Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy
Date: 2002-12-20
Institutions: Council of the European Union
Subjects: aquaculture, common fisheries policy, conservation of fish stocks, exploitation of resources, fishery resources, fishing controls, fishing fleet, marine ecosystem, marketing

31.12.2002

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Official Journal of the European Communities

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COUNCIL REGULATION (EC) No 2371/2002

of 20 December 2002

on the conservation and sustainable exploitation of fisheries resources under the Common
Fisheries Policy

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),

(7)

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Council Regulation (EEC) No 3760/92 (3) established a
Community
and aquaculture.
According to that Regulation, the Council has to decide
on any necessary adjustments by 31 December 2002.

system for

fisheries

The scope of the Common Fisheries Policy extends to
conservation, management and exploitation of
living
aquatic resources and aquaculture, as well as to the
processing and marketing of
fishery and aquaculture
products, where such activities are practised on the terri-
tory of Member States or in Community waters or by
Community fishing vessels or nationals of Member
States, bearing in mind the provisions of Article 117 of
the United Nations Convention on the Law of the Sea,
without prejudice to the primary responsibility of the
flag State.

Given that many fish stocks continue to decline, the
Common Fisheries Policy should 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
approach, which is based on the same considerations as
the precautionary principle referred to in Article 174 of
the Treaty.

The objective of the Common Fisheries Policy should
therefore be to provide for sustainable exploitation of
living aquatic resources and of aquaculture in the
context of sustainable development, taking account of
the environmental, economic and social aspects in a
balanced manner.

It is important that the management of the Common
Fisheries Policy is guided by the principle of good
governance and that the measures taken are mutually
compatible and consistent with other Community poli-
cies.

The objective of sustainable exploitation will be more
effectively achieved through a multi-annual approach to
involving multi-annual manage-
fisheries management,

(8)

(9)

(10)

(11)

(12)

ment plans for stocks at or within safe biological limits.
For stocks outside safe biological limits, the adoption of
multi-annual recovery plans is an absolute priority. In
line with scientific advice,
reductions in
fishing effort may be required for these stocks.

substantial

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

The content of multi-annual plans should be commensu-
rate with the conservation status of
the
urgency of their recovery, and the characteristics of these
stocks and the fisheries in which they are caught.

the stocks,

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

Provision should be made for Member States or the
Commission to adopt emergency measures in the event
of a serious threat to the conservation of resources, or to
the marine eco-system resulting from fishing activities,
and requiring immediate action.

to adopt

In their 12 nautical mile zone, Member States should be
allowed
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-discrimi-
natory and prior consultation has taken place, and that
the Community has not adopted measures specifically
addressing conservation and management within this
area.

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 capa-
city which may not be exceeded, a special Community
facility to promote scrapping of
fishing vessels and
national entry/exit schemes.

(1) OJ C 203 E, 27.8.2002, p. 284.
(2) Opinion delivered on 5 December 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).

(13)

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.

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(14)

Rules in place restricting access to resources within the
12 nautical mile zones of Member States have operated
satisfactorily benefiting
restricting
fishing effort in the most sensitive part of Community
waters and preserving traditional
fishing activities on
which the social and economic development of certain
coastal communities is highly dependent. They should
therefore continue to apply until 31 December 2012.

conservation by

(21)

The Community should be able to operate deductions of
fishing opportunities when a Member State has exceeded
the fishing opportunities which have been allocated to
it. Where it is established that, as a result of a Member
State having exceeded its fishing opportunities, another
Member State has suffered damage, part or all of the
deduction should be allocated to that Member State.

(15) Although other access restrictions contained in Commu-
nity legislation should be maintained for the time being,
they should be reviewed in order to evaluate whether
they are necessary to ensure sustainable fisheries.

(22) Member States should be obliged to adopt immediate
measures to prevent the continuation of serious infringe-
ments as defined in Council Regulation (EC) No 1447/
1999 of 24 June 1999 establishing a list of types of
behaviour which seriously infringe the rules of
the
Common Fisheries Policy (3).

(16)

(17)

In view of the precarious economic state of the fishing
industry and the dependence of certain coastal commu-
nities on fishing, it is necessary to ensure relative stabi-
lity of
fishing
fishing activities by the allocation of
opportunities among the Member States, based upon a
predictable share of the stocks for each Member State.

In other respects,
that stability, given the temporary
biological situation of stocks, should safeguard the parti-
cular needs of regions where local populations are espe-
cially dependent on fisheries and related activities as
decided by the Council in its Resolution of 3 November
1976 (1), on certain external aspects of the creation of a
200-mile fishing zone in the Community with effect
from 1 January 1977, and in particular Annex VII
thereto.

(18)

Therefore, it is in this sense that the notion of relative
stability aimed at should be understood.

(19)

to ensure effective implementation of

In order
the
Common Fisheries Policy, the Community control and
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
Regulation the main provisions governing control,
inspection and enforcement of the rules of the Common
Fisheries Policy, part of which are already contained in
Council Regulation (EEC) No 2847/93 of 12 October
1993 establishing a control system applicable to the
Common Fisheries Policy (2). That Regulation has to
remain in force until all the necessary implementing
rules have been adopted.

(20)

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 responsibilities
for the Member States and the Commission.

(1) OJ C 105, 7.5.1981, p. 1.
(2) 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).

(23)

(24)

(25)

(26)

(27)

The Commission should be able to take immediate
preventive measures if there is evidence of a risk that
fishing activities could lead to a serious threat to conser-
vation of living aquatic resources.

The Commission should be provided with appropriate
powers to carry out its obligation to control and eval-
uate the implementation of the Common Fisheries Policy
by the Member States.

It is necessary to intensify cooperation and coordination
between all relevant authorities in order to achieve
compliance with the rules of
the Common Fisheries
Policy,
in particular through the exchange of national
inspectors, by requiring Member States to treat inspec-
tion reports drawn up by Community inspectors, inspec-
tors of another Member State or Commission inspectors
equally to their own inspection reports for the purpose
of establishing the facts.

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (4).

To contribute to the achievement of the objectives of the
Common Fisheries Policy, Regional Advisory Councils
should be established to enable the Common Fisheries
Policy to benefit from the knowledge and experience of
the fishermen concerned and of other stakeholders and
to take into account the diverse conditions throughout
Community waters.

(28)

To ensure that the Common Fisheries Policy benefits
from the best scientific, technical and economic advice,
the Commission should be assisted by an appropriate
committee.

(3) OJ L 167, 2.7.1999, p. 5.
(4) OJ L 184, 17.7.1999, p. 23.

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(29)

(30)

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 conser-
vation and exploitation of those resources. In accordance
with the principle of proportionality as set out in Article
5 of the Treaty, this Regulation does not go beyond
what is necessary in order to achieve that objective.

By reason of the number and importance of the amend-
ments to be made, Regulation (EEC) No 3760/92 should
be repealed. Council Regulation (EEC) No 101/76 of 19
January 1976 laying down a common structural policy
for the fishing industry (1) being voided of all substantial
provisions should also be repealed,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND OBJECTIVES

Article 1

Scope

1.
The Common Fisheries Policy shall cover conservation,
management and exploitation of living aquatic resources, aqua-
culture, and the processing and marketing of fishery and aqua-
culture products where such activities are practised on the terri-
tory of Member States or in Community waters or by Commu-
nity fishing vessels or, without prejudice to the primary respon-
sibility of the flag State, nationals of Member States.

The Common Fisheries Policy shall provide for coherent

2.
measures concerning:

(a) conservation, management

and exploitation of

living

aquatic resources,

(b) limitation of the environmental impact of fishing,

(c) conditions of access to waters and resources,

(d) structural policy and the management of the fleet capacity,

(e) control and enforcement,

(f) aquaculture,

(g) common organisation of the markets, and

(h) international relations.

Article 2

Objectives

The Common Fisheries Policy shall ensure exploitation of
1.
living aquatic resources that provides sustainable economic,
environmental and social conditions.

For this purpose, the Community shall apply the precautionary
approach in taking measures designed to protect and conserve
living aquatic resources, to provide for their sustainable exploi-
tation and to minimise the impact of
fishing activities on
marine eco-systems. It shall aim at a progressive implementa-

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

tion of an eco-system-based approach to fisheries management.
It shall aim to contribute to efficient 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 into account the inter-
ests of consumers.

The Common Fisheries Policy shall be guided by the

2.
following principles of good governance:

(a) clear definition of

responsibilities at

the Community,

national and local levels;

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

which delivers timely results;

(c) broad involvement of stakeholders at all stages of the policy

from conception to implementation;

(d) consistence 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 with the excep-
tion of waters adjacent to the territories mentioned in
Annex II to the Treaty;

(b) ‘living aquatic resources’ means available and accessible
living marine aquatic species, including anadromous and
catadromous species during their marine life;

(c) ‘fishing vessel’ means any vessel equipped for commercial

exploitation of living aquatic resources;

(d) ‘Community fishing vessel’ means a fishing vessel flying
the flag of a Member State and registered in the Commu-
nity;

(e) ‘sustainable exploitation’ means the exploitation of a stock
in such a way that the future exploitation of the stock will
not be prejudiced and that it does not have a negative
impact on the marine eco-systems;

(f) ‘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;

(g) ‘stock’ means a living aquatic resource that occurs in a

given management area;

(h) ‘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 the fishing effort of all vessels in the group;

(i) ‘precautionary approach to fisheries management’ means
that the absence of adequate scientific information should
not be used as a reason for postponing or failing to take
management measures to conserve target species, asso-
ciated or dependent species and non-target species and
their environment;

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(j) ‘limit reference points’ means values of fish stock popula-
tion parameters (such as biomass or fishing mortality rate),
which should be avoided because they are associated with
unknown population dynamics, stock collapse or impaired
recruitment;

(k) ‘conservation reference points’ means values of fish stock
population parameters
fishing
mortality rate) used in fisheries management, for example
with respect to an acceptable level of biological risk or a
desired level of yield;

(such as biomass or

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

(m) ‘catch limit’ means a quantitative limit on landings of a
stock or group of stocks over a given period unless other-
wise provided for in Community law;

(n) ‘fishing capacity’ means a vessel's tonnage in GT and its
power in kW, as defined in Articles 4 and 5 of Council
Regulation (EEC) No 2930/86 (1). For certain types of
fishing activity, capacity may be defined by the Council
using for example the amount and/or the size of a vessel's
fishing gear;

(o) ‘exit from the fleet’ means the removal of a fishing vessel
from the fishing fleet register of a Member State, provided
that Article 15(1) is complied with;

(p) ‘entry into the fleet’ means the registration in the fishing

fleet register of a Member State of a fishing vessel;

(q) ‘fishing opportunity’ means a quantified legal entitlement
to fish, expressed in terms of catches and/or fishing effort;

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

CHAPTER II

CONSERVATION AND SUSTAINABILITY

Article 4

Types of measures

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

2.
The measures referred to in paragraph 1 shall be estab-
lished taking into account available scientific, technical and
economic advice and in particular of the reports drawn up by
the Scientific, Technical and Economic Committee for Fisheries
(STECF) established under Article 33(1) as well as in the light
of any advice received from Regional Advisory Councils estab-

(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).

include
lished under Article 31. They may,
measures for each stock or group of stocks to limit fishing
mortality and the environmental impact of fishing activities by:

in particular,

(a) adopting recovery plans under Article 5;

(b) adopting management plans under Article 6;

(c) establishing targets

for

the sustainable exploitation of

stocks;

(d) limiting catches;

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

fish;

(f) limiting fishing effort;

(g) adopting technical measures, including:

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

fishing gear on board,

(ii) zones and/or periods in which fishing activities are
prohibited or restricted including for the protection of
spawning and nursery areas;

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

board and/or landed;

(iv) specific measures to reduce the impact of fishing activ-
ities on marine eco-systems and non target species;

(h) establishing incentives,

including those of an economic

nature, to promote more selective or low impact fishing;

(i) conducting pilot projects on alternative types of fishing

management techniques.

Article 5

Recovery plans

1.
The Council shall adopt, as a priority, recovery plans for
fisheries exploiting stocks which are outside safe biological
limits.

The objective of recovery plans shall be to ensure the

2.
recovery of stocks to within safe biological limits.

They shall include conservation reference points such as targets
against which the recovery of the stocks to within safe biolo-
gical limits shall be assessed.

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.

Recovery plans may include targets relating to other living
aquatic resources and the maintenance or improvement of the
conservation status of marine eco-systems.

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Where more than one target is set, recovery plans shall specify
the order of priority of these targets.

3.
Recovery plans shall be drawn up on the basis of the
precautionary approach to fisheries management and take
account of limit reference points recommended by relevant
scientific bodies. They shall ensure the sustainable exploitation
of stocks and that the impact of fishing activities on marine
eco-systems is kept at sustainable levels.

3. Management plans shall be drawn up on the basis of the
precautionary approach to fisheries management and take
account of limit reference points recommended by relevant
scientific bodies. They shall ensure the sustainable exploitation
of stocks and that the impact of fishing activities on marine
eco-systems is kept at sustainable levels.

They may cover either fisheries for single stocks or fisheries
exploiting a mixture of stocks, and shall take due account of
interactions between stocks and fisheries.

They may cover either fisheries for single stocks or fisheries
exploiting a mixture of stocks, and shall take due account of
interactions between stocks and fisheries.

The management plans shall be multi-annual and indicate the
expected time frame for reaching the targets established.

The recovery plans shall be multi-annual and indicate the
expected time frame for reaching the targets established.

Recovery plans may include any measure referred to in
4.
points (c) to (h) of Article 4(2) as well as harvesting rules which
consist of a predetermined set of biological parameters to
govern catch limits.

Recovery plans shall include limitations on fishing effort unless
this is not necessary to achieve the objective of the plan. The
measures to be included in the recovery plans shall be propor-
tionate to the objectives, the targets and the expected time
frame, and shall be decided by the Council having regard to:

4.
The management plans may include any measure referred
to in points (d) to (i) of Article 4(2) as well as harvesting rules
which consist of a predetermined set of biological parameters
to govern catch limits.

The measures to be included in the management plans shall be
proportionate to the objectives, the targets and the expected
time frame, and shall be decided by the Council having regard
to:

(a) the conservation status of the stock or stocks;

(b) the biological characteristics of the stock or stocks;

(c) the characteristics of the fisheries in which the stocks are

(a) the conservation status of the stock or stocks;

caught;

(b) the biological characteristics of the stock or stocks;

(c) the characteristics of the fisheries in which the stocks are

caught;

(d) the economic impact of

the measures on the fisheries

concerned.

The Commission shall report on the effectiveness of the

5.
recovery plans in achieving the targets.

Article 6

Management plans

1.
The Council shall adopt management plans as far as
necessary to maintain stocks within safe biological limits for
fisheries exploiting stocks at/or within safe biological limits.

(d) the economic impact of

the measures on the fisheries

concerned.

The Commission shall report on the effectiveness of the

5.
management plans in achieving the targets.

Article 7

Commission emergency measures

living aquatic resources, or

If there is evidence of a serious threat to the conservation
1.
of
to the marine eco-system
resulting from fishing activities and requiring immediate action,
the 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 six months. The Commission
may take a new decision to extend the emergency measures for
no more than six months.

2. Management plans shall
include conservation reference
points such as targets against which the maintenance of stocks
within such limits shall be assessed. Points (a) to (d) of Article
5(2) shall apply.

2.
The Member State shall communicate the request simulta-
neously to the Commission, to the other Member States and to
the Regional Advisory Councils concerned. They may submit
their written comments to the Commission within five working
days of receipt of the request.

Management plans may include targets relating to other living
aquatic resources and the maintenance or improvement of the
conservation status of marine eco-systems.

The Commission shall take a decision within 15 working days
of receipt of the request referred to in paragraph 1.

Where more than one target is set, management plans shall
specify the order of priority of these targets.

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

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The Member States concerned may refer the Commission
4.
decision to the Council within 10 working days of receipt of
the notification.

the Regional Advisory Councils concerned have been consulted
on a draft of the measures accompanied by an explanatory
memorandum.

The Council, acting by qualified majority, may take a
5.
different decision within one month of the date of receipt of
the referral.

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

Article 8

Article 10

Member State emergency measures

Member State measures applicable solely to fishing vessels
flying their flag

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

2. Member States intending to take emergency measures
the other
shall notify their
Member States and the Regional Advisory Councils concerned
by sending a draft of those measures, together with an explana-
tory memorandum, before adopting them.

intention to the Commission,

3.
The Member States and Regional Advisory Councils
concerned may submit their written comments to the Commis-
sion within five working days of the date of notification. The
Commission shall confirm, cancel or amend the measure within
15 working days of the date of notification.

4.
The Commission 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 to the Council within 10 working days of notification
of the decision.

6.
The Council, acting by qualified majority, may take a
different decision within one month of the date of receipt of
the referral.

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
addressing conservation and management specifically for this
area. The Member State measures shall be compatible with the
than
objectives set out
existing Community legislation.

in Article 2 and no less stringent

Where measures to be adopted by a Member State are liable to
affect the vessels of another Member State, such measures shall
be adopted only after the Commission, the Member State and

Member States may take measures for the conservation and
management of stocks in waters under their sovereignty or
jurisdiction provided that:

(a) they apply solely to fishing vessels flying the flag of the
Member State concerned and registered in the Community
or, in the case of fishing activities which are not conducted
by a fishing vessel, to persons established in the Member
State concerned and

(b) they are compatible with the objectives set out in Article
2(1) and no less stringent than existing Community legisla-
tion.

CHAPTER III

ADJUSTMENT OF FISHING CAPACITY

Article 11

Adjustment of fishing capacity

1. Member States shall put in place measures to adjust the
fishing capacity of their fleets in order to achieve a stable and
enduring balance between such fishing capacity and their
fishing opportunities.

the reference levels
2. Member States shall ensure that
expressed in GT and kW for fishing capacity referred to in
Article 12 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 Council Regulation (EC) No 3690/93 (1)
and, where provided for, the fishing authorisations as defined
in the relevant regulations. The capacity corresponding to the
licence, 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
the
comply with the reference levels under Article 12(1),
amount of
the capacity withdrawn shall be automatically
deducted from the reference levels. The reference levels thus
obtained shall become the new reference levels.

(1) OJ L 341, 31.12.1993, p. 93.

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On fishing vessels of 5 years of age or more, modernisa-
5.
tion over the main deck to improve safety on board, working
conditions, hygiene and product quality may increase the
tonnage of the vessel, provided that such modernisation does
not increase the ability of the vessel to catch fish. The reference
levels under this Article and Article 12 shall be adapted accord-
ingly. The corresponding capacity need not be taken into
account for the establishment of the balance of entries and exits
by Member States under Article 13.

The detailed rules and conditions for such measures may be
adopted in accordance with the procedure laid down in Article
30(2).

Article 12

Reference levels for fishing fleets

The Commission shall establish for each Member State
1.
reference levels expressed in GT and kW for the total fishing
capacity of the Community fishing vessels flying the flag of that
Member State in accordance with the procedure laid down in
Article 30(2).

The reference levels shall be the sum of the objectives of the
Multi-annual Guidance Programme 1997-2002 for
each
segment as fixed for 31 December 2002 pursuant to Council
Decision 97/413/EC (1).

2.
Implementing rules for the application of this Article may
be adopted in accordance with the procedure laid down in
Article 30(2).

Article 13

Entry/Exit scheme and overall capacity reduction

1. Member States shall manage entries into the fleet and
exits from the fleet in such a way that, from 1 January 2003:

(a) the entry of new capacity into the fleet without public aid
is compensated by the previous withdrawal without public
aid of at least the same amount of capacity,

(b) the entry of new capacity into the fleet with public aid
granted after 1 January 2003 is compensated by the
previous withdrawal without public aid of:
(i) at least the same amount of capacity, for the entry of

new vessels equal or less than 100 GT, or

Article 14

Exchange of information

Each year the Commission shall present a summary of
1.
the results of Member States' efforts to achieve a sustainable
balance between fishing capacity and fishing opportunities.
This summary shall be based on a yearly report from each
Member State to be sent to the Commission not later than 30
April of the following year.

The Commission's summary with the Member States' reports
attached, shall be sent before the end of
the year to the
European Parliament and the Council accompanied by the
opinions of the STECF and the Committee for Fisheries and
Aquaculture established under Article 30(1).

Implementing rules for these exchanges may be adopted

2.
in accordance with the procedure laid down in Article 30(2).

Article 15

Fishing fleet registers

Each Member State shall keep a register of the Commu-
1.
include the
nity fishing vessels flying its flag which shall
minimum information on vessel characteristics and activity that
is necessary for the management of measures established at
Community level.

Each Member State shall make available to the Commis-

2.
sion the information referred to in paragraph 1.

3.
The Commission shall set up a Community fishing fleet
register containing the information that it receives under para-
graph 2 and shall make it available to Member States. It shall
comply with Community provisions regarding the protection
of personal data.

4.
The information referred to in paragraph 1 and the
procedures for its transmission referred to in paragraphs 2 and
3 may be determined in accordance with the procedure laid
down in Article 30(2).

Article 16

(ii) at least 1,35 times that amount of capacity, for the

entry of new vessels of more than 100 GT.

Conditionality of Community financial assistance and
reduction of fishing effort

2.
From 1 January 2003 until 31 December 2004 each
Member State which chooses to enter into new public aid
commitments for fleet renewal after 31 December 2002 shall
achieve a reduction in the overall capacity of its fleet of 3 % for
the whole period in comparison to the reference levels referred
to in Article 12.

3.
Implementing rules for the application of this Article may
be adopted in accordance with the procedure laid down in
Article 30(2).

1.
Financial assistance under Council Regulation (EC) No
2792/1999 of 17 December 1999 laying down the detailed
rules and arrangements regarding Community structural assis-
tance in the fisheries sector (2), with the exception of funds for
the scrapping of fishing vessels, can be granted only as far as a
Member State has complied with Articles 11, 13 and 15 of this
Regulation and has provided the information required under
Council Regulation (EC) No 2792/99 and Commission Regula-
tion (EC) No 366/2001 (3).

(1) OJ L 175, 3.7.1997, p. 27. Decision as amended by Decision 2002/

70/EC (OJ L 31, 1.2.2002, p. 77).

(2) OJ L 337, 30.12.1999, p. 10. Regulation as last amended by Regu-

lation (EC) No 179/2002 (OJ L 31, 1.2.2002, p. 25).

(3) OJ L 55, 24.2.2001, p. 3.

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In this context, the Commission shall, after having afforded the
Member State concerned the possibility of being heard and as
far as proportionate to the degree of non compliance, suspend
financial assistance under Council Regulation (EC) No 2792/
1999 for the Member State concerned.

fishing vessels of a length between the perpendiculars of not
less than 26 metres, 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.

2.
If, on the basis of the information available, the Commis-
sion deems that the capacity of the fleet of a Member State
exceeds the capacity which it is bound to respect under Articles
11, 13 and 15, it shall inform the Member State concerned
thereof. This Member State shall immediately reduce its fishing
effort to the level which would have existed had Articles 11,
13 and 15 been complied with, without prejudice to the obli-
resulting from these Articles. The Member State
gations
reduction plan to the
its
concerned shall communicate
Commission for verification, in conformity with the procedure
laid down in Article 30(2), whether or not the reduction is
equivalent to the exceeded capacity.

CHAPTER IV

RULES ON ACCESS TO WATERS AND RESOURCES

Article 17

General rules

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

2.
In the waters up to 12 nautical miles from baselines
under their sovereignty or jurisdiction, Member States shall be
authorised from 1 January 2003 to 31 December 2012 to
restrict fishing 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 neighbourhood relations
between Member States and 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.

By 31 December 2011 the Commission shall present to the
European Parliament and the Council a report on the arrange-
ments set out in this paragraph. The Council shall decide before
31 December 2012 on the provisions which will follow the
abovementioned arrangements.

Article 18

Shetland Box

2.
Detailed rules of application and procedures for imple-
menting paragraph 1 may be adopted in accordance with the
procedure laid down in Article 30(2).

Article 19

Review of access rules

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

to waters and resources

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

Article 20

Allocation of fishing opportunities

1.
The Council, acting by qualified majority on a proposal
from the Commission, shall decide on catch and/or fishing
effort limits and on the allocation of
fishing opportunities
among Member States as well as the conditions associated with
those limits. Fishing opportunities shall be distributed among
Member States in such a way as to assure each Member State
relative stability of fishing activities for each stock or fishery.

2. When the Community establishes new fishing opportu-
nities the Council shall decide on the allocation for 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 in accordance with Community law. It
shall inform the Commission of the allocation method.

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

1.
For species of special importance in the region defined in
Annex II which are biologically sensitive by reason of their
fishing activity by Community
exploitation characteristics,

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

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CHAPTER V

COMMUNITY CONTROL AND ENFORCEMENT SYSTEM

(c) the buyer of fisheries products at first sale 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

(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;

Under the Community control and enforcement system, access
to waters and resources and the pursuit of activities as set out
in Article 1 shall be controlled and compliance with the rules
of the Common Fisheries Policy enforced.

Article 22

(e) the persons responsible for premises or transport vehicles

shall accept inspectors and cooperate with them;

(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.

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

A buyer acquiring products which are not thereafter placed on
the market but used only for private consumption shall be
exempt from the requirements of this paragraph.

Activities within the scope of

1.
the Common Fisheries
Policy shall be prohibited, unless the following requirements
are met:

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

provided for, its authorisations for fishing;

(b) a fishing vessel shall have installed on board a functioning
system which allows detection and identification of that
vessel by remote monitoring systems. This requirement
applies to vessels exceeding 18 metres length overall as
from 1 January 2004 and to vessels exceeding 15 metres
length overall as from 1 January 2005;

(c) the master shall without undue delay record and report
information on fishing activities,
including landings and
transhipments. Copies of the records shall be made avail-
able to the authorities. The Council shall decide in 2004 on
the obligation to transmit such records electronically. In
order to assess the technology to be used, Member States,
in cooperation with the Commission, shall carry out pilot
projects before 1 June 2004;

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

(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 requirements:

(a) fisheries products shall only be sold from a fishing vessel to

registered buyers or at registered auctions;

(b) the buyer of fisheries products from a fishing vessel at first

sale shall be registered with the authorities;

3.
For the implementation of paragraphs 1 and 2, detailed
rules may be adopted in accordance with the procedure laid
down in Article 30(2).

These rules may cover, in particular, documentation, recording,
reporting and information obligations of Member States,
masters, and any other legal and natural persons engaged in
activities falling within the scope of Article 1.

The rules may also provide exemptions from the obligations in
paragraphs 1 and 2, where they may be justified by the negli-
gible impact on living aquatic resources or by the dispropor-
tionate burden the obligations would create compared to the
economic importance of the activity.

Article 23

Responsibilities of Member States

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

2. Member States shall control
the activities carried out
within the scope of the Common Fisheries Policy on their terri-
tory or in the waters subject to their sovereignty or jurisdiction.
They shall also control access to waters and resources and
fishing activities outside Community waters by Community
fishing vessels flying their flag and, without prejudice to the
primary responsibility of the flag State of their nationals. They
shall be responsible for placing observers on board fishing
including the
vessels and for taking appropriate decisions,
prohibition of fishing activities.

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the measures, allocate the
3. Member States shall adopt
financial and human resources and set up the administrative
and technical structure necessary for ensuring effective control,
inspection and enforcement,
including satellite based moni-
toring systems. The Council shall decide in 2004 on the obliga-
tion to set up a means of remote sensing. In order to assess the
technology to be used, Member States in cooperation with the
Commission shall carry out pilot projects before 1 June 2004.
In each Member State, a single authority shall be responsible
for coordinating the collection and verification of information
on fishing activities and for reporting to and cooperating with
the Commission.

4. When the Commission has established that a Member
State has exceeded the fishing opportunities which have been
allocated to it, the Commission shall operate deductions from
future fishing opportunities of that Member State.

fishing opportunities

If, as a direct result of a Member State having exceeded the
fishing opportunities which had been allocated to it, another
Member State has not been able to exhaust its own fishing
opportunities,
to those
deducted under paragraph 1 may, totally or partly, be reallo-
cated to this Member State. Such reallocation shall be decided
taking into account the interest to conserve resources, as well
as
in compensation of both Member States
concerned.

the interest

equivalent

Decisions shall be taken by the Commission in accordance with
the procedure laid down in Article 30(2).

5.
Implementing rules for this article may be adopted in
accordance with the procedure laid down in Article 30(2),
including for the designation by the Member States of the
authority referred to in paragraph 3 of this Article, and the
rules for the deployment of observers, their responsibilities,
tasks and costs.

Article 24

Inspection and enforcement

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(5);

(e) measures to prevent the involvement of their nationals in
fisheries activities that do not respect the applicable conser-
vation and management measures, without prejudice to the
primary responsibility of the flag State.

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

Implementing rules, including benchmarks, for this Article may
be adopted in accordance with the procedure laid down in
Article 30(3).

Article 25

Follow-up of infringements

1. Member States shall ensure that appropriate measures are
taken, including administrative action or criminal proceedings
in conformity with their national law, against the natural or
legal persons responsible where the rules of the Common Fish-
eries Policy have not been respected.

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 to the seriousness of such infringements, effec-
tively discouraging further offences of the same kind.

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

3.
paragraph 2 may include,
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.
Notwithstanding the obligations referred to in paragraphs
1, 2 and 3, the Council shall establish, on the basis of the list
set out in paragraph 3, a catalogue of measures to be applied
by Member States relating to serious infringements, as defined
in Regulation (EC) No 1447/1999. The catalogue shall be
without prejudice to the choice of Member States to implement
these measures by way of administrative action or criminal
proceedings in conformity with their national law, as referred
to in paragraph 1.

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

Article 26

Responsibilities of the Commission

1. Without prejudice to the responsibilities of the Commis-
sion under the Treaty,
the Commission shall evaluate and
control the application of the rules of the Common Fisheries
Policy by the Member States, and facilitate coordination and
cooperation between them.

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If there is evidence that rules on conservation, control,
2.
inspection or enforcement under the Common Fisheries Policy
are not being complied with and that this may lead to a serious
threat to the conservation of living aquatic resources or the
effective operation of the Community control and enforcement
the Commission shall
system necessitating urgent action,
inform in writing the Member State concerned of its findings
and set a deadline of no less than 15 working days to demon-
strate compliance and to give its comments. The Commission
shall take account of Member States' comments in any action it
may take under paragraph 3.

3.
If there is evidence of a risk that fishing activities carried
out in a given geographical area could lead to a serious threat
to the conservation of living aquatic resources, the Commission
may take preventive measures.

These measures shall be proportionate to the risk of a serious
threat to the conservation of living aquatic resources.

They shall not exceed three weeks in duration. They may be
prolonged up to a maximum of six months, as far as necessary
for the conservation of living aquatic resources, by a decision
taken in accordance with the procedure laid down in Article
30(2).

The measures shall be lifted immediately when the Commission
finds that the risk no longer exists.

4.
In the event of a Member State's quota, allocation or
available share being deemed to be exhausted, the Commission
may, on the basis of the information available,
immediately
stop fishing activities.

Notwithstanding Article 23(2)

the Commission shall
5.
control
fishing activities in Community waters by fishing
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.

6.
Detailed rules for the application of this Article may be
adopted in accordance with the procedure laid down in Article
30(2).

(b) the conformity of national administrative practices and

inspection and surveillance activities with the rules;

(c) the existence of the required documents and their concor-

dance with the applicable rules;

(d) the circumstances in which control and enforcement activ-

ities are carried out by Member States.

For these purposes, the Commission may carry out inspections
on fishing 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
Inspections by the
needed to exercise
Commission carried out of its own accord and without the
assistance of inspectors of the Member State concerned shall
take place only on fishing vessels and places of first landing or
first sales, and shall be limited to areas or stocks subject to a
specific monitoring programme decided under Article 34c of
Regulation (EEC) No 2847/93.

responsibility.

its

Commission inspectors shall produce written authority stating
their identity and capacity. Commission inspectors shall have
no powers going beyond those of national inspectors and they
shall have no police and enforcement powers. In particular, a
Commission inspection without assistance of inspectors of the
Member State concerned may not be carried out
the
inspected party objects.

if

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

Inspection reports shall be made available to the Member

2.
State concerned.

The Commission shall provide the Member State concerned
with the possibility to comment on the findings in the report.
It shall comply with Community provisions regarding the
protection of personal data.

When the Commission carries out an inspection on its own
accord and not accompanied by national
inspectors of the
Member State concerned,
inform that Member State
it shall
thereof within one day of the end of the inspection and make
available, within one month, a report on the findings.

Article 27

Member States shall not be obliged to act against individuals
on the basis of the findings in the abovementioned report.

Evaluation and control by the Commission

1.
For the purpose of evaluating and controlling the applica-
tion of the rules of the Common Fisheries Policy by Member
States, the Commission may, of its own accord and by its own
means, initiate and carry out audits, inquiries, verifications and
the
inspections concerning the application of
Common Fisheries Policy by the Member States.
It may in
particular verify:

the rules of

(a) the implementation and application of

those rules by

Member States and their competent authorities;

3.
Detailed rules for the application of this Article may be
adopted in accordance with the procedure laid down in Article
30(2).

4.
Every three years the Commission shall draw up an
evaluation report to be submitted to the European Parliament
and the Council on its action under paragraph 1 and on the
application of
the Common Fisheries Policy rules by the
Member States. Each year Member States shall be informed of
the number of inspections under paragraph 1 carried out by
the Commission in each Member State, broken down by type
of inspection.

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Article 28

CHAPTER VI

Cooperation and coordination

DECISION-MAKING AND CONSULTATION

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, Member States shall
afford other Member States and third countries the assistance
needed to ensure compliance with those rules.

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.

3. Without prejudice to the primary responsibility of the
coastal Member State, Member States shall be authorised to
flag in all
inspect Community fishing vessels flying their
Community waters outside waters under the sovereignty of
another Member State.

Member States shall also be authorised to carry out inspections
in accordance with the rules of the Common Fisheries Policy
relating to fishing activities in all Community waters outside
waters under their sovereignty on fishing vessels, only:

(a) after authorisation by the coastal Member State concerned,

or

(b) where a specific monitoring programme has been adopted
in accordance with Article 34c of Regulation (EEC) No
2847/93.

Member States shall be authorised to inspect Community
fishing vessels flying the flag of another Member State in inter-
national waters.

In cases other than those provided for in this paragraph,
Member States may authorise each other to carry out inspec-
tions in accordance with the rules of the Common Fisheries
Policy.

4.
On the basis of appointments by Member States commu-
nicated to the Commission, the Commission shall establish, in
accordance with the procedure laid down in Article 30(2), a list
of Community inspectors,
inspection vessels and inspection
aircraft and other means of inspection authorised to carry out
inspections under this Chapter in Community waters and on
Community fishing vessels.

5.
Inspection and surveillance reports drawn up by Commu-
nity inspectors or inspectors of another Member State or
Commission inspectors shall constitute admissible evidence in
administrative or judicial proceedings of any Member State. For
establishing facts they shall be treated equally to inspection and
surveillance reports of the Member States.

Detailed rules for the application of this Article may be
6.
drawn up in accordance with the procedure laid down in
Article 30(2).

Paragraphs 3 and 4 of this Article shall only apply once imple-
menting rules have been laid down.

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 30

Committee for fisheries and aquaculture

The Commission shall be assisted by a Committee for

1.
Fisheries and Aquaculture.

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

The period laid down 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 laid down in Article 5(6) of Decision 1999/468/EC
shall be set at 60 working days.

4.

The Committee shall adopt its rules of procedure.

Article 31

Regional Advisory Councils

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

2.
Regional Advisory Councils shall be composed principally
of fishermen and other representatives of interests affected by
the Common Fisheries Policy, such as representatives of the
fisheries and aquaculture sectors, environment and consumer
interests and scientific experts from all Member States having
fisheries interests in the sea area or fishing zone concerned.

3.
Representatives of national and regional administrations
having fisheries interests in the sea area or fishing zone
concerned shall have the right to participate in the Regional
Advisory Councils as members or observers. The Commission
may be present at their meetings.

4.
Regional Advisory Councils may be consulted by the
Commission in respect of proposals for measures, such as
multi-annual recovery or management plans, to be adopted on
the basis of Article 37 of the Treaty that it intends to present
and that relate specifically to fisheries in the area concerned.
They may also be consulted by the Commission and by the
Member States in respect of other measures. These consulta-
tions shall be without prejudice to the consultation of the
STECF and of the Committee for Fisheries and Aquaculture.

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5.

Regional Advisory Councils may:

(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;

(b) inform the Commission or the Member State concerned of
problems relating to the implementation of Community
rules and submit recommendations and suggestions addres-
sing such problems to the Commission or the Member
State concerned;

(c) conduct any other activities necessary to fulfil their func-

tions.

Regional Advisory Councils shall
Fisheries and Aquaculture of their activities.

inform the Committee for

Article 32

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. A Regional Advisory Council shall adopt its rules of
procedure.

Article 33

Scientific, Technical

and Economic Committee
Fisheries

for

1.
A Scientific, Technical and Economic Committee for Fish-
eries (STECF) shall be established. The STECF shall be consulted
at regular intervals on matters pertaining to the conservation

and management of living aquatic resources, including biolo-
gical, economic, environmental, social and technical considera-
tions.

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 34

Repeal

Regulations (EEC) No 3760/92 and (EEC) No 101/76 are

1.
hereby repealed.

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

Article 35

Review

The Commission shall report to the European Parliament and
the Council on the operation of the Common Fisheries Policy
with respect to Chapters II and III before the end of 2012.

Article 36

Entry into force

This Regulation shall enter into force on 1 January 2003.

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

Done at Brussels, 20 December 2002.

For the Council

The President

M. FISCHER BOEL

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ANNEX I

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

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.

3.

4.

5.

Flamborough Head east
Spurn Head east

Lowestoft east
Lyme Regis south

Lyme Regis south
Eddystone south

Eddystone south
Longships south-west

6.

Longships south-west
Hartland Point north-west

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

8.

9.

From a line due west Lundy Island to Cardigan Harbour

Point Lynas North
Morecambe Light Vessel east

10. County Down

11. New Island north-east

Sanda Island south-west

12. Port Stewart north
Barra Head west

13. Latitude 57°40'N

Butt of Lewis west

14. St Kilda, Flannan Islands

Herring

Herring

Unlimited

Unlimited

All species

Unlimited

Demersal

Unlimited

Demersal

Scallops

Lobster

Crawfish

Demersal

Crawfish

Lobster

Demersal

All species

All species

Demersal

All species

Unlimited

Unlimited

Unlimited

Unlimited

Unlimited

Unlimited

Unlimited

Unlimited

Unlimited

Unlimited

Unlimited

Unlimited

All species

Unlimited

All species
Except shellfish

All species

Unlimited

Unlimited

Unlimited

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

All species

59°30'N-5°45'W

B. ACCESS FOR IRELAND

Geographical area

Species

Importance or
particular
characteristics

United Kingdom coast (6 to 12 nautical miles)

1.

Point Lynas north
Mull of Galloway south

2. Mull of Oa west
Barra Head west

Demersal

Nephrops

Demersal

Nephrops

Unlimited

Unlimited

Unlimited

Unlimited

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C. ACCESS FOR GERMANY

Geographical area

Species

Importance or
particular
charactristics

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, Whitby High lighthouse east

Herring

Unlimited

3. North Foreland lighthouse east, Dungeness new lighthouse south Herring

Unlimited

4. Zone around St Kilda

Herring

Unlimited

5. Butt of Lewis lighthouse west to the line joining Butt of Lewis

Herring

Unlimited

lighthouse and the point 59°30'N-5°45'W

6. Zone around North Rona and Sulisker (Sulasgeir)

Herring

Unlimited

Mackerel

Unlimited

D. ACCESS FOR THE NETHERLANDS

Geographical area

Species

Importance or
particular
characteristics

United Kingdom coast (6 to nautical 12 miles)

1.

East of Shetlands and Fair Isle between lines drawn due south-
east from Sumburgh 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

Herring

Unlimited

Unlimited

E. ACCESS FOR BELGIUM

Geographical area

Species

Importance or
particular
characteristics

United Kingdom coast (6 to nautical 12 miles)

1. Berwick upon Tweed east

Coquer Island east

2. Cromer north

North Foreland east

3. North Foreland east

Dungeness new lighthouse south

Herring

Unlimited

Demersal

Unlimited

Demersal

Unlimited

Herring

Unlimited

4. Dungeness new lighthouse south, Selsey Bill south

Demersal

Unlimited

5.

Straight Point south-east, South Bishop north-west

Demersal

Unlimited

L 358/74

EN

Official Journal of the European Communities

31.12.2002

2. COASTAL WATERS OF IRELAND

A. ACCESS FOR FRANCE

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

B. ACCESS FOR THE UNITED KINGDOM

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

Geographical area

Species

Importance or
particular
characteristics

Irish coast (6 to 12 miles)

1. Mine Head south
Hook Point

2. Hook Point

Carlingford Lough

Demersal

Herring

Mackerel

Demersal

Herring

Mackerel

Nephrops

Scallops

Unlimited

Unlimited

Unlimited

Unlimited

Unlimited

Unlimited

Unlimited

Unlimited

C. ACCESS FOR THE NETHERLANDS

Geographical area

Species

Importance or
particular
characteristics

Irish coast (6 to 12 miles)

1.

Stags south
Carnsore Point south

Herring

Mackerel

Unlimited

Unlimited

31.12.2002

EN

Official Journal of the European Communities

L 358/75

D. ACCESS FOR GERMANY

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

3 to 12 nautical miles

Netherlands

All species

Unlimited

France

Herring

Unlimited

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)

Germany

Flatfish

Shrimps
prawns

Unlimited

and

Unlimited

Danish/German frontier to Blåvands Huk

Netherlands

Flatfish

Unlimited

Roundfish

Unlimited

Blåvands Huk to Bovbjerg

Belgium

Cod

Unlimited only during June
and July

Haddock

Unlimited only during June
and July

Germany

Flatfish

Netherlands

Plaice

Sole

Unlimited

Unlimited

Unlimited

L 358/76

EN

Official Journal of the European Communities

31.12.2002

Geographical areas

Member State

Species

Thyborøn to Hanstholm

Belgium

Whiting

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

Germany

Netherlands

Belgium

Germany

Netherlands

Kattegat

Germany

North of Zeeland to the parallel of the lati-
tude passing through Forsnæs lighthouse

Germany

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

Germany

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

Sprat

Flatfish

Cod

Herring

Sprat

Eel

Salmon

Whiting

Mackerel

Importance or particular
characteristics

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

Unlimited

31.12.2002

EN

Official Journal of the European Communities

L 358/77

Geographical areas

Member State

Species

Importance or particular
characteristics

Skagerrak
(4 to 12 miles)

Kattegat
(3 (1) to 12 miles)

Baltic Sea
(3 to 12 miles)

(1) Measured from the coast line.

Sweden

All species

Unlimited

Sweden

All species

Unlimited

Sweden

All species

Unlimited

5. COASTAL WATERS OF GERMANY

Geographical area

Member State

Species

Importance or particular
characteristics

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

Denmark

Demersal

Sprat

Sand-eel

Netherlands

Demersal

Unlimited

Unlimited

Unlimited

Unlimited

Danish/German frontier to the northern tip
of Amrum at 54°43(cid:1)N

Denmark

Shrimps
prawns

Shrimps
prawns

and

Unlimited

and

Unlimited

Zone around Helgoland

United Kingdom

Cod

Baltic coast
(3 to 12 miles)

Denmark

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 Departe-
ment Manche (Vire-Grandcamp les Bains
estuary 49° 23' 30" N-1° 2 'WNNE)

Belgium

Demersal

Scallops

Netherlands

All species

Unlimited

Unlimited

Unlimited

Dunkerque
(0° 10' E)

(2° 20' E)

to Cap d'Antifer

Germany

Herring

Unlimited
October to December

only

during

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

United Kingdom

Herring

Unlimited

L 358/78

EN

Official Journal of the European Communities

31.12.2002

Geographical area

Member State

Species

Importance or particular
characteristics

Atlantic Coast (6 to 12 nautical miles)

Spanish/French frontier to 46° 08(cid:1) N

Spain

Anchovies

Sardines

Directed fishing, unlimited
only from 1 March to 30
June

Fishing for live bait from 1
July to 31 October only.

Unlimited
from 1
only
January to 28 February and
from 1 July to 31 December,

the

In addition, activities relating
to
abovementioned
species must be pursued in
accordance with and within
the limits of
the activities
pursued during 1984

Mediterranean coast
miles)

(6 to 12 nautical

Spanish frontier Cap Leucate

Spain

All species

Unlimited

7. COASTAL WATERS OF SPAIN

Geographical area

Member State

Species

Importance or particular
characteristics

Atlantic coast (6 to 12 nautical miles)

French/Spanish frontier to Cap Mayor light-
house (3° 47' W)

France

Pelagic

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

Mediterranean coast
miles)

(6 to 12 nautical

French frontier/Cap Creus

France

All species

Unlimited

8. COASTAL WATERS OF THE NETHERLANDS

Geographical area

Member State

Species

Importance or particular
characteristics

(3 to 12 nautical miles) whole coast

Belgium

All species

Unlimited

Denmark

Demersal

Sprat

Sand-eel

Unlimited

Unlimited

Unlimited

Horse-mackerel

Unlimited

Germany

Cod

Unlimited

Shrimps
Prawns

and

Unlimited

(6 to 12 nautical miles) whole coast

France

All species

Unlimited

Texel south point, west to the Netherlands/
German frontier

United Kingdom

Demersal

Unlimited

31.12.2002

EN

Official Journal of the European Communities

L 358/79

9. COASTAL WATERS OF FINLAND

Geographical area

Member State

Species

Importance or particular
characteristics

Baltic Sea (4 to 12 miles) (*)

Sweden

All species

Unlimited

(*) 3 to 12 miles around Bogskär Isles.

10. COASTAL WATERS OF SWEDEN

Geographical area

Member State

Species

Importance or particular
characteristics

Skagerrak (4 to 12 nautical miles)

Kattegat (3 (*) to 12 miles)

Baltic Sea (4 to 12 miles)

(*) Measured from the coastline.

Denmark

Denmark

Denmark

Finland

All species

All species

All species

All species

Unlimited

Unlimited

Unlimited

Unlimited

L 358/80

EN

Official Journal of the European Communities

31.12.2002

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 authorised to fish for
demersal species, other than Norway pout and blue whiting:

Member State

Number of fishing vessels authorised

France
United Kingdom
Germany
Belgium

52
62
12
2