red crab

Round skate

Large-eyed rabbit fish (Ratfish)

Straightnose rabbitfish

Risso's smoothhead

Wreckfish

28.12.2002

EN

Official Journal of the European Communities

L 351/11

ANNEX III

Information concerning fishing gear characteristics and fishing operations referred to in Article 5

1. For vessels using long-lines:

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

— the total time the lines have been in the sea in any 24-hour period and the number of shots in this period,

— fishing depths.

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 total time the nets have been in the sea in a 24-hour period and the total number of hauls in this time,

— fishing depths.

3. For vessels using towed gear:

— the size of the mesh used in the nets,

— the total time the nets have been in the sea in a 24-hour period and the total number of hauls in this time,

— fishing depths.