Considerations on COM(2002)739 - Management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EEC) 2847/93

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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) ...
document COM(2002)739 EN
date November  4, 2003
 
(1) Article 4 of Council Regulation (EEC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy(3) provides that the Council shall establish Community measures governing access to waters and resources and the sustainable pursuit of fishing activities.

(2) The regime of access to certain areas and resources defined in the Articles 156 to 166 and Articles 347 to 353 of the Act of Accession of Spain and Portugal has expired on 31 December 2002. Consequently, certain provisions of Council Regulation (EC) No 685/95 of 27 March 1995, on the management of the fishing effort relating to certain Community fishing areas and resources(4), and Council Regulation (EC) No 2027/95 of 15 June 1995, establishing a system for the management of fishing effort relating to certain Community fishing areas and resources(5) need to be adapted to the new legal situation.

(3) Other provisions laid down in Regulations (EC) No 685/95 and (EC) No 2027/95 are designed to establish a general system for the management of fishing effort in order to prevent an increase in fishing effort and are not related to the Act of Accession of Spain and Portugal. Those provisions are important for fisheries management and should be maintained.

(4) In order to ensure that there is no increase in the overall levels of existing fishing effort, it is necessary to establish a new fishing effort management regime in ICES areas V, VI, VII, VIII, IX and X and CECAF divisions 34.1.1, 34.1.2 and 34.2.0. This regime shall limit fishing effort on the basis of the fishing effort deployed in these fisheries during the period 1998 to 2002.

(5) In order to ensure consistency between different fishing effort management rules, the general fishing effort limitation provided for in this Regulation should be reviewed whenever the Council adopts fishing effort management rules for fisheries in the same area or part of it, as part of a recovery plan. A review of the implementation of the present scheme by December 2006 would also allow the Council to reassess the situation.

(6) It is necessary for the protection of the sensitive biological situation of the waters around the Azores, Madeira and the Canary Islands and the preservation of the local economy of these islands, having regard to their structural, social and economic situation, to limit certain fishing activities in those waters to vessels registered in the ports of these islands. A review of these measures by December 2006 would allow the Council to reassess the situation.

(7) An area to the South and West of Ireland has been identified as an area of high concentration of juvenile hake. This area has been made subject to special restrictions on the use of demersal gear. For the same conservation purpose it should also be subject to specific effort limitation requirements within the general system described above. A review of these requirements by December 2008 would allow the Council to reassess the situation.

(8) It is the responsibility of flag Member States to adopt measures to regulate fishing effort; as a result, it is necessary to ensure transparency and equity of management and monitoring procedures.

(9) Taking account of the special conservation requirements of species having a geographic distribution that extends into the waters under the sovereignty or jurisdiction of more than one Member State, Member States should be authorised to limit fishing activities by vessels flying their flag to specific gear, seasons and areas.

(10) It should be possible for the Commission to adjust the maximum fishing effort limits, based on a justified request from a Member State, to allow it to fully utilise its fishing possibilities.

(11) As a consequence of the change in the fishing effort management regime it is necessary to make corresponding changes in Titles IIA and III of the Council Regulation (EEC) No 2847/93 of 12 October 1993, establishing a control system applicable to the common fisheries policy(6).

(12) In order to ensure legal certainty, to avoid alterations in the current balance in the areas and resources involved and to guarantee that the fishing effort deployed is in balance with available resources, Regulations (EC) No 685/95 and (EC) No 2027/95 should be repealed.

(13) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).