CELEX: 32004R1415
Language: en
Date: 2004-07-19 00:00:00
Title: Council Regulation (EC) No 1415/2004 of 19 July 2004 fixing the maximum annual fishing effort for certain fishing areas and fisheries

5.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 258/1
            
         
      COUNCIL REGULATION (EC) No 1415/2004
   of 19 July 2004
   fixing the maximum annual fishing effort for certain fishing areas and fisheries
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources (1), and in particular Article 11(2) thereof,
   Whereas:
   
               (1)
            
            
               Regulation (EC) No 1954/2003 establishes the conditions and procedures for the introduction of a system for the management of fishing effort in certain Community fishing areas and resources.
            
         
               (2)
            
            
               The Member States have submitted to the Commission the information required in accordance with Regulation (EC) No 1954/2003 and in particular the annual average fishing effort over the period 1998 to 2002 exerted by vessels equal to or more than 15 m in length overall in the areas defined in that Regulation and the annual average fishing effort over the period 1998 to 2002 exerted by vessels equal to or more than 10 m in length overall in the biologically sensitive area defined in that Regulation.
            
         
               (3)
            
            
               In the assessment of fishing effort referred to in Regulation (EC) No 1954/2003, the installed power has been understood as the power of a vessel, as defined in Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (2).
            
         
               (4)
            
            
               The Commission forwarded to the Member States the information required pursuant to Regulation (EC) No 1954/2003 and, after consultation with them, assessed the data provided in relation to fishing effort limitations adopted under previous or current Community measures which involve or have involved the management of fishing effort.
            
         
               (5)
            
            
               The maximum annual fishing effort, to be fixed for the vessels flying the flag of a Member State, by group of species, area and fishery, should be equal to the global fishing effort exerted over the five-year period 1998 to 2002 by those vessels, divided by five,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   Subject matter
   This Regulation sets the maximum annual fishing effort for each Member State and for each area and fishery defined in Articles 3 and 6 of Regulation (EC) No 1954/2003.
   Article 2
   Maximum levels
   1.   The maximum levels of annual fishing effort by group of species, area and fishery, and by Member State, for the areas referred to in Article 3(1)(a) and (b) of Regulation (EC) No 1954/2003, are set out in Annex I to this Regulation.
   2.   The maximum levels of annual fishing effort by group of species, area and fishery, and by Member State, for the area referred to in Article 6(1) of Regulation (EC) No 1954/2003, are set out in Annex II to this Regulation.
   Article 3
   Transiting through an area
   1.   Each Member State shall ensure that the utilisation of fishing effort allocations by area, as defined in Articles 3 and 6 of Regulation (EC) No 1954/2003, will not result in more time spent fishing by comparison to fishing effort levels exerted during the reference period.
   2.   Fishing effort established as a result of a vessel transiting through an area where no fishing operation had taken place during the reference period shall not be used for the purpose of carrying out fishing operations in that area. Each Member State shall record such fishing effort separately.
   Article 4
   Methodology
   Each Member State shall ensure that the method used to record fishing effort is the same as the one used in assessing the levels of fishing effort according to Articles 3 and 6 of Regulation (EC) No 1954/2003.
   Article 5
   Compliance with other fishing effort limitation schemes
   The maximum levels of annual fishing effort fixed in Annexes I and II shall be without prejudice to fishing effort limitations fixed under recovery plans or any other management measure under Community law provided that the measure with the lower amount of fishing effort is complied with.
   Article 6
   Entry into force
   This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 July 2004.
      
         
            For the Council
         
         
            The President
         
         C. VEERMAN
         
      
   
   
      (1)  OJ L 289, 7.11.2003, p. 1.
   
      (2)  OJ L 274, 25.9.1986, p. 1. Regulation as amended by Regulation (EC) No 3259/94 (OJ L 339, 29.12.1994, p. 11).
   
      ANNEX I
      Maximum levels of annual fishing effort as determined on the basis of Article 3(1)(a) and (b) of Regulation (EC) No 1954/2003
      
                  Fishing area (except, where appropriate, for the area defined in Article 6(1) of Regulation (EC) No 1954/2003)
               
               
                  Annual average of fishing effort, in kW(x) days (1), in connection with vessels equal to or more than 15 metres in length
               
            
                  Belgium
               
               
                  Denmark
               
               
                  Germany
               
               
                  Spain
               
               
                  France
               
               
                  Ireland
               
               
                  The Netherlands
               
               
                  Portugal
               
               
                  United Kingdom
               
            
                  Table A
               
            
                  Demersal species excluding those covered by Regulation (EC) No 2347/2002
               
            
                  Total
               
               
                  8 197 827
               
               
                  215 234
               
               
                  424 882
               
               
                  88 117 785
               
               
                  77 270 095
               
               
                  10 229 052
               
               
                  759 606
               
               
                  35 728 844
               
               
                  50 021 901
               
            
                  ICES V, VI
               
               
                  58 452
               
               
                  215 234
               
               
                  186 370
               
               
                  2 460 000
               
               
                  11 649 154
               
               
                  2 324 932
               
               
                  6 000
               
               
                  0
               
               
                  24 017 229
               
            
                  ICES VII
               
               
                  7 396 910
               
               
                  0
               
               
                  233 560
               
               
                  17 957 785
               
               
                  40 657 844
               
               
                  7 904 120
               
               
                  350 279
               
               
                  0
               
               
                  25 786 266
               
            
                  ICES VIII
               
               
                  742 465
               
               
                  0
               
               
                  4 952
               
               
                  33 100 000
               
               
                  24 963 097
               
               
                  0
               
               
                  403 327
               
               
                  2 552 222
               
               
                  218 406
               
            
                  ICES IX
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  15 300 000
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  29 936 606
               
               
                  0
               
            
                  ICES X
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  2 360 033
               
               
                  0
               
            
                  CECAF 34.1.1
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  14 500 000
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  94 659
               
               
                  0
               
            
                  CECAF 34.1.2
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  4 800 000
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  378 452
               
               
                  0
               
            
                  CECAF 34.2.0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  406 872
               
               
                  0
               
            
                  Table B
               
            
                  Scallops
               
            
                  Total
               
               
                  354 066
               
               
                  0
               
               
                  0
               
               
                  380 000
               
               
                  8 349 182
               
               
                  530 778
               
               
                  155 157
               
               
                  0
               
               
                  5 290 044
               
            
                  ICES V, VI
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  5 766
               
               
                  0
               
               
                  0
               
               
                  1 974 425
               
            
                  ICES VII
               
               
                  354 066
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  7 447 932
               
               
                  525 012
               
               
                  155 157
               
               
                  0
               
               
                  3 315 619
               
            
                  ICES VIII
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  170 000
               
               
                  901 250
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
            
                  ICES IX
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  210 000
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
            
                  ICES X
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
            
                  CECAF 34.1.1
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
            
                  CECAF 34.1.2
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
            
                  CECAF 34.2.0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
            
                  Table C
               
            
                  Edible crab and spider crab
               
            
                  Total
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  2 920 000
               
               
                  2 465 482
               
               
                  505 960
               
               
                  0
               
               
                  0
               
               
                  1 245 658
               
            
                  ICES V, VI
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  465 000
               
               
                  0
               
               
                  0
               
               
                  702 292
               
            
                  ICES VII
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  1 946 719
               
               
                  40 960
               
               
                  0
               
               
                  0
               
               
                  543 366
               
            
                  ICES VIII
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  500 000
               
               
                  518 763
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
            
                  ICES IX
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  750 000
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
            
                  ICES X
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
            
                  CECAF 34.1.1
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
            
                  CECAF 34.1.2
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  1 670 000
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
            
                  CECAF 34.2.0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
            
         (1)  For the calculation of fishing effort by vessel in a particular area, the activity is defined, for a vessel absent from port, as the number of days at sea by trip in the area, rounded up to the nearest whole number.
   
   
      ANNEX II
      Maximum levels of annual fishing effort as determined in the biologically sensitive area referred to in Article 6 of Regulation (EC) No 1954/2003
      
                  Target species in the biologically sensitive area defined in Article 6(1) of Regulation (EC) No 1954/2003
               
               
                  Annual average of fishing effort, in kW(x) days (1), for vessels equal to or more than 10 metres in length overall
               
            
                  Belgium
               
               
                  Denmark
               
               
                  Germany
               
               
                  Spain
               
               
                  France
               
               
                  Ireland
               
               
                  The Netherlands
               
               
                  Portugal
               
               
                  United Kingdom
               
            
                  Demersal species excluding those covered by Regulation (EC) No 2347/2002
               
               
                  135 432
               
               
                  0
               
               
                  8 326
               
               
                  5 642 215
               
               
                  9 559 653
               
               
                  7 154 490
               
               
                  0
               
               
                  0
               
               
                  3 061 485
               
            
                  Scallops
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  31 039
               
               
                  109 395
               
               
                  0
               
               
                  0
               
               
                  1 223
               
            
                  Edible crab and spider crab
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  0
               
               
                  84 690
               
               
                  63 198
               
               
                  0
               
               
                  0
               
               
                  393
               
            
                  
                     Total
                  
               
               
                  135 432
               
               
                  0
               
               
                  8 326
               
               
                  5 642 215
               
               
                  9 675 382
               
               
                  7 327 083
               
               
                  0
               
               
                  0
               
               
                  3 063 101
               
            
         (1)  For the calculation of fishing effort by vessel in a particular area, the activity is defined, for the vessel absent from port, as the number of days at sea by trip in the area, rounded up to the nearest whole number.