Explanatory Memorandum to COM(2002)739 - Management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EEC) 2847/93 - Main contents
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| dossier | COM(2002)739 - Management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EEC) ... |
|---|---|
| source | COM(2002)739  |
| date | 16-12-2002 |
The Regulations (EC) No 685/95 and (EC) No. 2027/95 make up the 'Western Waters Fishing Effort Regime'. This regime allowed the adoption of the first fishing effort management regime in Atlantic Waters. The regime had a double objective:
- the implementation of the new management instrument, set out by the base Regulation (EC) No 3760/92, which had to ensure the non-increase in fishing effort for all Member States as a whole and to allocate fishing effort so as to preserve the existing distribution of fishing effort between different areas;
- the adjustment and incorporation into Community measures of the arrangements regarding access to waters and resources laid down in the Accession Act of Spain and Portugal, taking account of the necessity to preserve the equilibrium of resources in very sensitive areas, by means of certain limitations on access under the Act of Accession.
This fishing effort regime, applicable since 1 January 1996, fixed the maximum fishing effort ceilings by fishery for demersal species, which are subject to monitoring and follow-up by Members States and by the Commission, by means of Regulation(EC) 2847/93 of the Council of 12 October 1993, establishing a control system applicable to the Common Fisheries Policy.
This regime should be now revised in the light of changes in the legal framework.
The regime of access to certain areas and resources defined in the Articles 156 to 166 and 347 to 353 of the Act of Accession of Spain and Portugal expires on 31 December 2002. Spain and Portugal will from that date be fully integrated into the Common Fisheries Policy. Consequently certain provisions in Regulation (EC) 685/95, such as the limitation in the number of Spanish vessels allowed to fish in the Irish Box and the access limitations to the continental shelf waters of Portugal, have to be revised to take account of the new legal situation. There are also certain provisions of Title II of Regulation (EC) 2847/93 i of 12 October 1993, establishing a control system applicable to the common fisheries policy, that shall also be reviewed to take into account the new legal situation.
The Regulation (EC) 685/95 and the Regulation (EC) 2027/85, unlike the provisions of the Act of Accession, did not contain an explicit time limit as to their validity. However some are of the opinion that the Regulations cease to apply with the expiry of the transitional period in the Act of Accession because of the expressed link between the two set of rules. On the contrary, others consider that because the Regulations do not contain explicit time limits and are based on Article 37 (former 43) of the Treaty they continue to apply, but have to be revised to remove existing discriminations between Member States.
The Commission is concerned that this legal uncertainty should not lead to problems between Member States or fishermen at sea.
It is therefore necessary that the legislator acts as soon as possible to remove any discrimination on nationality between Member States still contained in the Regulations, while maintaining efficient management of resources in the areas concerned.
In the meantime Member States should act responsibly and co-operate in order to ensure the maintenance of conservation measures and the avoidance of disputes about fishing rights in the areas concerned.
It is important for fisheries management that the provisions of Regulation (EC) No 685/95 and Regulation (EC) No 2027/95, which are designed to establish a management system in order to prevent an increase in fishing effort and which are not related to the Act of Accession of Spain and Portugal should be maintained in the present proposal.
However the significant reduction in overall fishing possibilities in the area concerned since 1996 makes it necessary to revise fishing effort ceilings.
The new fishing effort regime proposed for the Atlantic waters takes account of these evolutions and is aimed at guaranteeing the stability of fishing effort levels in the Atlantic waters, on the basis of deployed fishing effort over a recent period by the vessels of all Member States.
To achieve this objective the present proposal foresees the following:
- A. The establishment of lists of fishing vessels authorised to exercise their fishing activities in the fisheries.
The proposal foresees that Member States establish lists of vessels flying their flag, which will be authorised to exercise fishing activities within the fisheries. Contrary to the existing list and to avoid an increase in fishing effort this list will be limited to vessels which, during the period 1998 to 2002, exercised fishing activities in these fisheries. However, each Member State will be able to replace vessels on this list on the condition that there is no increase in capacity.
- B. The evaluation and the setting of maximum fishing effort ceilings for demersal fisheries.
It is proposed that Member States shall assess the levels of fishing effort exerted during the period 1998 to 2002 in each ICES sub-area and division and CECAF area defined in Annexes I and II and shall allocate levels of fishing effort assessed in each of these sub-areas, divisions or areas, taking into account the fishing opportunities available in 2003 in the corresponding
sub-areas, divisions or areas i. On the basis of this information, the Council will fix the maximum annual fishing effort for each Member State and each fishery. These levels will be determined on the basis of information transmitted to the Commission by Member States according to the present Regulation, and to Article 19 (f) of the Control Regulation 2847/93.
The fishing effort will be managed, for each fishery, in same manner as in preceding periods, that is to say based on the type of fishing gear, the targeted species and the different ICES subareas and divisions and CECAF areas where effort is deployed.
These fishing effort levels will take into consideration the evolution of the fisheries and the utilisation of fishing efforts by Member States since 1996 and will be the basis of the future management of fishing efforts in the Atlantic.
- C. Measures concerning the capture of pelagic species.
It is also foreseen to implement maximum effort ceilings to be deployed by Member State fleets for pelagic species, on the basis of the fishing effort effectively deployed during the period 1998 to 2002 for the regulated stocks, which was not foreseen in former fishing effort regime4. The evolution of certain pelagic fisheries requires, in effect, that the level of fishing effort be limited in order to avoid over-exploitation of these stocks.
- D. The establishment of conditions to exercise certain fishing activities.
The present proposal foresees the maintenance of the access limitations to the waters of some outermost regions of the Community (Azores, Canaries, Madeira). It is planned that the access of tuna fishing vessels will be excluded, except under common agreements between Spain and Portugal.
The present regime provisionally keeps these access limitations on the basis of the status of outermost regions (Article 292, paragraph 2 of the EC Treaty) until the assessment and definition of new access rules by the Commission during 2003.
- E. The adaptation of the Fishing Effort Control Regime.
This proposal foresees the maintenance of monitoring and control measures, previously established in the Title II bis of the Regulation (EC) No 2847/93. However, certain measures have been modified to take into consideration the expiry of the access to waters and resources regimes, established in the Act of Accession of Spain and Portugal.
Given the urgency of the need to create legal certainty, the Commission calls on the Council to act as soon as possible and to request that an urgency procedure be followed for consultation of the European Parliament.