Proposal for a Council Regulation fixing the maximum annual fishing effort for certain fishing areas and fisheries
Date: 2004-03-12
Institutions: European Commission
Subjects: fishery management, fishing area, fishing regulations, fishing rights, fishing vessel

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.3.2004 
COM(2004) 166 final 

Proposal for a 

COUNCIL REGULATION 

fixing the maximum annual fishing effort for certain fishing areas and fisheries 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

Article 11 of Council Regulation (EC) No 1954/2003 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 foresees that, 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 of Regulation (EC) No 1954/2003. 
Article 10 of Regulation (EC) No 1954/2003 stipulates that the data required would be sent to 
the Commission before 30 November 2003. 

Due to the fact that information referred to in Article 10 was only provided by some Member 
States during the week of 9th – 13th February 2004, the consultation with the Member States 
could not begin before this date. 

Following  close  consultation  with  the  Member  States  concerned  by  the  Western  Waters 
Regulation the Commission, presents herewith, at the earliest possible date, a proposal fixing 
effort  ceilings  by  fishery  defined  in  the  Annex  to  Regulation  (EC)  No  1954/2003,  with  the 
following observations: 

1. Comparisons of the evaluation of the effort limits submitted by Member States in relation 
to  Articles  3  and  6  of  Regulation  (EC)  No  1954/2003  and  of  the  effort  limits  set  under  the 
previous Western Waters regime were complicated for the following reasons: 

- the group of vessels covered by the new regime is bigger than those covered by the previous 
one because of a different definition of length; 

-  fixed  demersal  and  towed  demersal  gears  are  grouped  together  in  the  new  regulation,  but 
were separated in the previous regulation; 

- the geographical areas defined by the new regulation, including the biological sensitive area, 
are different from before (the whole of ICES V is now included); 

- the definition of a fishing vessel’s activity is more precise in the new regime. 

2.  In  spite  of  these  difficulties,  and  following  close  consultation  with  Member  States,  the 
Commission is now able to present effort ceilings that represent a reasonable balance between 
the  previously  established  effort  ceilings  and  the  real  fishing  activity,  during  the  reference 
period, of the vessels concerned in the areas covered by the new Western Waters regime. 

The following criteria were used for the calculation of the effort ceilings 

-  fishing  activity  for  a  vessel,  measured  in  days  spent  at  sea  absent  from  port,  is  measured 
from the time the vessel enters a zone covered by Regulation 1954/2003 for which it has got a 
special fishing permit; 

-  only  the  target  species  were  considered  when  calculating  the  effort  ceilings  -  not  any  by-
catch species; 

-  vessel  power  was  calculated  in  conformity  with  Article  5  of  Regulation  (EC)  No  2930/86 
defining the characteristics of fishing vessels; 

2 

 
 
  
 
-  since  the  border  of  the  biologically  sensitive  area  cuts  right  across  the  rectangle  lying 
between 11° and 12° W and 51° and 53° N the effort for this area is divided into two parts, 
one half for the biologically sensitive area and the other for the rest of ICES area VII. 

3. In addition to these effort ceilings, Member States also provided additional information as 
described in Article 10 of Regulation (EC) No 1954/2003, and in particular 

- lists of vessels that have permits to fish described by Article 7; 

-  the  fishing  effort  regulation  measures,  as  referred  to  in  Article  8,  concerning  the  granting 
and  withdrawal  of  special  fishing  permits,  the  monitoring  the  activity  of  the  fleet  and  the 
possibility of closure of the fishery if effort levels are exceeded. 

3 

 
 
  
 
Proposal for a 

COUNCIL REGULATION 

fixing the maximum annual fishing effort for certain fishing areas and fisheries 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  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 2027/951, and in particular Article 11(1) thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Council  Regulation  (EC)  No  1954/2003  of  4  November  2003  establishes  the 
conditions  and  procedures  for  the  introduction  of  a  system  for  the  management  of 
fishing effort in certain Community fishing areas and resources. 

The Member States have submitted to the Commission the information required under 
Article 10 of Regulation (EC) No 1954/2003 and in particular: 

•  the  annual  average  fishing  effort  over  the  period  1998-2002  exerted  by  vessels 
equal to or more than 15 m in length overall in the areas defined in Article 3 of 
that Regulation; 

•  the  annual  average  fishing  effort  over  the  period  1998-2002  exerted  by  vessels 
equal  to  or  more  than  10  m  in  length  overall  in  the  biologically  sensitive  area 
defined under Article 6 of that Regulation. 

In the assessment of fishing effort referred to in Article 3 (1) (a) of Regulation (EC) 
No  1954/2003  the  installed  power  has  been  understood  as  the  power  of  a  vessel  as 
defined  in  Article  5  of  Council  Regulation  (EEC)  No  2930/86  defining  the 
characteristics for fishing vessels2. 

The  Commission  forwarded  to  the  Member  States  the  information  required  under 
Article 10 (1) and (2) of that Regulation and, after consultation with them, assessed the 
data provided in relation to fishing effort limitations adopted under previous or current 
Community  measures  which  involve  or  have  involved  the  management  of  fishing 
effort. 

1 
2 

OJ L 289, 7.11.2003, p. 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). 

4 

 
 
  
 
                                                 
(5) 

The  maximum  annual  fishing  effort,  to  be  fixed  for  the  vessels  flying  the  flag  of  a 
Member  State,  by  group  of  species,  area  and  fishery,  should  be  equal  to  the  global 
fishing effort exerted over the 5 year period 1998 to 2002 by those vessels divided by 
five, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Subject matter 

This Regulation sets the maximum annual fishing effort for each Member State and for each 
area and fishery defined in Articles 3 and 6 of Regulation (EC) No 1954/2003. 

Article 2 

Setting of the maximum fishing effort levels 

1 

2 

The maximum levels of annual fishing effort by group of species, area and fishery, 
and  by  Member  State,  for  the  area  referred  to  in  Article  3  (1)  (a)  and  (b)  of 
Regulation (EC) No 1954/2003, are set out in Annex I to this Regulation. 

The maximum levels of annual fishing effort by group of species, area and fishery, 
and by Member State, for the area referred to in Article 6 (1) of Regulation (EC) No 
1954/2003, are set out in Annex II to this Regulation. 

Article 3 

Compliance with other fishing effort limitation schemes 

The  maximum  annual  fishing  effort  fixed  in  Annexes  I  and  II  shall  be  without  prejudice  to 
fishing effort limitations fixed under recovery plans or any other management measure under 
Community  law  provided  that  the  measure  with  the  lower  amount  of  fishing  effort  is 
complied with. 

5 

 
 
  
 
Article 4 

Entry into force 

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

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

Done at Brussels,  

For the Council 
The President 
\ 

6 

 
 
  
 
 
 
 
Levels of fishing effort as determined in the area referred to in Article 3(1)(a) and (b) of Council Regulation (EC) No 1954/2003 of 4 November 

ANNEX  I

Fishing area
(except, where 
appropriate,
 for the area defined
 in Art. 6(1) of Reg.
 No 1954/2003)

Annual average of fishing effort, in kW(x)days(1), for vessels equal to or more than 15 metres in length overall

Belgium

Denmark

Germany

Spain

France

Ireland

The Netherlands

Portugal

United Kingdom

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

Total

7.693.250

215.234

424.882

90.717.785

77.270.095

17.383.542

759.606

35.728.844

49.333.175

57.029

215.234

186.370

2.460.000

11.649.154

2.324.932

6.000

233.560

17.957.785

40.657.844

15.058.610

350.279

4.952

33.100.000

24.963.097

403.327

2.552.222

218.406

Table A

ICES V, VI

ICES VII

ICES VIII

ICES IX

ICES X

CECAF 34.1.1

CECAF 34.1.2

CECAF 34.2.0

Table B

ICES V, VI

ICES VII

ICES VIII

ICES IX

ICES X

CECAF 34.1.1

CECAF 34.1.2

CECAF 34.2.0

Table C

ICES V, VI

ICES VII

ICES VIII

ICES IX

ICES X

CECAF 34.1.1

CECAF 34.1.2

6.921.032

715.189

0

0

0

0

0

0

Total

326.351

Total

0

326.351

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

15.300.000

2.600.000

14.500.000

4.800.000

0

Scallops

380.000

8.349.182

0

0

0

0

0

0

0

0

170.000

210.000

0

0

0

0

640.173

155.157

5.766

7.447.932

634.407

155.157

901.250

0

0

0

0

0

0

0

0

0

0

0

Edible crab and spider crab

2.920.000

2.465.482

501.599

0

0

0

500.000

750.000

0

0

1.670.000

0

1.946.719

518.763

0

0

0

0

397.441

104.158

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

24.017.229

25.086.340

29.936.606

0

2.360.033

11.200

94.659

378.452

406.872

0

0

0

0

5.290.044

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1.974.425

3.315.619

0

0

0

0

0

0

1.245.658

702.292

543.366

0

0

0

0

0

0

CECAF 34.2.0
(1) For the calculation of fishing effort by vessel in a particular area, the activity is defined for the vessel absent from port as the number of days at sea by trip in the area 
rounded to the nearest whole number.

0

0

0

0

0

0

0

0

7 

 
 
  
 
 
Levels of fishing effort as determined in the area referred to in Article 6(1) of Council Regulation (EC) No 1954/2003 of 4 November 2003 (biologically sensitive area)

ANNEX  II

Target species in the area defined in Article 6(1)
 of Regulation (EC) No 1954/2003

Annual average of fishing effort, in kW(x)days(1), for vessels equal to or more than 10 metres in length overall

Belgium

Denmark

Germany

Spain

France

Ireland

The Netherlands

Portugal

United Kingdom

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

135.422

Scallops

Edible crab and spider crab

0

0

Total

135.422

0

0

0

0

8.326

5.642.215

9.559.653

7.154.490

0

0

0

0

31.039

109.395

84.690

63.198

8.326

5.642.215

9.675.382

7.327.083

0

0

0

0

0

0

0

0

3.761.411

1.223

393

3.763.027

(1) For the calculation of fishing effort by vessel in a particular area, the activity is defined for the vessel absent from port as the number of days at sea by trip in the area rounded to the nearest whole number.

8