CELEX: 51992PC0387
Language: en
Date: 1992-10-06
Title: Proposal for a Council Regulation (EEC) establishing a Community system for fisheries and aquaculture

27 . 11 . 92                                 Official Journal of the European Communities                                  No C 311 / 7
                Proposal for a Council Regulation (EEC) establishing a Community system for fisheries and
                                                                aquaculture
                                                             ( 92 / C 311 / 02 )
                                                          (COM (92) 387 final)
                                            (submitted by the Commision on October 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 Whereas for the purposes of rationalizing the means of
                                                                          exploiting resources, the selectivity of fishing methods and
                                                                          gear should be improved with a view to optimum
                                                                          utilization of biological potential and limitation of
Having regard to the Treaty establishing the European                     discards ;
Economic Community , and in particular Article 43
thereof,
                                                                          Whereas the implementation of the common fisheries
Having regard to the proposal from the Commission ,
                                                                          policy is based on the principle of mutual confidence
                                                                          between the Community, national and regional authorities
Having regard to             the    opinion   of the European             and between those authorities and the various partners in
Parliament ,                                                              the sector; whereas , to that end , an institutionalized
                                                                          sharing of responsibilities for the taking, implementation
                                                                          and monitoring of decisions at the most appropriate levels
Having regard to the opinion of the Economic and Social                   should be ensured ;
Committees ,
Whereas, in accordance with Council Regulation ( EEC)                     Whereas , in order to improve regulation of fishing effort, a
No 170 / 83 of 25 January 1983 establishing a Community                   Community system of fishing licences should be
system for the conservation and management of fishery                     introduced , applicable to all fishing vessels operating in
resources ( J ), the Commission drafted a report on the                   waters under the sovereignty or jurisdiction of the Member
common fisheries policy, which it sent to the Council and                 States and to fishing vessels flying the flag of a Member
the European Parliament; whereas it emerged from the                      State or registered in a Community port operating in the
report and the ensuing discussions that although the                      waters of third countries or on the high seas ;
existing measures for the management and conservation of
resources had proved to be basically sound instruments ,
they had failed to prevent the current situation, marked by
a deterioration in the state of the resources and by the                  Whereas , by way of derogation from Council Regulation
overcapacity of the Community fleet , primarily because                   (EEC ) No 101 / 76 (2 ), special provisions should be laid
they were inadequate and there were shortcomings in their                 down to assist inshore fishing and the local economic
implementation and monitoring; whereas reinforcement of                   interests linked thereto , authorizing coastal Member States
the measures is justified ;                                               to maintain the present restrictions on access to waters
                                                                          under their sovereignty or jurisdiction within a maximum
                                                                          limit of 12 nautical miles , calculated from their baselines ,
Whereas the objective should be stable, rational and                      as laid down on the basis of Regulation (EEC ) No
responsible exploitation of all living aquatic resources                   170 / 83 ;
while recognizing the interest of the sector in its long-term
development , taking into account the biological constraints
and with due respect for the environment;
                                                                          Whereas, to that end , the present arrangements concerning
                                                                          rules of access for fishing vessels of other Member States
Whereas globally the state of stocks is endangered as a                   whose fishing activity is traditionally pursued in waters
result of mortality caused by over-fishing but whereas the                within a 12-mile limit calculated from the baselines of the
situation should be assessed on a case-by-case basis , in                  coastal Member State and from ports in that geographical
particular for individual zones, fisheries and trades;                    coastal area should be renewed until 31 December 2002 ;
Whereas the intensity of fishing should be managed with a
view to establishing a balance between available and                       Whereas the risks of socio-economic upheaval in inshore
accessible resources and all the parameters likely to                      fisheries should be minimized ; whereas , therefore , the
influence fishing mortality ;
( i ) OJ No L 24 , 27 . 1 . 1983 , p. 1 .                                  (2) OJ No L 20 , 28 . 1 . 1976 , p. 19 .
 ---pagebreak---  No C 311 / 8                              Official Journal of the European Communities                                   27 . 11 . 92
 rights each Member State may exercise for the next ten               Whereas , to ensure implementation of the common
 years should be specified;                                           fisheries policy , a Community system of enforcement of the
                                                                      common fisheries policy should be established; whereas
                                                                      that system should apply to the whole of the fishing sector
 Whereas special arrangements concerning fishing activity             and should , in particular , specify the levels at which
 have been agreed in one sensitive region and whereas they            monitoring tasks are to be carried out and the Community
 should be maintained ;                                               resources required to ensure that controls are effective and
                                                                      transparent, and should provide for harmonized deterrent
                                                                      penalties and the possibility of making use of the most
 Whereas with a view to effective conservation , the rates of         effective technical facilities ;
 exploitation of certain types of living aquatic resources
 should be limited and whereas , for the purposes of
 improving the existing mechanisms , rules fixing the                 Whereas provision should be made for the means of
 exploitation rates applicable should be determined on a              adopting emergency measures in the event of disturbances
 multiannual basis ;                                                  liable to jeopardize the objectives of the common fisheries
                                                                     policy ;
 Whereas , for the types of resources for which exploitation
 rates are to be limited , the shares of the Member States in        Whereas , to ensure proper use of scientific , technical and
 Community fishing opportunities should also be                       also economic data for assessing the situation with regard
established in the form of fishing availabilities expressed in       to fisheries and foreseeable developments , a scientific and
terms of fishing effort and / or quotas allocated ; whereas          technical committee of an advisory nature should be set
the shares should be established on the basis of a reference         up ;
breakdown reflecting the guidelines adopted by the Council
to contribute to greater stability of fishing activity , while
entrusting the management to Member States ;                         Whereas , to facilitate the implementation of this
                                                                     Regulation , a procedure should be laid down establishing
                                                                     close cooperation between the Member States and the
Whereas particular attention should be paid to the needs of          Commission within a management committee for fisheries
the local populations particularly dependent on fisheries            and aquaculture ;
and related activities as decided by the Council in its
Resolution of 3 November 1976 , and in particular Annex
VII thereto ;
                                                                     Whereas , by reason of the number and complexity of the
                                                                     amendments to be made , the present provisions of
                                                                     Regulation ( EEC ) No 170 / 83 would lack the clarity which
Whereas while observing the overall balance , it may be              is required of all legislation ; whereas that Regulation
necessary to make adjustments to the distribution in the             should therefore be replaced ,
case of some availabilities to take account of developments
with regard to biological and economic factors since 1983
and in particular mini-quotas and certain traditional trade
flows between Member States ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas , therefore , the objective of relative stability should
be seen in those terms ;
                                                                                                  Article 1
Whereas over-capacity of the Community fishing fleet
should be eliminated to bring capacity back into line with
available and accessible resources and whereas account               1 . The common fisheries policy shall cover all fishing
should also be taken of the characteristics of each fishery ;        activities , including farming, of living aquatic resources , as
                                                                     well as the processing and marketing thereof where
                                                                     practised on the territory of Member States or in waters
Whereas , in order to achieve a balanced reduction of the            under the sovereignty or jurisdiction of Member States,
capacity of Member States' fleets , the guidelines setting the       hereinafter referred as 'Community fishing zones' or by
objectives and rules for the restructuring of the Community          fishing vessels flying the flag of a Member State or
fishing industry should therefore be laid down at                    registered in a Community port, hereinafter referred to as
Community level ;                                                    'Community fishing vessels'.
Whereas , to ensure better management and transparency of            2 . For the implementation of the common fisheries policy,
the fishing licensing system , licensing should be managed at        a Community system for the management of fishing
the most appropriate levels ;                                        activity shall be established with the aim of making fishing
 ---pagebreak--- 27 . 11 . 92                               Official Journal of the European Communities                                     No C 311 / 9
activities sustainable in order to ensure the economic and            (e) laying down technical measures regarding the type,
social viability of the sector by means of the stable, rational            number , size and geometry of fishing gear and its
and responsible exploitation of resources, in particular                   method of use ;
with a view to ensuring the availability of supplies at
reasonable prices to consumers .                                      ( f) setting a minimum size or weight of fish that may be
                                                                           caught ;
To that end, and given the current level of over-fishing, the         (g) laying down conditions relating to the fitting-out of
                                                                           vessels for fishing.
Community system for the management of fishing activity
must enable balance to be achieved as quickly as possible
and on a permanent basis between resources and fishing                3 . Notwithstanding the existing Community licensing
activity , in particular by taking account of all the                 systems or those required under international agreements,
parameters influencing fishing mortality .                            with effect from 1 January 1994, a Community system of
                                                                      fishing licences shall be introduced , to manage fishing
                                                                      effort . Licences under this system shall be issued and
3 . The purpose of this Regulation shall be to conserve and           administered at the most appropriate level in the Member
protect available and accessible living marine aquatic                States .
resources , including anadromous and catadromous species ,
hereinafter referred to as 'resources'. Non-commercial                The licensing system shall apply to all fishing vessels in the
activities shall be covered in so far as they compete directly        Community fishing zone and to Community vessels
with commercial activities and Community action is                    operating in the waters of third countries or on the high
required in order to establish a balance between resources            seas .
and fishing effort .
                                                                      Detailed rules of application , and in particular the methods
                                                                      of management and conditions for the issue of fishing
To that end , and in order to assure each Member State of
                                                                      licences , shall be adopted in accordance with the procedure
lasting stability in fishing activities , this Regulation             laid down in Article 14 .
contains a set of measures for the regulation and allocation
of access , management and monitoring of fishing activity,
as well as the requisite means and procedures .                                                      Article 3
                                                                      1 . Member States are authorized to restrict fishing in
                                                                      waters under their sovereignty or jurisdiction, situated
                            TITLE 1                                   within a maximum limit of twelve nautical miles,
                                                                      calculated from the base lines of the coastal Member State,
                                                                      to vessels which fish traditionally in those waters and
                                                                      which operate from ports in that geographical coastal
                         Rules of Access                              area .
                                                                      2 . In addition to the activities carried out under existing
                            Article 2                                 neighbourhood relations between Member States , the
                                                                      fishing activities under the arrangements established in
                                                                      paragraph 1 shall be carried out until 31 December 2002,
1 . In order to rationalize the exploitation of resources , the       in accordance with the arrangements referred to in
Council , acting in accordance with the procedure laid                Annex I , fixing for each Member State the geographical
down in Article 43 of the Treaty , shall lay down the                 zones within the coastal bands of other Member States
conditions of access and of the pursuit of fishing activities ,       where these activities are pursued and the species
by Community provisions drawn up in the light of the                  concerned .
available scientific, technical and economic analyses and in
particular of the report drawn up by the Scientific and
Technical Committee for Fisheries provided for in Article                                            Article 4
12 below .
                                                                      1 . For fisheries involving resources which are biologically
                                                                      sensitive by reason of the characteristics of their
2 . These       provisions   may ,    in  particular,   include       exploitation , the Council , acting in accordance with the
measures :
                                                                      procedure laid down in Article 43 of the Treaty , may
                                                                      establish boxes restricting fishing activity , in accordance
( a ) establishing zones and boxes in which fishing activities        with Article 2 ( 2 ) ( a ), providing, in particular , for a system
      are prohibited or restricted ;                                  of fishing licences and laying down procedures for the
                                                                      transmission of entries into and exits from the box
( b ) limiting on a multiannual basis exploitation rates
                                                                      concerned to the competent monitoring authorities in real
      within the meaning of Article 6 ( 3 ) and (4 );                 time .
( c) limiting fishing seasons ;
                                                                      2. Detailed rules for the application of measures adopted
(d) fixing the number and type of fishing vessels                     under paragraph 1 shall be adopted in accordance with the
      authorized ;                                                    procedure laid down in Article 14.
 ---pagebreak--- No C 311 / 10                             Official Journal of the European Communities                                    27 . 11 . 92
                           Article 5                                 To that end , the Council shall determine the specific
                                                                     conditions under which fishing activities must be pursued ,
1 . In accordance with Article 4 , in the region defined in          as well as , for each fishery or type of resource , the formula
Annex II , fishing activity by fishing vessels of a length           for dividing Community fishing opportunity among the
                                                                     Member States .
between the perpendiculars of not less than 26 metres , for
demersal species other than Norway pout and blue
whiting, shall be limited in accordance with the conditions          4 . Management strategies shall be established on a
laid down in the said Annex .
                                                                     multiannual basis for three to five years in relation to the
                                                                     different fisheries and resources and may on a case-by-case
2 . Detailed rules of application and procedures for the             basis include in particular:
establishment of systems of fishing licences and the
                                                                     — the total allowable catch and / or fishing effort ,
communication of movements of fishing vessels shall be
adopted in accordance with the procedure laid down in                — the conditions for carrying forward fishing availabilities
Article 14 .
                                                                          from one year to the next .
                           Article 6                                 These strategies shall be updated , at the latest one year
                                                                     before the expiry of the period fixed for each fishery.
1 . 'Exploitation rate' means the numerial proportion of a
stock caught during a given period ; the exploitation rate           5 . In compliance with the measures adopted pursuant to
may be regulated by a restriction for the period concerned           paragraphs 3 and 4 and in the light of scientific opinions ,
on fishing activity and / or the volume of catches                   the Commission , acting in accordance with the procedure
authorized .                                                         laid down in Article 14 , shall at regular intervals set the
                                                                     fishing availabilities allocated to Member States and make
                                                                     any adjustments .
'Fishing effort' means the sum of the catch facilities used
over a specified period in a specified area .
                                                                     6 . Member States may , after notifying the Commission ,
                                                                     exchange all or part of the fishing availabilities allocated to
'Community fishing opportunity' means the fishing                    them pursuant to the second subparagraph of paragraph
opportunity available for the Community in the                       2.
Community fishing zone , less the total of fishing
availabilities allocated to third countries , plus the total of
the fishing availabilities of the Community outside the              7 . Member States shall , after notifying the Commission,
Community fishing zone .                                             lay down the criteria for the distribution of and detailed
                                                                     rules for the use of the fishing availabilities allocated to
                                                                    them , in accordance with Community law and the common
2 . Where it proves necessary to restrict the exploitation           fisheries policy .
rates in a fishery in the Community fishing zone or outside
that zone for Community fishing vessels , such restrictions
shall be laid down in accordance with paragraphs 3 , 4 and
5 in the form of a total allowable catch and / or fishing
                                                                                                 TITLE I
effort .
Shares in Community fishing opportunity shall be fairly
divided among the Member States in the form of fishing                      Management and monitoring of fishing activity
availabilities expressed in terms of fishing effort and / or
quotas allocated in such a way as to ensure relative stability                                   Article 7
of fishing activities while taking account of developments
in the sector since 1983 and with due regard to the overall
balance of shares .
                                                                     Having regard to Title I , on a five-yearly basis and for the
                                                                     first time not later than 1 January 1994 , the Council ,
                                                                     acting in accordance with the procedure laid down in
3 . Management objectives shall be set for each fishery in           Article 43 of the Treaty , shall set the objectives and
relation to the specific nature of the resource concerned . In       detailed rules for restructuring the Community fisheries
each case priority objectives shall be specified in terms of         sector with a view to achieving a balance between resources
the level and stability of resources , forms of production ,         and fishing activity .
activities and yields .
                                                                     To that end , the Council shall determine , as required , the
The Council shall , in addition , for each fishery , decide in       levels of reduction of fishing activity for particular fisheries
favour of the definition of a total allowable catch , if             or homogenous groups of fisheries and shall define the
necessary on a multispecific basis, and / or a direct                methods for adjusting parameters influencing fishing
restriction on fishing effort .                                      mortality .
 ---pagebreak--- 27 . 11 . 92                               Official Journal of the European Communities                                No C 311 / 11
                            Article 8                                                             Article 11
1 . To ensure compliance with this Regulation , the                   1 . In the event of serious upheaval liable to jeopardize the
Council , acting in accordance with the procedure laid                objectives of this system , the Commission , at the request of
down in Article 43 of the Treaty , shall introduce a                  a Member State or on its own initiative , shall decide on
Community monitoring system .                                         appropriate measures , which shall be communicated to the
                                                                      Member States and which shall have immediate effect .
2 . The monitoring system shall apply to the entire sector
and shall , in particular :
                                                                      2 . Where the Commission receives a request from a
— define the most appropriate levels for inspection tasks             Member State, it shall take a decision on the matter within
     and ensure coordination thereof,                                 ten working days .
— determine the means available to persons appointed by
     the   Commission     to   ensure  the   effectiveness  and       3 . Member States may refer the decision taken by the
     transparency of inspections by national departments , in         Commission to the Council within ten working days of
    particular guaranteeing the righ to intervene without             notification of the decision referred to in paragraph 2 .
     prior notice,
— provide for the obligation of Member States to                      4 . The Council , acting by a qualified majority, may take a
                                                                      different decision within one month .
     incorporate into their legislation a system of graded and
    deterrent penalties over and above the forfeit of the
     economic gain derived from the infringement ,
                                                                                                  Article 12
— permit the use of new technical resources .
                                                                      The Commission shall set up under its auspices a Scientific
                                                                      and Technical Committee for Fisheries . The Committee
                            TITLE I I
                                                                      shall be consulted at regular intervals and shall draw up an
                                                                      annual report on the situation with regard to fishery
                                                                      resources and developments concerning fishing activity ,
                      General provisions                              with references to biological and economic factors . The
                                                                      Committee shall report on the work done and required in
                                                                      the field of scientific and technical research for the fisheries
                            Article 9                                 and aquaculture sector.
1 . Member States shall transmit to the Commission , in a
standardized form , all information relevant to the                                               Article 13
implementation of this Regulation .
The Commission shall treat the information with the
                                                                      A Management Committee for Fisheries and Aquaculture ,
                                                                      hereinafter called 'the Committee', is hereby established ,
confidentiality required for the protection of individual             consisting of representatives of the Member States, under
data .
                                                                      the chairmanship of a representative of the Commission .
2. Detailed rules for the application of paragraph 1 shall
be adopted in accordance with the procedure laid down in                                          Article 14
Article 14 .
                                                                      Where the procedure laid down in this Article is to be
                            Article 10                                followed , the chairman shall refer the matter to the
                                                                      Committee either on his own initiative or at the request of
1 . The Commission shall report at regular intervals to the           the representative of a Member State.
Council , the European Parliament and the Community
bodies representing the sector on the implementation of               The representative of the Commission shall submit to the
measures adopted pursuant to this Regulation , and in                 Committee a draft of the measures to be taken . The
particular Article 6 thereof.                                         Committee shall deliver its opinion on such draft within a
                                                                      time limit which the chairman may lay down according to
2 . By 31 December 2001 , at the latest , the Commission              the urgency of the matter under consideration . The opinion
shall present to the Council and the European Parliament a            shall be delivered by the majority laid down in Article 148
report on the fisheries situation in the Community and on             ( 2 ) of the Treaty in the case of decisions which the Council
the implementation of this Regulation . On the basis of that          is required to adopt on a proposal from the Commission .
report , the Council , acting in accordance with the                  The votes of the representatives of the Member States
procedure laid down in Article 43 of the Treaty, shall                within the Committee shall be weighted in the manner set
decide on any adjustments to be made .                                out in that Article . The chairman shall not vote .
 ---pagebreak--- No C 311 / 12                         Official Journal of the European Communities                                 27 . 11 . 92
The Commission shall adopt measures which shall apply                                        Article 15
immediately . However, if these measures are not in
accordance with the opinion of the Committee , they shall         1 . Regulation ( EEC ) No 170 / 83 is hereby repealed .
be communicated by the Commission to the Council
forthwith . In that event, the Commission may defer
application of the measures which it has decided for a            2 . References to the Regulation repealed under paragraph
period of not more than one month from the date of such           1 shall be construed as references to this Regulation .
communication .
The Council , acting by a qualified majority, may take a                                    Article 16
different decision within the time laid down in the
preceding precedent.                                              This Regulation shall enter into force on 1 January 1993 .
             This Regulation shall be binding in its entirety and directly applicable in all Member States .
 ---pagebreak--- 27 . 11 . 92                                    Official Journal of the European Communities                                   No C 311 / 13
                                                                       ANNEX I
                              COASTAL BAND OF THE UNITED KINGDOM BETWEEN 6 AND 12 MILES
               FRANCE
                                   Geographical area                                    Species
                                                                                                      Importance or particular
                                                                                                           characteristics
               United Kingdom coast (6 to 12 miles)                     I                       I
               1.    Berwick-upon-Tweed east                               herring                 unlimited
                     Coquet Island east
              2.     Flamborough Head east                                 herring                 unlimited
                     Spurn Head east
              3.     Lowestoft east                                        all species             unlimited
                     Lyme Regis south
              4.     Lyme Regis south                                     demersal                 unlimited
                     Eddystone south
              5.     Eddystone south                                      demersal                unlimited
                     Longships south-west                                 scallops                unlimited
                                                                          lobster                 unlimited
                                                                          crawfish                unlimited
              6.     Longships south-west                                 demersal                unlimited
                    Hartland Point north-west                             crawfish                unlimited
                                                                          lobster                 unlimited
              7.    Hartland Point to a line from the north of            demersal                unlimited
                    Lundy island
              8.    From a line due west Lundy Island to                  all species             unlimited
                    Cardigan Harbour
             9.     Point Lynas North                                     all species             unlimited
                    Morecambe Light Vessel east
              10 . County Down                                            demersal                unlimited
              11 . Mew Island North East ( J )                            all species             unlimited
                    Sanda Island south-west
              12 . Port Stewart north                                     all species             unlimited
                    Barra Head west
             13 . Latitude 57°40 '                                        all species             unlimited
                    Butt of Lewis west                                    except shellfish
             14 . St Kilda , Flannan Islands                              all species             unlimited
             15 . West      of   the  line   from      Butt   of Lewis    all species             unlimited
                    lighthouse to the point 59°30'N - 5°45'W
             i 1 ) Corrigendum , OJ No L 73 , 19 . 3 . 1983 , p. 42.
             IRELAND
                                                                                                     Importance or particular
                                   Geographical area                                   Species            characteristics
             United Kingdom coast (6 to 12 miles )
             1 . Point Lynas north                                        demersal                unlimited
                   Mull of Galloway south                                 nephrops                unlimited
             2.    Mull of Oa west                                        demersal                unlimited
                   Barra Head west                                        nephrops                unlimited
 ---pagebreak--- No C 311 / 14                                Official Journal of the European Communities                             27 . 11 . 92
             GERMANY
                                                                                             Importance or particular
                                 Geographical area                           Species              characteristics
            United Kingdom coast (6 to 12 miles )
             1 . East of Shetlands and Fair Isle between lines     herring                unlimited
                  drawn due south-east from Sumburgh Head
                  lighthouse due north-east from Skroo
                  lighthouse and due south-west from Skadan
                  Lighthouse
            2 . Berwick upon Tweed east                            herring                unlimited
                  Whitby High Lighthouse east
            3 . North Foreland Lighthouse east                     herring                unlimited
                 Dungeness New Lighthouse south
            4 . Zone around St. Kilda                              herring                unlimited
                                                                   mackerel               unlimited
            5 . Butt of Lewis Lighthouse West to the line herring                         unlimited
                 Joining Butt of Lewis lighthouse and the point
                 59°30'N - 5°45'W
            6 . Zone arond North Rona                              herring                unlimited
                 and Sulisker ( Sulasgeir )
            NETHERLANDS
                                                                                            Importance or particular
                                Geographical area                           Species              characteristics
            United Kingdom coast (6 to 12 miles)
            1 . East of Shetlands and Fair Isle between lines      herring                unlimited
                 drawn due south-east from Sumburg Head
                 lighthouse due north-east from Skroo
                 lighthouse and due south-west from Skadan
                 Lighthouse
            2 . Berwick upon Tweed east                            herring                unlimited
                 Flamborough Head east
            3 . North Foreland east                                herring               unlimited
                 Dungeness New lighthouse south
            BELGIUM
                                                                                            Importance or particular
                                Geographical area                           Species              characteristics
            United Kingdom coast (6 to 12 miles)
            1 . Berwick upon Tweed east                            herring               unlimited
                 Coguet Island east
            2 . Cromer north                                       demersal              unlimited
                 North Foreland east
            3 . North Foreland east                                demersal              unlimited
                 Dungeness New Lghthouse south                     herring                unlimited
            4. Dungeness New Lighthouse south                      demersal               unlimited
                 Selsey Bill south
            5 . Straight Point south-east                          demersal               unlimited
                 South Bishop north-west
 ---pagebreak--- 27. 11 . 92                               Official Journal of the European Communities                             No C 311 / 15
                                                   COASTAL BAND OF IRELAND
            FRANCE
                                                                                          Importance or particular
                               Geographical area                             Species          characteristics
            Irish coast (6 to 12 miles)
            1 . Erris Head north-west                           demersal               unlimited
                 Sybil Point west                               nephrops               unlimited
            2 . Mizen Head south                                demersal               unlimited
                 Stags south                                    nephrops               unlimited
                                                                mackerel               unlimited
            3 . Stags south                                     demersal               unlimited
                 Cork south                                     nephrops               unlimited
                                                                mackerei               unlimited
                                                                herring                unlimited
            4 . Cork south                                      all species            unlimited
                 Carnsore Point south
            5 . Carnsore Point south                            all species ,          unlimited
                 Haulbowline south-east                         except shellfish
            UNITED KINGDOM
                                                                                         Importance or particular
                               Geographical area                             Species          characteristics
            Irish coast (6 to 12 miles)
            1 . Mine Head south                                 demersal               unlimited
                 Hook Point                                     herring                unlimited
                                                                mackerel               unlimited
            2 . Hook Point                                      demersal               unlimited
                 Carlingford Lough                              herring                unlimited
                                                                mackerel               unlimited
                                                                nephrops               unlimited
                                                                scallops               unlimited
            NETHERLANDS
                                                                                          Importance or particular
                               Geographical area                             Species          characteristics
            Irish coast (6 to 12 miles )
            1 . Stags south                                     herring                Unlimited
                 Carnsore Point south                           mackeree               Unlimited
            GERMANY
                                                                                          Importance or particular
                               Geographical area                             Species           characteristics
            Irish coast (6 to 12 miles)
            1 . Old Head of Kinsale south                       herring                unlimited
                 Carnsore Point south
            2.   Cork south                                     mackerel               unlimited
                 Carnsore Point south
 ---pagebreak--- No C 311 / 16                               Official Journal of the European Communities                                      27 . 11 . 92
             BELGIUM
                                                                                                  Importance or particular
                                Geographical area                            Species                    characteristics
             Irish coast (6 to 12 miles)
             1.  Cork south                                       demersal                      unlimited
                 Carnsore Point south
             2 . Wicklow Head east                                demersal                      unlimited
                 Carlingford Lough south-east
                                                     COASTAL BAND OF BELGIUM
                                                                                                     Importance or particular
                              Geographical areal                Member State            Species           characteristics
             3 to 12 miles                                    Netherlands        all species        unlimited
                                                              France             herring            unlimited
                                                    COASTAL BAND OF DENMARK
                                                                                                     Importance or particular
                              Geographical areal                Member State            Species           characteristics
            North Sea coast
            ( Danish / German frontier to Hanstholm )
            (6 to 12 miles )                                  Germany            flatfish          unlimited
                                                                                 shrimps and       unlimited
                                                                                 prawns
            Danish / German frontier to Blåvands Huk          Netherlands        flatfish          unlimited
                                                                                 roundfish         unlimited
            Blåvands Huk to Bovbjerk                          Belgium            cod               "i unlimited only
                                                                                                   J during June and July
                                                                                 haddock           "i unlimited only
                                                                                                   j during June and July
                                                              Germany            flatfish          unlimited
                                                              Netherlands        plaice            unlimited
                                                                                 sole              unlimited
            Thyborøn to Hanstholm                             Belgumn            whiting           \ Unlimited only
                                                                                                   j during June and July
                                                                                 plaice            Ί unlimited only
                                                                                                   j during June and July
                                                              Germany            flatfish          unlimited
                                                                                 sprat             unlimited
                                                                                 cod               unlimited
                                                                                 saithe            unlimited
                                                                                 haddock           unlimited
                                                                                 mackerel          unlimited
                                                                                 herring           unlimited
                                                                                 whiting           unlimited
                                                              Netherlands        cod               unlimited
                                                                                 plaice            unlimited
                                                                                 sole              unlimited
            Skagerrak                                         Belgium            plaice            unlimited
            ( Hanstholm to Skagen )                                                                only during June and
            (4 to 12 miles )                                                                       July
 ---pagebreak--- 27 . 11 . 92                                   Official Journal of the European Communities                              No C 311 / 17
                                                                    Member State
                                                                                                Importance or particular
                                 Geographical areal                                    Species      characteristics
                                                                   Germany       flatfish      unlimited
                                                                                 sprat         unlimited
                                                                                 cod           unlimited
                                                                                 saithe        unlimited
                                                                                 haddock       unlimited
                                                                                 mackerel      unlimited
                                                                                 herring       unlimited
                                                                                 whiting       unlimited
                                                                   Netherlands   cod           unlimited
                                                                                 plaice        unlimited
                                                                                 sole          unlimited
             Kattegat                                              Germany       cod           unlimited
             (3 to 12 miles )                                                    flatfish      unlimited
                                                                                 nephrops      unlimited
                                                                                               unlimited
                                                                \                herring
             North of Sealand to the parallel of the latitude Germany            sprat         unlimited
             passing through Forsnaes lighthouse
             Baltic Sea                                            Germany       flatfish      unlimited
             ( incl . Belts , Sound , Bornholm )                                 cod           unlimited
              3 to 12 miles                                                      herring       unlimited
                                                                                 sprat         unlimited
                                                                                 eel           unlimited
                                                                                 salmon        unlimited
                                                                                 whiting       unlimited
                                                                                 mackerel      unlimited
                                                       COASTAL BAND OF GERMANY
                                                                    Member State
                                                                                                Importance or particular
                                 Geographical areal                                    Species      characteristics
             North Sea coast                                       Denmark       demersal      unlimited
             (3 to 6 miles )                                                     sprat         unlimited
              all coasts                                                         sand-eel      unlimited
                                                                   Netherlands   demersal      unlimited
                                                                                 shrimps and   unlimited
                                                                                 prawns
              (6 to 12 miles )                                     Denmark       demersal      unlimited
              all coasts                                                         sprat         unlimited
                                                                                 sand-eel      unlimited
                                                                   Netherlands   demersal      unlimited
                                                                                 shrimps and   unlimited
                                                                                 prawns
              Danish / German frontier to the northern tip of      Denmark       shrimps and   unlimited
              Amrum at 54°43'N                                                   prawns
              zone around Helgoland                                United        cod           unlimited
                                                                   Kingdom       plaice        unlimited
              Baltic coast                                         Denmark       cod           unlimited
              (3 to 12 miles )                                                   plaice        unlimited
                                                                                 herring       unlimited
                                                                                 sprat         unlimited
                                                                                 eel           unlimited
                                                                 l               whiting       unlimited
                                                                                               unlimited
             1                                                                   mackerei
 ---pagebreak--- No C 311 / 18                               Official Journal of the European Communities                                 27 . 11 . 92
                              COASTAL BAND OF FRANCE AND THE OVERSEAS DEPARTEMENTS
                                                                Member State
                                                                                              Importance or particular
                              Geographical areal                                    Species          characteristics
             North-East Atlantic coast (6 to 12 miles)
             Belgian / French frontier to east of Departement Belgium         demersal       unlimited
             Manche ( Vire-Grandcamp les Bains estuary                        scallops       unlimited
             49°23'30 " N - 1°2 ' WNNE )                      Netherlands     all species    unlimited
             Dunkerque ( 2°20Έ ) to Cap d'Antifer             Germany         herring        unlimited only during
             ( 0°10Έ )                                                                       Oktober to December
                                                                                                «
             Belgian / French frontier to Cap d'Alprech west  United          all species    unlimited
             ( 50°42'30"N - 1°33'30"E )                       Kingdom
             Atlantic Coast (6 to 12 miles)
             Spanish / French frontier to 46°08'N             Spain          anchovies       — directed fishing,
                                                                                                  unlimited only from
                                                                                                   1 March to 30
                                                                                                  June ,
                                                                                             — fishing for live bait
                                                                                                  from 1 July to 31
                                                                                                  October only .
                                                                             Sardines       — unlimited only from
                                                                                                  1 January to 28
                                                                                                  Feb . and from 1
                                                                                                  July to 31
                                                                                                  December ,
                                                                                            — in addition ,
                                                                                                  activities relating to
                                                                                                  the abovementioned
                                                                                                  species must be
                                                                                                  pursued in
                                                                                                  accordance with and
                                                                                                  within the limits of
                                                                                                  the activities
                                                                                                  pursued during
                                                                                                  1984 .
            Medditerranean coast (6 to 12 miles )
            Spanish frontier Cap Leucate                      Spain          all species    unlimited ( J )
            0 ) Act of Accession of 1985 .
                                                       COASTAL BAND OF SPAIN
                                                                Member State
                                                                                             Importance or particular
                             Geographical areal                                    Species          characteristics
            Atlantic coast (6 to 12 miles)
            French / Spanish frontier      to    Cap  Mayor   France         pelagic        unlimited in accordance
            lighthouse ( 3°47'W )                                                           with and within the
                                                                                            limits of the activities
                                                                                            pursued during 1984
            Mediterranean coast (6 to 12 miles )
            French frontier / Cap Creus                       France         all species    unlimited 0 )
            (M Act of Accession of 1985 .
 ---pagebreak--- 27 . 11 . 92                                Official Journal of the European Communities                             No C 311 / 19
                                               COASTAL BAND OF THE NETHERLANDS
                                                                Member State
                                                                                            Importance or particular
                              Geographical areal                                   Species      characteristics
             (3 to 6 miles ) whole coast                      Belgium        all species   unlimited
                                                              Denmark        demersal      unlimited
                                                                             sprat         unlimited
                                                                             sand-eel      unlimited
                                                                             horsemackerel unlimited
                                                              Germany        cod           unlimited
                                                                             shrimps and   unlimited
                                                                             prawns
             (6 to 12 miles ) whole coast                     Belgium        all species   unlimited
                                                              Denmark        demersal      unlimited
                                                                             sprat         unlimited
                                                                             sand-eel      unlimited
                                                                             horsemackerel unlimited
                                                              Germany        cod           unlimited
                                                                             shrimps and   unlimited
                                                                             prawns
                                                              France         all species   unlimited
             Texel south point , west to the                  United         demersal      unlimited
             Netherlands / German frontier                    Kingdom
 ---pagebreak--- No C 311 / 20                                  Official Journal of the European Communities                                                 27 . 11 . 92
                                                                        ANNEX II
                                                                   SHETLAND AREA
             A. Geographical limits
                    From the point on the west coast of Scotland in latitude 58°30' N to 58°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-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-miles line north of the Shetlands
                   From 61°00 ' N­ 0°00 ' W            to       59°30 ' N - 0°00 '
                   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 authorized
                   Maximum number of vessels with a length between perpendiculars of not less than 26 metres ( x ) authorized
                   to fish for demersal species, with the exception of Norway pout and blue whiting (2):
                                 Member State                       Number of fishing vessels authorized
                   France                                                           52
                   United Kingdom                                                   62
                   Germany                                                          12
                   Belgium                                                            2
            C. Special monitoring measures
                   In accordance with Article 13 of Regulation (EEC) No 2241 / 87 (3 ) and Article 2 of Regulation (EEC)
                   No 3094 / 86 (4 ).
            (!) OJ No L 288 , 11 . 10 . 1986 , p. 1 .
            (2) Length between perpendiculars as laid down by Commission Regulation (EEC) No 2930 / 86 (OJ No L 274 , 25 . 9 . 1986 ,
                  P - !)•
            ( 3 ) Vessels fishing for Norway pout and blue whiting may be subject to specific monitoring measures concerning the keeping on
                  board of fishing gear and species other than those referred to above.
            (4 ) OJ No L 207 , 29 . 7 . 1987, p. 1 .