Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95
Date: 2003-11-04
Institutions: Council of the European Union
Subjects: fishery management, fishery resources, fishing area, fishing grounds, fishing regulations

7.11.2003

EN

Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1954/2003

of 4 November 2003

on the management of the fishing effort relating to certain Community fishing areas and resources
and modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No
2027/95

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Articles 37 and 299(2) thereof,

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

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

Whereas:

(1)

(2)

(3)

Article 4 of Council Regulation (EEC) No 2371/2002 of
20 December 2002 on the conservation and sustainable
exploitation of fisheries resources under the Common
Fisheries Policy (3) provides that the Council shall estab-
lish Community measures governing access to waters
and resources and the sustainable pursuit of
fishing
activities.

The regime of access to certain areas and resources
defined in the Articles 156 to 166 and Articles 347 to
353 of the Act of Accession of Spain and Portugal has
expired on 31 December 2002. Consequently, certain
provisions of Council Regulation (EC) No 685/95 of 27
March 1995, on the management of the fishing effort
relating to certain Community fishing areas
and
resources (4), and Council Regulation (EC) No 2027/95
of 15 June 1995, establishing a system for the manage-
ment of fishing effort relating to certain Community
fishing areas and resources (5) need to be adapted to the
new legal situation.

Other provisions laid down in Regulations (EC) No 685/
95 and (EC) No 2027/95 are designed to establish a
general system for the management of fishing effort in
order to prevent an increase in fishing effort and are not
related to the Act of Accession of Spain and Portugal.
Those provisions are important for fisheries manage-
ment and should be maintained.

(4)

(5)

(6)

(7)

In order to ensure that there is no increase in the overall
levels of existing fishing effort, it is necessary to establish
a new fishing effort management regime in ICES areas
V, VI, VII, VIII, IX and X and CECAF divisions 34.1.1,
34.1.2 and 34.2.0. This regime shall limit fishing effort
on the basis of the fishing effort deployed in these fish-
eries during the period 1998 to 2002.

rules,

the general

In order to ensure consistency between different fishing
effort management
fishing effort
limitation provided for in this Regulation should be
reviewed whenever the Council adopts fishing effort
management rules for fisheries in the same area or part
of it, as part of a recovery plan. A review of the imple-
mentation of the present scheme by December 2006
would also allow the Council to reassess the situation.

It is necessary for the protection of the sensitive biolo-
gical situation of the waters around the Azores, Madeira
and the Canary Islands and the preservation of the local
economy of these islands, having regard to their struc-
tural, social and economic situation,
to limit certain
fishing activities in those waters to vessels registered in
the ports of these islands. A review of these measures by
December 2006 would allow the Council to reassess the
situation.

An area to the South and West of Ireland has been iden-
tified as an area of high concentration of juvenile hake.
This area has been made subject to special restrictions
on the use of demersal gear. For the same conservation
purpose it should also be subject to specific effort limita-
tion requirements within the general system described
above. A review of these requirements by December
2008 would allow the Council to reassess the situation.

(1) Proposal of 17 December 2002 (not yet published in the Official

Journal).

(2) Opinion of 4 June 2002 (not yet published in the Official Journal).
(3) OJ L 358, 31.12.2002, p. 59.
(4) OJ L 71, 31.3.1995, p. 5.
(5) OJ L 199, 24.8.1995, p. 1. Regulation as amended by Regulation

(EC) No 149/1999 (OJ L 18, 23.1.1999, p. 3).

(8)

It is the responsibility of flag Member States to adopt
measures to regulate fishing effort; as a result, it is neces-
sary to ensure transparency and equity of management
and monitoring procedures.

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(9)

Taking account of the special conservation requirements
of species having a geographic distribution that extends
into the waters under the sovereignty or jurisdiction of
more than one Member State, Member States should be
authorised to limit fishing activities by vessels flying
their flag to specific gear, seasons and areas.

(10)

It should be possible for the Commission to adjust the
limits, based on a justified
maximum fishing effort
request from a Member State, to allow it to fully utilise
its fishing possibilities.

regime it

(11) As a consequence of the change in the fishing effort
management
is necessary to make corre-
sponding changes in Titles IIA and III of the Council
Regulation (EEC) No 2847/93 of 12 October 1993,
establishing a control system applicable to the common
fisheries policy (1).

(12)

(13)

In order to ensure legal certainty, to avoid alterations in
the current balance in the areas and resources involved
and to guarantee that the fishing effort deployed is in
balance with available resources, Regulations (EC) No
685/95 and (EC) No 2027/95 should be repealed.

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 (2),

Article 2

Definitions

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

(a) ICES and CECAF zones are as defined in Council Regulation
(EEC) No 3880/91 of 17 December 1991 on the submis-
sion of nominal catch statistics by Member States fishing in
the Northeast Atlantic (3);

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

CHAPTER II

FISHING EFFORT MANAGEMENT REGIME

Ti tle I

P rovi si on s c on c e rn i n g c e rt ai n fi she ri e s

Article 3

Measures concerning the catching of demersal species and
certain molluscs and crustaceans

Except for the area defined in Article 6(1), Member States

1.
shall:

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Scope

fisheries,

excluding demersal

(a) assess the levels of fishing effort exerted by vessels equal to
or more than 15 metres in length overall, as an annual
average of the period 1998 to 2002, in each of the ICES
areas and CECAF divisions referred to in Article 1 for
demersal
those
covered by Council Regulation (EC) No 2347/2002 of 16
December 2002 establishing specific access requirements
and associated conditions applicable to fishing for deep-sea
stocks (4) and fisheries for scallops, edible crab and spider
crab, as laid down in the Annex to this Regulation. For the
calculation of fishing effort the fishing capacity of a vessel
shall be measured as the installed power expressed in kilo-
watts (kW);

fisheries,

(b) allocate the level of fishing effort assessed conforming to
subparagraph (a) in each ICES area or CECAF division, with
regard to each of the fisheries mentioned in subparagraph
(a).

2.
The effort regime laid down in paragraph 1 shall be
without prejudice to the regimes laid down in the recovery
plans which may be adopted by the Council.

This Regulation establishes the criteria and procedures for a
system relating to the management of fishing effort in ICES
areas V, VI, VII, VIII, IX and X and CECAF divisions 34.1.1,
34.1.2 and 34.2.0.

3. When a recovery plan which involves management of
fishing effort in all or part of the areas or divisions referred to
in Article 1 is adopted by the Council, this plan shall at the
same time make any necessary adjustment to this Regulation.

(1) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regula-

(3) OJ L 365, 31.12.1991, p. 1. Regulation as amended by Commission

tion (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

Regulation (EC) No 1637/2001 (OJ L 222, 17.8.2001, p. 20).

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

(4) OJ L 351, 28.12.2002, p. 6.

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By 31 December 2006 the Commission shall present to
4.
the European Parliament and the Council a report assessing the
implementation of the effort regime laid down in paragraph 1.
On the basis of this report the Council shall decide on any
necessary adjustment to be made to the regime.

— latitude 53° 30' N, longitude 12° 00' W

— latitude 53° 00' N, longitude 12° 00' W

— latitude 51° 00' N, longitude 11° 00' W

— latitude 49° 30' N, longitude 11° 00' W

Article 4

— latitude 49° 30' N, longitude 07° 00' W

Fishing vessels equal to or less than 15 metres

— a point on the coast of Ireland at longitude 07° 00' W.

1.
The fishing effort of fishing vessels equal to or less than
15 metres in length overall shall be assessed globally for each
fishery and area or division referred to in Article 3(1) during
the period 1998 to 2002.

2.
The fishing effort of fishing vessels equal to or less than
10 metres in length overall shall be assessed globally for each
fishery and area or division referred to in Article 6(1) during
the period 1998 to 2002.

3. Member States shall ensure that the fishing effort of these
fishing effort assessed
vessels
conforming to paragraphs 1 and 2.

limited to the level of

is

2.
In the area defined in paragraph 1, Member States shall
assess the levels of fishing effort exerted by vessels equal to or
more than 10 metres in length overall, as an annual average of
the period 1998 to 2002, for demersal fisheries, excluding
those covered by Regulation (EC) No 2347/2002, and fisheries
for scallops, edible crab and spider crab, and allocate the level
of fishing effort thus assessed for each of those fisheries.

3.
By 31 December 2008 the Commission shall present to
the European Parliament and the Council a report assessing the
effort regime laid down in paragraphs 1 and 2 in conjunction
with other management measures in the area concerned. On
the basis of this report the Council shall decide on any neces-
sary adjustment to be made.

Article 5

Conditions for certain fishing activities

In the waters up to 100 nautical miles from the baselines
1.
of the Azores, Madeira and the Canary Islands, the Member
States concerned may restrict fishing to vessels registered in the
ports of these islands, except for Community vessels that tradi-
tionally fish in those waters in so far as these do not exceed the
fishing effort traditionally exerted.

Ti tle III

Gen e ral p rovisi ons

Article 7

Lists of vessels

Implementing rules for the provisions of this paragraph shall
be adopted by the Commission in accordance with the proce-
dure laid down in Article 30(2) of Regulation (EC) No 2371/
2002.

1.
The Member States shall establish a list of fishing vessels
flying their flag and registered in the Community which are
authorised to carry out their fishing activities in the fisheries
defined in Articles 3 and 6.

2.
By 31 December 2006 the Commission shall present to
the European Parliament and the Council a report on the appli-
cation of the provisions laid down in paragraph 1 and, if neces-
sary, shall submit to the Council proposals to adapt these
provisions.

2. Member States may subsequently replace vessels entered
on their list provided that the total fishing effort of vessels in
any area and fishery defined in Articles 3 and 6 does not
increase.

T i tle II

Article 6

Conditions in the biologically sensitive area

Article 8

Regulation of fishing effort

1.
The Member States shall take the necessary measures to
regulate the fishing effort where the fishing effort corre-
sponding to free access for fishing vessels entered on the lists
of vessels referred to in Article 7 exceeds the allocated effort.

1.
A specific effort regime shall apply to the area enclosed
by the coast of Ireland to the south of 53° 30' N and to the
west of 07° 00' W and straight lines sequentially joining the
following geographical coordinates:

— a point on the coast of Ireland at latitude 53° 30' N

2. Member States shall regulate fishing effort by monitoring
the activity of their fleet and by taking appropriate action if the
level of the fishing effort authorised under Article 11 is about
to be reached, to ensure that effort does not exceed the set
limits.

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Each Member State shall issue special fishing permits for
3.
vessels flying its flag which engage in fishing activities in the
fisheries referred to in Articles 3 and 6 in accordance with
Council Regulation (EC) No 1627/94 of 27 June 1994 laying
down general provisions concerning special fishing permits (1).

Article 9

The Member States may limit fishing activities by vessels flying
their flag to specific gear, seasons or parts of an ICES area or
CECAF division.

Article 10

Notification

Before 30 November 2003, Member States shall notify

1.
the Commission of:

(a) the list of vessels referred to in Article 7;

(b) the assessment of the fishing effort as described in Articles

3 and 6;

(c) the fishing effort regulation measures, as referred to in

Article 8.

2. Member States shall periodically communicate to the
Commission each amendment made to the information referred
to in paragraph 1.

The Commission shall forward the information referred

3.
to in paragraphs 1 and 2 to all other Member States.

4. Member States, when submitting the list of vessels
referred to in Article 7, shall highlight those changes that have
been made from the last
list notified under Article 1 of
Commission Regulation (EC) No 2092/98 of 30 September
1998, concerning the declaration of fishing effort relating to
certain Community fishing areas and resources (2).

Article 11

Decision-making

1.
On the basis of the information referred to in Article 10
and after close consultation with the Member States concerned
the Commission shall submit to the Council, by 29 February
2004, a proposal for a Regulation fixing the maximum annual
fishing effort for each Member State and for each area and
fishery defined in Articles 3 and 6.

The Council, acting by qualified majority on the proposal
2.
from the Commission, shall, by 31 May 2004, decide on the
maximum annual fishing effort referred to in paragraph 1.

The Regulation, which will be adopted by the Council, may
provide for the adoption of implementing rules, in accordance
with the procedure laid down in Article 30(2) of Regulation
(EC) No 2371/2002.

(1) OJ L 171, 6.7.1994, p. 7.
(2) OJ L 226, 1.10.1998, p. 47.

Should the Council fail to reach a decision by 31 May
3.
2004, the Commission shall adopt, by 31 July 2004, a Regula-
tion fixing the maximum annual fishing effort for each Member
State and for each area and fishery defined in Articles 3 and 6,
on the basis of the proposal referred to in paragraph 1,
in
accordance with the procedure laid down in Article 30(2) of
Regulation (EC) No 2371/2002.

Article 12

Adaptations

1.
Upon request of a Member State, the maximum annual
fishing effort fixed in the Regulation under Article 11(2) or (3)
may be adjusted by the Commission, either by an increase of
the maximum fishing effort in a particular area or division, or
by a shift of fishing effort between areas or divisions, allowing
the Member State to take up fully its fishing possibilities, in the
case of species subject to TACs, or to pursue fisheries not
subject to such limitations. The request shall be accompanied
by information on the lack of full utilisation of quotas and, for
stocks not subject to TACs, scientific information on the stock
situation. Decisions shall be taken by the Commission within
one month of receipt of the request, in accordance with the
procedure laid down in Article 30(2) of Regulation (EC) No
2371/2002.

2.
The maximum fishing effort referred to in Article 11 shall
be adapted by the Member States concerned in view of
exchanges of quotas carried out pursuant to Article 20(5) of
Regulation (EC) No 2371/2002 and reallocations and/or deduc-
tions made pursuant to Article 23(4) of Regulation (EC) No
2371/2002 and Article 21(4), Article 23(1) and Article 32(2)
of Regulation (EEC) No 2847/93, in conformity with paragraph
3 of this Article.

3. Where Member States decide to exchange all or part of
the fishing opportunities allocated to them, they shall notify
the Commission not only of that exchange expressed in fishing
quotas but also expressed in fishing effort relating thereto, as
agreed between them.

In the event of reallocations and/or deductions of quotas, the
Member States shall notify the Commission of the fishing effort
corresponding to such reallocations and/or deductions.

CHAPTER III

CONTROL REGIME

Article 13

Special control provisions

For the purpose of this Regulation, Title IIA of Regulation
(EEC) No 2847/93 shall apply:

(a) in the area defined in Article 6(1) of this Regulation;

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(b) in all areas, except the area defined in Article 6(1), with
exemption of Articles 19a(3), 19b, 19c, 19d and 19e(3) of
Regulation (EEC) No 2847/93.

Article 14

Amendments

Regulation (EEC) No 2847/93 is hereby amended as follows:

1. Article 19a shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

For

the purpose of

‘1.
this Title “fishing areas
concerned” means the ICES areas or CECAF divisions to
which fishing effort limitation schemes apply pursuant
to Community regulations.’

(b) paragraph 2 shall be replaced by the following:

‘2.
Community fishing vessels are prohibited to carry
out fishing activities in the fishing areas concerned if the
vessel has not been duly authorised to that end by the
Flag Member State.’

2. Article 19g shall be replaced by the following:

‘Article 19g

Each Member State shall record the fishing efforts deployed
by vessels flying its flag in each fishing area concerned on
the basis of available information contained in vessels'
logbooks and information collected in accordance with
Article 19e(4).’

3. Article 19h shall be replaced by the following:

‘Article 19h

Each Member State shall assess in overall terms the fishing
efforts deployed by vessels flying its flag, which have a
in each
length of less than 15 metres in length overall,
fishing area concerned and by vessels, which have a length
of less than 10 metres in length overall, in the area referred
to in Article 6 of Council Regulation (EC) No 1954/2003 of
4 November 2003 on the management of the fishing effort
and
to
relating
resources (*).

certain Community

fishing

areas

(*) OJ L 289, 7.11.2003, p. 1.’

4.

in Article 19i, the first indent shall be replaced by the
following:

6. the current Article 19j becomes Article 19k;

7.

in Article 20a, (1) and (2) shall be replaced by the following:

‘1. Where fishing vessels to which Title IIA applies carry
out fishing activities in the fishing areas concerned they
may carry with them and use only the corresponding fishing
gear or gears.

2.
However, fishing vessels also fishing in fishing areas
other than those referred to in paragraph 1 during the same
trip may carry gear corresponding to their activities in the
areas concerned, provided that gear kept on board and not
authorised for use in the fishing areas referred to in para-
graph 1 is stowed so that it may not be readily used, in
accordance with the second subparagraph of Article 20(1).’

8. Article 21a shall be replaced by the following:

‘Article 21a

Each Member State shall determine the date on which the
vessels flying its flag or registered in the Community shall
be deemed to have reached the maximum fishing effort level
in a fishing area as laid down in the Regulation referred to
in Article 11(2) or (3) of Regulation (EC) No 1954/2003. As
from that date,
it shall provisionally prohibit the fishing
activities of the said vessels in that area. The Commission
shall be notified forthwith of this measure and shall then
inform the other Member States.’

CHAPTER IV

FINAL PROVISIONS

Article 15

Repeal

Regulations (EC) No 685/95 and (EC) No 2027/95 shall

1.
be repealed with effect from:

(a) the date of entry into force of the Regulation referred to in

Article 11(2) or (3);

or

(b) 1 August 2004,

whichever is the earlier.

‘— in the previous month for each fishing area concerned
for demersal species, before the 15th of each month’

References made to the repealed Regulations shall be

2.
construed as being made to this Regulation.

5. the following Article shall be inserted after Article 19i:

‘Article 19j

Each Member State shall notify, without delay, to the other
Member States, the identification details of the vessels flying
its flag for which the authorisation to carry out fishing
activities in one or more of the fisheries referred to in Arti-
cles 3 and 6 of Regulation (EC) No 1954/2003 is suspended
or withdrawn.’

Article 16

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 Union.

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

Done at Brussels, 4 November 2003.

For the Council

The President

G. TREMONTI

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ANNEX

Fishery

Target species

ICES area or CECAF division

Demersal species excluding those covered by Regulation
(EC) No 2347/2002

ICES V, VI

ICES VII

ICES VIII

ICES IX

ICES X

CECAF 34.1.1

CECAF 34.1.2

CECAF 34.2.0

B

Scallops

C

Target species

ICES area or CECAF division

Fishery

ICES V, VI

ICES VII

ICES VIII

ICES IX

ICES X

CECAF 34.1.1

CECAF 34.1.2

CECAF 34.2.0

Target species

ICES area or CECAF division

Fishery

Edible crab and spider crab

ICES V, VI

ICES VII

ICES VIII

ICES IX

ICES X

CECAF 34.1.1

CECAF 34.1.2

CECAF 34.2.0