CELEX: 51992PC0394
Language: en
Date: 1992-09-14
Title: Proposal for a COUNCIL REGULATION (EEC) setting up licencing arrangements for fishing within the regulatory area defined by the NAFO Convention by vessels flying the flag of a Member State or registered at a Community port

COMMISSION OF THE EUROPEAN COaVMDNITIES
                                        COM (92) 394 final
                                        Brussels,14 September 1992
                             Proposal for a
                        COUNCIL REGULATION (EEC)
  aatting up lioanaing arrangananta for fiahing within tha ragulatory araa
       dafinad by tha M*FO convantion by vaaeals flying tha flag of a
               Mambar Stata or ragiatarad at a Community port
                     (presented by the Commission)
 ---pagebreak---                               EXPLANATORY MEMORANDUM
Sinca 1 January 1979, when tha Community became a contracting party to the
NAFO Convention, catches of certain stock» or groupa of stocks in tha NAF0
regulatory area by vessels flying tha flag of a Member State are restricted
by TAC and quota arrangemente•
In  parallel,   to   protect   the  NAFO  area'a  fishery   resources   technical
conservation measures ware proposed by the NAFO Fisheries Commission and
adopted by tha Community.      These included radio notification of entry and
exit from the zones of the NAFO area.
The restriction on catch possibilities       for certain NAFO stocks has not
however reduced fiahing mortality, since the fiehing effort of Community
vessels has not been reduced in line with catch possibilities.
This finding is not restricted to the NAFO area.     Tha Commission's report on
the  CFP  showed   that  the   raaourca management   and  conservation   measures
introduced by Regulation     (EEC) No 170/83 had failed to prevent excessive
fishing mortality throughout tha Community's fisheries.
It is accordingly necessary in overhauling tha CFP to regulate access to
resources so that fishing effort is managed and controlled.
This new facet of tha CFP, embodied in Council Regulation (EEC) No ..../.. of
... establishing a Community system for fisheries and aquaculture, is fully
consonant   with    tha  recommendations   of   the   international    scientific
organizations, in particular those of tha NAFO Scientific Council.
The attached proposal applies to the NAFO area tha new raaourca management
mechanisms designed to restrict tha fishing effort of Community           vessels
through introduction of a licensing aystem.
                                                                        /•
 ---pagebreak--- This will not only restrict the number of vessels but also allow fleet
capacity  for the various   stocks to be regulated     in  line with  fishing
possibilities for each of them.
Fishing for species subject to TACs and quotas will thus be conditional on
the obtaining of a special licence.    The catch authorized for each Member
                                          i
                                           V.
State from each stock or group of stocks will be determined under management
mechanisms adopted by the Council.
The number of vessels that may hold a licence and possibly the maximum number
of days at sea authorized per fishing type and by virtue of these licences
will be set in line with the provisions adopted by the Council under Articles
2 and 7 of Council Regulation     (EEC) No ..../.. establishing a Community
system for fisheries and aquaculture.
Vessels without  special licences will be allowed to fish only beyond a
minimum depth of 800 metres and will be prohibited from taking by-catches of
TAC and quota species that would be detrimental to sound management of these
species.
Fishing directed to species not at present exploited by Community vessels
will also be subject to Community authorization so that due care can be taken
to prevent subsequent over-exploitation.
The proposal provides for a framework regulation laying down in particular
the basic principles at Community level, whereas the details of application,
and particularly the choice of criteria for the selection of veaaela to be
included in the draft lists, will be a matter for the Member States.
Licences will be issued by the Commission acting on behalf of the Community.
It will use draft lists drawn up by the Member States.
 ---pagebreak--- The licensing system will enable the Member States to manage their quotas and
other legitimate fishing opportunities in a highly effective way.
Introduction as part of the licence system of automatic notification by
satellite of vessel position and movement will improve monitoring.
The whole scheme will show the Community giving itself the resources to
operate a strict policy in an area of great diplomatic importance.
 ---pagebreak---                                                      Draft
                                  COUNCIL REGULATION (EEC) No        /92
                                               Of            1992
   setting up licensing arrangements for fishing within the regulatory area
             defined by the NAFO Convention by vessels flying the flag of a
                          Member State or registered at a Community port
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having the regard to the Treaty establishing the European Economic Community,
and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament1,
Having regard to the opinion of the Economic and Social Committee^,
Whereas Council Regulation (EEC) No .../.. of ... establishing a Community
system for fisheries and aquaculture3 provides for the introduction of a
Community system of fishing licences applicable to Community fishing vessels
operating on the high seas;
Whereas the Community has signed the United Nations Convention on the Law of
the Sea, containing principles and rules on conservation and management of
high sea biological resources, in particular in Articles 116 and 119 thereof;
Whereas the Convention on Future Multilateral Cooperation in the Northwest
Atlantic Fisheries, hereinafter called the "NAFO Convention", was approved by
the Council by Regulation                     (EEC) No 3179/78* and entered into force on 1
January 1979;
Whereas Article II of that Convention states that its object is to contribute
to the optimum utilization, rational management                     and conservation of the
fishery resources of the convention area;
1    OJ No C
2    OJ No C
3    OJ No L
     <-k T ttT— T "* •» o   "%r\ * *» i r\ie%  —  <
 ---pagebreak--- Whereas within the general framework of its international obligations the
Community participates in the effort to conserve fish stocks in international
waters;
Whereas conservation effort must be assessed using relevant scientific data,
so that measures can be implemented that are appropriate to the biological
situation of the stocks and their foreseeable evolution according to various
exploitation possibilities;
Whereas the level of fishing of these stocka by the fleata of the Member
States ahould be judged in relation to total fishing activity in the area
concerned and account taken of the contribution made up to the present by the
Community as a contracting party to NAFO to safeguarding them;
Whereas the fishing effort directed to certain stocks in the NAFO area ahould
be restricted   so that they can be conserved and an adequate degree of
profitability ensured for the activities of the fishermen concerned;
Whereas to this end it is essential that fishing by Community vessels be
regulated by licensing and that the system be run by the Commission on behalf
of the Community as a contracting party to the NAFO Convention;
Whereas for certain species that are biologically sensitive because of the
way in which they are exploited stricter regulation of the fishing effort of
Community  vessels  is  required;  whereas  it  is essential   therefore that
Community vessels fishing for these species hold a licence regulating access
to and exercise of fishing effort in line with the direct catch restrictions
already applicable to these species;
Whereas it is accordingly nacaasary to determine operating procedures for the
system, covering transmission of the particulars of vaasela wishing to fish
                                                                    ./
 ---pagebreak--- in the NAFO area and notification of vessel movements within the area, and
also the list of species for which licences will be required;
Whereas fishing for species not at present exploited by Community vessels
will   have  to  be  subject  to  authorization  from  the  Community  so that
subsequent over exploitation is avoided;
Whereas in order to ensure that the rules of access to waters and resources
laid down by this Regulation      are respected provisions must be adopted,
additional to those of Council Regulation (EEC) No ..../.. establishing a
Community   control system5  and of Council Regulation     (EEC) No 1956/88 of
9 June 1988 adopting provisions for the application of the scheme of joint
international    inspection  adopted   by  the  Northwest   Atlantic  Fisheries
Organization6, as last amended by Regulation (EEC) No 436/927 whereby the
Commission prohibits fishing for a certain period by those who have infringed
the rules,
HAS ADOPTED THIS REGULATION:
                                   Article 1
Fishing in the regulatory area defined in Article 1(2) of the NAFO Convention
by vessels flying the flag of a Member State or registered in a Community
port, hereafter referred to as "Community vessels", shall be conditional on
the holding of a licence issued by the Commission acting on behalf of the
Community and in compliance with the requirements set out in this Regulation.
                                    Article 2
The licence referred to in Article 1 may be granted for:          ,
1.   directed fishing of a target species or group of target species from a
     stock or group of stocks covered by TACs or quotas,
2.   fishing for a species or group of species other than those referred to in
     paragraph 1 beyond a minimum depth of 800 metres.
5    OJ No L
6    OJ No L 175, 6.7.1988, p.l.
7    OJ No L 54, 28.2.1992, p.l.
 ---pagebreak---                                   Article 3
1.  For the purposes of this Regulation, "directed fishing" means any type of
    fishing where the minimum percentage of the target species or group of
    target  species  is  higher  than  set  in  Annex I,  and  of  which  the
    composition of by-catches of species subject to a TAC or quota complies
    with the rules prescribed at Annex I.
2.  Catches of the target species or group of target apecias and by-catches
    of species listed in Annex I taken by Community vessels which hold
    licences as referred to in Article 2(1) must be sorted immediately after
    the net has been hauled and atored separately.
3.  The percentage referred to in paragraph 1 ahall be the proportion by
    weight of all the apacies subject to TAC or quota sorting or on landing,
    including any quantity transhipped.
                                  Article 4
1. The by-catches accessible by stock or group of stocks of target apacies
    shall be allocated to each Member State in accordance with the procedure
    laid down in Article 6 of Council Regulation (EEC) No .../.. establishing
    a Community system for fisheries and aquaculture.
2.  The maximum number of vessels and if necessary the maximum number of days
    at sea authorized shall be determined by fishing type and sub-area for
    each Member State in accordance with the provisions adopted by the
    Council under Articles 2 and 7 of [the abovementioned] Regulation (EEC)
    No •••/•» •
                                  Article 5
Community vessels holding a licence under the terms of Article 2(2) may not
retain on board, tranship or land fish of any apacies or group of species
other than that for which the licence was granted.
                                                                   ./.
 ---pagebreak---                                  Article 6
1. Commercial fishing operationa for species new to the Community must be
   authorized by the Commission.
2. Vessels authorized to fiah under the terme of paragraph 1 shall be
   allowed, by derogation from the normal rules, to use nets suitable for
   taking these new species.
                                 Article 7
1. Member Stataa ahall forward to the Commission every year, not later than
   one month before the beginning of the fishing authorization period,
   proposed lists of vessala for which a licence ie required to fish under
   the terms of this Regulation.
2. The following information ahall be given for each vessel:
   a.  number on the Community fishing vassal register
   b.  name
   c.  ragistration number
   d.  name and address of owner or charterer
   e.  call aignal and radio frequency
   f.  fishing method proposed
   g.  proposed target species or group of species
   h.  number of days allotted, subdivided by target species and sub-area
   i.  period for which licence requested
   j.  the vessel characteristics must be as shown in the Community fishing
       vessel register; any change must be immediately      notified by the
       Member State to the Commission.
                                                                   ./.
 ---pagebreak---                                  Article 8
1. The Commission shall examine the proposed liata and adopt final lists of
   vessels to which the terme of this Regulation apply, and shall transmit
   these lists to the authorities of the Member Stataa concerned at the
   latest [five working days] before the beginning of the liât'a period of
   validity.  Vessels shown on the lists adopted by the Commission shall be
   deemed to hold a licence authorizing them to fieh under the terme eet out
   in thie Regulation.
2. If the final list drawn up by the Commission comprises fawar vessels than
   the maximum number authorized to fieh simultaneously in the area referred
   to in Article 1, Member Stataa may during the period of validity of the
   liât address one or mora applications for additional licenses to the
   Commission, within the limit of the maximum number of veeeele.
   The Commission shall examine each application immediately and notify any
   modification  of  the   liât to  the  Member  State  concerned   following
   acceptance of the licence applications.
   No additional vessel may be considered to hold a fishing licence before
   the Member State concerned has been informed by the Commission that the
   list has been modified.
3. Licences shall be valid for a single vessel. If a number of vessels take
   part in the same fishing operation each must hold a licanaa.     A vessel
   may not hold both a licence issued under Article 2(1) and a licence
   issued under Article 2(2).
                                 Article 9
1. A licence granted for a species listed in Annex I to a Community vessel
   shall cease to be valid on the date on which the quota assigned to that
   Member State or the TAC for the stock or group of stocks in question is
   considered to have been exhausted, even if the number of daya allotted to
   that Member State for fishing for that species has not been used up.
                                                                  •/ *
 ---pagebreak--- 2.  If the number of days allotted to a Member State under Article 4 has been
    used up for reasons of force majeure, and there is a risk of prejudice to
    the Member State through non-exhaustion of its quota, the matter shall be
    referred to the Management Committee for Fisheries and Aquaculture in
    accordance   with Article 14   of  Council   Regulation   (EEC)  No ..../..
    establishing a Community system for fisheries and aquaculture.     Measures
    shall be adopted to prevent prejudice occurring.        These may   include
    allocation to the Member State of additional days to enable it to exhaust
    its quota.
                                  Article 10
The authorities of a Member State may request the Commission for replacement
of a vessel on the final list that by reason of force majeur*      is prevented
from fishing during all or part of the scheduled period.        The Commission
shall deal with such applications without delay.
                                  Article 11
1.  The master of each vessel holding a licence under this Regulation must
    comply with the communications procedure laid down by Council Regulation
    (EEC)   No 189/92  of  27 January   1992   adopting   provisions   for  the
    application of certain control measures adopted by the Northwest Atlantic
    Fisheries Organisation®.
    OJ No L 21. 30.1.1992. o.4
 ---pagebreak--- 2. Without prejudice to paragraph 1, Community vessels that hold a licence
   under Article 2(2) must make daily notification of their planned target
   species to the relevant national authority and simultaneously to the
   Commission of the European Communities.
                                 Article 12
1. Without prejudice to Article 11, Community vessels that are fiehing in
   the area referred to in Article 1 must have equipment enabling them to
   notify by satellite their geographical position determined to the nearest
   100 metres, their apaed and course to the control centre designated by
   the Member State whose flag they fly or in which they are registered.
2. The Member State whose flag the vessel fliee or in which the vessel is
   registered  shall take the necessary     action to record,  in computer-
   readable form, the information tranamitted by ita fishing vessels in
   whatever waters or in whatever port they may be located.
3. Member State   ehall transmit the information referred to in paragraph 1
   to the Commission in real time.
4. Information collected pursuant to this Article may be ueed only for the
   purpose for which it is required.     The Commission, the Member States'
   competent authorities and officials and other aganta ehall be under an
   obligation not to divulge information they have gathered pursuant to this
   Article that by its nature is covered by the rule of professional
   secrecy.
5. Each Member State must store, or have stored, in computer-readable form,
   the information recorded pursuant to paragraph 2, ao that it can be
   checked during the three-year period from the beginning of the year
   following that in which it was recorded.
 ---pagebreak---                                    Article 13
In addition to complying with the requirements of Articles 6, 7, 10 and 11 of
Regulation (EEC) No ..../.. establishing the control system applicable to the
common fisheries policy9, masters of vessels must enter in the logbook the
information specified in Annex II.
Member States must, when making notification pursuant to Article 14 of that
Regulation,    inform the Commission  of catches of species not   subject to
quotas.
                                   Article 14
The granting of licences to Member States' vessels shall confer an obligation
on the owner of the vessel to allow an observer on board at the Commission's
request.
                                   Article 15
1.  The    authorities  of the  Member   States shall take  suitable  action,
    including regular inspection of vessels, to ensure that the obligations
    set out in this Regulation are met.
2.  If an infringement is detected by an inspection service authorized under
    the NAFO Convention the authorities of the Member States shall inform the
    Commission without delay, and at the latest within 30 daya of the data on
    which the infringement was detected, of the name of the veaaal and of the
    action they have taken.
                                   Article 16
1.  If the obligations laid down by this Regulation are not mat the licence
    of the vessel in question shall be withdrawn.
    n.T Mr» T.
 ---pagebreak---     If an infringement     as referred to in Article 15(2) io detected the
    Commission, shall for a period that it shall détermina in line with tho
    seriousness of the offence, not enter the vessel on any final list.
2.  If fishing is carried out in the area referred to in Article 1 by a
    vessel without   a valid    licence belonging to an owner or under the
    management of a natural or legal person possessing or managing one or
    other vessels for which licences have been granted for that area one of
    these licences may be withdrawn.
3.  A licence may be refused during the period indicated in paragraph 1 for
    one or more vessels belonging to the owner of a vessel the licence for
    which has been withdrawn pursuant to this Article or that has fished
    without a licence in the area referred to in Article 1.
                                    Article 17
If over an eight-day period the Commission        receives no notification as
referred to in Article 11 in regard to a vessel holding a licence, the
licence shall be withdrawn.
                                    Article 18
Detailed rules for the application of this Regulation shall be adopted in
accordance with the procedure laid down in Article 14 of Regulation (EEC)
No .../..10.
                                    Article 19
This Regulation   shall enter into force on the third day following its
publication in the Official   Journal of the European Communities,
It shall apply from [       ].
This Regulation shall be binding in its entirety and directly
applicable in all Member States.
Done at ...,                                   For the Council
10 OJ No L
 ---pagebreak---                                                                                   ANNEX       I
  1.   LICENCES REFERREO TO IN ARTICLE 2(1)
         VESSELS FLYING                      S     T  O    C    K                    MINIMUM      BY-CATCHES            ADDITIONAL             GEAR
         THE FLAG OF                                                                 PERCENTAGE   AUTHORIZED            CONDITIONS             USED
                               GEOGRAPHICAL REGION    SUB-AREA           TARGET      OF TARGET
                                                                         SPECIES    SPECIES (1)      (2X3)
         Belgium                Northwest Atlantic    NAFO 2J+3KL      Cod             70           30 X            Examples :
         Denmark                                      NAFO 3 N                                    of which          - trawl authorized
         Germany                                      NAFO 3 NO                                                     - engine power
         Greece                                                                                                       limited to 400 HP
         Spain
         France
         Ireland
         Italy
         Luxembourg
         Netherlands
         Portugal
         United Kingdom
         Belgium                Northwest Atlantic    NAFO 3 M         Redfish         70             30 X
         Denmark                                      NAFO 3 LN
         Germany                                      NAFO 3 M
         Greece
         Spain
         France
         Ireland
         Italy                                                                                                                 •
         Luxembourg
         Netherlands
         Portugal
         United Kingdom
  (1) The minimum percentage of target species may be adjusted in accordance with the procedure laid        in Article 16 of Regulation (EEC) No
  (2) The percentage of by-catches authorized may be adjusted in accordance with the procedure laid        in Article 16 of Regulation (EEC) No
  (3) Only by-catches of species subject te TAC and quotas shall be limited.
                                                                                                                                                    -/.
^ NAFO/LIUannl.en/cm
 ---pagebreak---                                                                                       - 2
         VESSELS FLYING                     S     T   O    C    K                    MINIMUM      BY-CATCHES         ADDITIONAL              GEAR
         THE FLAG OF                                                                 PERCENTAGE   AUTHORIZED         CONDITIONS              USED
                              GEOGRAPHICAL REGION     SUB-AREA          TARGET       OF TARGET
                                                                        SPECIES     SPECIES*1'   (2)(3)
         Belgium               Northwest Atlantic     NAFO 3 M        American         70            30 X
         Denmark                                      NAFO 3 NLO      plaice
         Germany                                                      Yellowtail
         Greece                                                       flounder
         Spain                                                        Witch
         France                                                       flounder
         Ireland
         Italy
         Luxembourg
         Netherlands
         Portugal
         United Kingdom
  (1) The minimum percentage of target species may be adjusted in accordance with the procedure laid down in Article 16 of Regulation (EEC) No
  (2) The percentage of by-catches authorized may be adjusted in accordance with the procedure laid down in Article 16 of Regulation (EEC) No
  (3) Only by-catches of species subject to TAC and quotas shall be limited.
                                                                                                                                                  ./.
^ NATOTrrCTSnnl. en/cm
 ---pagebreak---                                                                                           3 -
           VESSELS FLYING                     S     T   O    C    K                    MINIMUM      BY-CATCHES           ADDITIONAL             GEAR
           THE FLAG OF                                                                 PERCENTAGE   AUTHORIZED           CONDITIONS             USED
                                GEOGRAPHICAL REGION     SUB-AREA           TARGET      OF TARGET
                                                                           SPECIES    SPECIES*1'      (2)(3)
           Belgium               Northwest Atlantic     NAFO 3 NO        Capelln         C? )           t 7J
           Denmark
           Germany
           Greece
           Spain
           France
           Ireland
           Italy
           Luxembourg
           Netherlands
           Portugal
           United Kingdom
           Belgium               Northwest Atlantic     NAFO sub-        Squid           I ?1           t ?J
           Denmark                                      areas 3-*-4
           Germany
           Greece
           Spain
           France
           Ireland
           Italy
           Luxembourg
           Netherlands
           Portugal
           united Kingdom
    (1) The minimum percentage of target species may be adjusted In accordance with the procedure laid       In Article 16 of Regulation (EEC) Ho
    (2) The percentage of by-catches authorized may be adjusted In accordance with the procedure laid       In Article 16 of Regulation (EEC) Ho
    (3) Only by-catches of species subject to TAC and quotas shall be limited.
">> NAFU/HL/Bitnl.en/cm
 ---pagebreak---                                               A H H E X      II
                                Particulars to be contained fn the logbook
                                  P A R T I C U L A R S                                    CODE
   Name of vessel                                                                         01
   Nationality of vessel                                                                  02
   Registration number of vessel                                                          03
   Port of registration                                                                   04
   Type of fishing gear used (daily)                                                      10
   Type of fishing gear                                                                     2 (1)
   Date :
   - day                                                                                   20
   • month                                                                                 21
   • year                                                                                  22
   Position :
    - latitude                                                                             31
    • longitude                                                                            32
    - statistical zone                                                                     33
    Number of fishing operations per period of 24 hours* 2 '                               40
    Number of hours fishing with gear per period of 24 hours *z*                           41
    Name of species                                                                          2 (1)
    Daily catches by species (in tonnes live weight)                                        50
    Daily catches, per species, for human consumption                                       61
    Quantities discarded daily per species                                                  63
    Place of transhipment                                                                   70
    Dste(s) of transhipment                                                                 71
    Master's signature                                                                      80
C D To be indicated together with one of the abbreviations listed in the second part of this Annex
(2) Where two or more types of fishing gear are used in a given 24-hour period, separate records must
     be supplied for each type of gear.
                                                                                      •/.
                                                                                                     A%
 ---pagebreak---                                              - 2 -
               Standard abbreviations for the principal species in the NAFO area
                          NAMES       OF     SPEC1 E S      OF     FISH
ABBREVIATION
                          ENGLISH                                     LATIN
    ALE      Alewife                                   Alosa psaudoharangus
    ARG      Atlantic argentine                        Argentina alius
    BUT      American butterfish                       Peprtlus triacanthus
    CAP      Capelin                                   Hallotus villosus
    COD      Cod                                       Gadus morhua
    GHL      Greenland halibut                         Reinhardtius hippoglossoidas
    HAD      Haddock                                   Melanogrammus aeglefinus
    HER      Herring                                   Clupea harangue
    HKR      Red hake                                  Urophycis chuss
    HKS      Silver hake                               Merluccius bilinearis
    MAC      Mackerel                                  Scomber scombrus
    PLA      American plaice                           Hippoglossoides platessoides
    POK      Saithe                                    Pollachius vlrens
    RED      Redfish                                   Sebastes marinus
    RNG      Roundnose grenadier                       Nacrourus rupestris
    SHR      Shrimps and prawns                        Pandalus sp.
    SQU      Squid                                     Loligo pealai - 11 lex illecebrosus
    WIT      Witch flounder                            Glyptocephalus cynoglossus
                                                       Limanda ferruginea                  V
    YEL      Yellowtail flounder
________
 ---pagebreak---                                                  - 3 -
                               Standard abbreviations for fishing gear
ABBREVIATIONS                          F I S H I N G    GEAR
    OTB         Bottom otter trawl (side or stern, not specified)
    0TB 1       Bottom otter trawl (side)
    OTB 2       Bottom otter trawl (stern)
    OTN         Niduater otter trawl (side or stern, not specified)
    OTM 1       Niduater otter trawl (side)
    OTM 2       Niduater otter traul (stern)
    PTB         Bottom pair traul (2 vessels)
    PTN         Miduster pair traul (2 vessels)
    GN          Gillnets (not specified)
    GNS         Set gillnets
    LL          Longlines (set or drifting, not specified)
    LLS         Longlines (set)
    LLD         Longlines (drifting)
   MIS          Miscellaneous fishing gear
   NK           Fishing gear not knoun
              1
                                                                       r
 ---pagebreak---                             IMPACT ASSESSMENT FORM
                    THE IMPACT OF THE PROPOSAL ON BUSINESS
               with special reference to small and medium-sized
                              enterprises (SMEs)
Title of proposal:
Draft Council Regulation setting up licensing arrangements for fishing within
the regulatory area defined by the NAFO Convention by vessels flying the flag
of a Member State or registered at a Community port
Reference number of document:
The proposal
1.  Having regard to the principle of subsidiarity, why is Community
    legislation necessary in this field and what are the main objectives?
    The Community has been one of the 11 Contracting Parties to NAFO since
    1978. NAFO regulates certain fishing activities in the regulatory area
    with a view to optimum utilization, rational management and conservation
    of the fishery resources concerned.
    The main objectives of the proposed Regulation are to limit the fishing
    effort developed by enterprises in the Member States concerned -
    primarily Germany, Spain, the United Kingdom and Portugal - in proportion
    to the available fishing opportunities in the area. To that end, the
    Commission's proposal aims to regulate both the maximum quantities of
    catches authorized (output) and the number and capacity of vessels and
    the time to be spent fishing for those quantities (input).
The impact on business
2.  Who will be affected by the proposal?
        Which sectors?
        The fishing sector, and more particularly vessel owners.
        What   size businesses    (proportion of small and medium-sized
        enterprises)?
        Those concerned will be mainly medium-sized enterprises with large
        vessels and crews of corresponding size (35 to 40 per vessel).
 ---pagebreak---                               :?—2*-2»-2 -
        Are these businesses based in particular geographical areas in the
        Comunity?
        Yes, coastal areas and the major fishing ports in the Member States
        concerned.
3.  What measures will the businesses have to take to comply with the
    proposal?
    Adjustment of fishing capacity to actual and permitted fishing
    opportunities in the area concerned.
4.  What economic effects is the proposal likely to have?
        On employment?
        There will inevitably be repercussions on employment as a reduction
        in fishing capacity of at least 30% will be essential for the above-
        mentioned adjustment and it will be difficult to find alternatives
        given the precarious state of resources in the traditional fishing
        areas of the fleet concerned.
        On investment and business start-ups?
        The constraints implied in the proposed measures will certainly not
        encourage investment or the setting-up of new businesses.
        On the competitive position of businesses?
        The adjustment required will probably involve a substantial cut in
        income and thus impair the competitive position of the businesses
        concerned in the short term. On the other hand, the reduction in
        overcapacity and overfishing of stocks in the zone should enable
        these stocks to regenerate, thus ensuring stability of fishing
        activities in the medium and long term.
5.  Does the proposal contain measures that take account of the particular
    situation of small and medium-sized enterpises (reduced or different
    requirements, etc.)?
    No. However, parallel multi-annual       structural and    socio-economic
    programmes are planned with the general aim of minimizing the impact of
    the proposed measures.
Consultation
6.  List of organizations which have been consulted on the proposal   and the
    main points of their positions.
    The proposal will be discussed with the Member States in the      Working
    Party on the External Fisheries Policy after formal adoption       by the
    Commission. A discussion in the Economic and Social Committee     is also
    scheduled.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(92) 394 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-92-414-EN-C
                                                             ISBN 92-77-47618-4
Office for Official Publications of the European Communities
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