97/413/EC: Council Decision of 26 June 1997 concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2001 with a view to achieving a balance on a sustainable basis between resources and their exploitation

COUNCIL DECISION of 26 June 1997 concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2001 with a view to achieving a balance on a sustainable basis between resources and their exploitation (97/413/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (1), and in particular Article 11 thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Whereas the Community fishing fleet should be restructured with the aim of providing the sector with clear perspectives for sustainable fishing activities, taking into account the characteristics of each fishery and the possible economic and social consequences;
Whereas the objectives and detailed rules should be fixed by fleet segment or fishery in relation to the state of the stocks taking account of the third Multiannual Guidance Programme (MAGP III), the differing situations in Member States and of the fact that Member States should be able to deploy the necessary fishing effort to take the quota actually available;
Whereas the employment generated by the sector in areas dependent on fishing should be taken into account in order to safeguard the particular needs of those regions;
Whereas it is necessary to safeguard existing balances and the acquis communautaire, having due regard to the principle of relative stability;
Whereas in light of the most recent scientific advice available regarding the state of resources accessible to Community vessels, there is an urgent need to reduce the fishing mortality of certain stocks;
Whereas to that end it is necessary to adopt specific guidelines for reducing the fishing effort on the stocks in question, over an appropriate period of time;
Whereas the fishing effort reduction rates should target depletion risk and overfished stocks;
Whereas the precautionary approach requires that fishing effort on other stocks should not increase unless such an increase is duly justified;
Whereas in the case of fisheries composed of several species it is appropriate that the reductions in fishing effort be weighted to reflect the relative quantities of critical stocks in the overall catch;
Whereas the common fisheries policy provides for a wide range of measures which, individually and collectively, contribute to the reduction of fishing mortality;
Whereas it is agreed that small scale coastal non-trawling fishing activities merit special treatment since such activities maintain a high number of direct jobs while having a modest impact on depletion risk and overfished stocks;
Whereas, given the need to ensure the highest safety standards in the Community fishing fleet, safety improvements should not, in certain cases, be counted against the objectives for Member States' fleet segments;
Whereas the characteristics of power and tonnage are the most pertinent parameters for expressing fishing capacity of the fleets using active gear; whereas the main parameters for expressing effort in respect of passive gear are different; whereas it is nonetheless necessary to ensure a non-discriminatory approach and fully equivalent result as between the two gear types;
Whereas Member States should be able to choose to reduce fishing mortality by the different means available to them, either by reducing capacity for each fleet segment, or by reducing fishing effort for each fishery; whereas to this effect a certain period must be allowed for Member States to develop management programmes setting out the implementation of these means in order to achieve the objectives fixed;
Whereas the required reductions in fishing effort can be achieved through fishing effort limitation programmes or reductions in capacity; whereas specific fishing effort limitation programmes on depletion risk and overfished stocks are to be encouraged where a Member State demonstrates its ability to set up and administer such programmes; whereas in the absence of fishing effort limitation programmes, or if these programmes do not offer the necessary guarantees or do not have sufficient effect, the only alternative is capacity reduction;
Whereas the fleet objectives for Member States set by this Decision should be based on the previous objectives;
Whereas the fleet segments of Member States involved in bilateral fisheries agreements, or in fishing activities covered by international fishing conventions to which the Community is a Contracting Party, need to be adjusted in accordance with the resources available and accessible under those agreements or conventions;
Whereas this Decision is based on a five-year period in order to ensure real progress over a sufficient length of time; whereas the measures proposed must aim to eliminate the factors that made this restructuring necessary, in particular by putting into place a permanent regime of fleet renewal;
Whereas a review of the fishing effort reduction objectives should be carried out by the Council by the end of 1999 on the basis of the latest scientific advice available and an assessment made at the same time of the effects of all available measures on the state of resources and the sector to be provided by the Commission to the Council;
Whereas it is necessary to verify that the programmes of Member States are progressively achieved by reference to intermediate objectives;
Whereas full transparency is required among Member States; whereas this transparency should be ensured in the decision process leading to the adoption of the individual programmes for Member States, and their subsequent implementation, through the procedures provided for in Article 18 of Regulation (ECC) 3760/92,