COMMISSION DECISION of 21 December 1992  on a multiannual guidance programme for the fishing fleet of Germany for the period 1993 to 1996  pursuant to Council Regulation (EEC) N° 4028/86 (Only the German text is authentic) (92/591/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) N° 4028/86 of 18 December 1986 on Community measures to  improve and adapt structures in the fisheries and aquaculture sector (1), as last amended by  Regulation (EEC) N° 3946/92 (2),
Whereas Council Regulation (EEC) N° 170/83 of 25 January 1983 establishing a Community system for  the conservation and management of fishery resources (3), and in particular Article 2 (d) thereof,  lists as one of its objectives conservation measures consisting of restricting fishing effort;
Whereas the resolution of the European Parliament on the Commission's 1991 report on the common  fisheries policy (4) refers to the structural adjustment of the fleet through the adoption of a new  generation of MGPs ensuring a reduction in fishing capacity differentiated according to region and  fishery;
Whereas at its meeting of 3 April 1992 the Council concluded that in order to ensure the continuity  of fisheries, one of the objectives of the future common fisheries policy must be to re-establish  the balance between resources and fishing effort, including capacity, and to maintain a balanced  and rational management of resources;
Whereas the Economic and Social Committee, in its opinion on the 1991 report delivered on 27 May  1992,  takes the view that the MGPs are an essential means of matching fishing capacity to  exploitable resources and that further reduction of the Community's fleet must be differentiated;
Whereas on 30 April 1991 the German Government forwarded to the Commission a multiannual guidance  programme for the fishing fleet for the period 1992 to 1996, herinafter called 'the programme`, in  accordance with Article 3 (3) of Regulation (EEC) N° 4028/86; whereas it later forwarded additional  information concerning the programme;
Whereas it is necessary to consider whether the programme fulfils the conditions laid down in  Article 2 of Regulation (EEC) N° 4028/86 and constitutes a suitable framework for Community and  national financial aid for the sector concerned;
Whereas the objectives for reducing fleet capacity fixed on 31 December 1991 in the previous  programme constitute the reference basis for assessing the actual development recorded and the  effort still needed to ensure that the objectives are achieved;
Whereas the Commission adopted a transitional programme for 1992 (5); whereas the objectives fixed  in the German transitional programme should be included in the objectives of the present  programme;
Whereas it is important that the overall reduction in fishing effort judged to be necessary in  order to adapt the Community fleet to available resources should reflect significant reductions in  particular segments of that fleet where an imbalance is most apparent; whereas coefficients for the  reduction of fishing effort, differentiated according to fishery or group of fisheries, should  therefore be applied to the segments of the fleet thus identified;
Whereas account must be taken of an annual increase of 2 % in fishing effort linked to technical  progress;
Whereas available biological and economic analyses suggest that overall reduction in fishing  effort, differentiated for the broad groups of target species, should be of 20 % for demersal  species, 15 % for benthic species and zero growth in effort for pelagic species;
Whereas, in order to attain these objectives and improve fishing methods, reductions in effort  should primarily be focused on segments of the fleet using non-selective gear, particularly those  likely to catch large numbers of juveniles, while ensuring that there is no increase in segments  using more selective gear;.
Whereas, in order to attain the objectives of the programme, it may be necessary to take steps to  influence all the parameters connected with fishing mortality, particularly the capacity and  activity of the fleet; whereas, however, structural measures must be focused chiefly on the  elimination of excess capacity;
Whereas it is necessary to verify that the objectives fixed in the programme are progressively and  coherently met; whereas intermediate and indicative annual objectives should therefore be  determined as a basis for Article 5 of Regulation (EEC) N° 4028/86;
Whereas in addition to the six-monthly transmission by Germany of statements concerning development  of the fishing fleet and, where applicable, its activity, it is necessary to ensure that these data  tally with the information in the Community register of fishing vessels;
Whereas any development that does not comply with the programme objectives would run counter to the  objectives of the common fisheries policy; whereas, therefore, certain specific measures undertaken  under this programme may not warrant Community financial assistance;
Whereas to programme a concerted and balanced reduction in the overall fishing effort of the  Community's fleets requires the Community aid scheme to be focused on measures enabling the  objectives of the programme to be attained within the deadlines laid down; whereas priority  should  also be given to investments aimed at bringing the fleet into line with Community rules on hygiene  and safety and to investments in the development of selective fisheries which cause minimum damage  to the marine environment;
Whereas the measures provided for in this Decision are in accordance with the opinion of the  Standing Committee for the Fishing Industry,
The multiannual guidance programme for the fishing fleet for the  period 1992 to 1996, as forwarded by the German Government on 30 April 1991 and supplemented by the  Government at a later date, is hereby approved subject to the conditions laid down in this Decision  and provided that those conditions are met.
In order to ensure a durable balance between fishery resources and the fishing effort  of the Community fleet, Germany has segmented its fishing fleet as shown in the Annex. The  following coefficients shall be applied to the fishing capacity of the segments thus obtained:
- 20 % to segments practising bottom trawling in teams or using an otter trawl and fishing for  demersal stocks,
- 15 % to dredgers and beam trawlers for benthic stocks,
- 0 %, i.e. zero growth in other segments.
These reductions shall apply to the objectives fixed on 31 December 1991 as the starting point for  the transitional programme for 1992 adopted for Germany and based on the situation of the fishing  fleet at 1 January 1992 as presented by that Member State.
1.  The reduction in fishing effort may result from the combined effect of reductions  in capacity and reductions in activity.
2.  At least 55 % of the overall objective of the programme, defined as the sum of the partial  objectives for each segment, must be achieved by means of reductions in capacity.
3.  The remainder may be achieved by means of measures to reduce activity, such as restrictions in  time at sea, provided that they are based on permanent laws and administrative provisions accepted  by the Commission and techniques approved by the Commission.
4.  The final objectives for each segment and the annual intermediate indicative objectives shall  be determined in accordance with points 2 and 4 of the additional provisions in the Annex.
At the latest by 15 February and 31 July of each year for the previous six-month  periods ending on 31 December and 30 June respectively, Germany shall forward to the Commission, in  respect of each segment of the fishing fleet defined in the Annex, information on the number of  vessels commissioned, the tonnage and engine power added and withdrawn, as the case may be, and the  time at sea by homogeneous group of vessels, with their six-monthly variations, pursuant to the  special provisions of the programme.
Such information shall tally with the information forwarded in accordance with Commission  Regulation (EEC) N° 163/89 (1) on the Community register of fishing vessels.
This Decision is addressed to the Federal Republic of Germany.