Council Regulation (EC) No 2287/2003 (repealed)Show full title

Council Regulation (EC) No 2287/2003

of 19 December 2003

fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (repealed)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of 2003(1), in particular Article 24, Annexes VI, VIII, IX and XII thereof,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy(2), and in particular Article 20 thereof,

Having regard to Council Regulation (EC) No 66/98 of 18 December 1997 laying down certain conservation and control measures applicable to fishing activities in the Antarctic(3), and in particular Article 21 thereof,

Having regard to the proposal of the Commission,

Whereas:

(1) Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking into account available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries.

(2) Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council, to establish the total allowable catches (TAC) by fishery or group of fisheries. Fishing opportunities should be allocated to Member States and third countries in accordance with the criteria laid down in Article 20 of that Regulation.

(3) In order to ensure effective management of the TACs and quotas, the specific conditions under which fishing operations occur should be established.

(4) It is necessary to establish the principles and certain procedures of fishery management at Community level, so that Member States can ensure the management of the vessels flying their flag.

(5) In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas(4), it is necessary to identify the stocks which are subject to the various measures fixed therein.

(6) In accordance with the procedure provided for in the agreements or protocols on fisheries relations, the Community has held consultations on fishing rights with Norway(5), the Faroe Islands(6), Greenland(7), Iceland(8), Latvia(9), Lithuania(10) and Estonia(11).

(7) Pursuant to Article 124 of the 1994 Act of Accession, fisheries agreements concluded by Sweden and Finland with third countries are managed by the Community. In accordance with these agreements, the Community has held consultations with Poland.

(8) Pursuant to the 2003 Act of Accession, provisions on fishing opportunities for Estonia, Latvia, Lithuania and Poland are to be in accordance with the Accession Treaty from the date of accession. However, the same basis for allocation of fishing opportunities should be applied from 1 January 2004 until the date of accession.

(9) The Community is a Contracting Party to several regional fisheries organisations. These fisheries organisations have recommended the setting of catch limitations and other conservation rules for certain species. These recommendations should therefore be implemented by the Community.

(10) At its Annual Meeting, the International Commission for the Conservation of Atlantic Tunas (ICCAT) has adopted tables indicating the under-utilisation and over-utilisation of the ICCAT contracting parties fishing possibilities. In this context, ICCAT has adopted a decision observing that during the year 2002, the European Community had underexploited its quota for several stocks.

(11) In order to respect the adjustments to the Community quotas established by ICCAT, it is necessary for the distribution of the under-utilisation to be carried out on the basis of the respective contribution of each Member State towards the under-utilisation without modifying the distribution key established in this Regulation concerning the annual allocation of TACs.

(12) The execution of fishing opportunities should be in accordance with the Community legislation on the matter, and in particular with Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels(12), Council Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish(13), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(14), Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean(15), Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits(16), Regulation (EC) No 66/98, Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound(17), Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(18) and, Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for purposes other than direct human consumption(19).

(13) In order to contribute to the conservation of fish stocks, certain complementary measures on control and technical conditions of fishing should be implemented in 2004.

(14) It is necessary to adopt Community provisions concerning fishing in the Gulf of Riga in accordance with the guidelines established in the 2003 Act of Accession. It is appropriate to introduce an obligation to hold special fishing permits in order to have access to these waters.

(15) The Inter-American Tropical Tuna Commission (IATTC) adopted, at its meeting in October 2003, a special closure of fisheries for the purse seine fleet, along with technical measures regarding the retention of all catches, by-catch provisions and provisions relating to sea turtles. Although the Community is not a member of this organisation, it is necessary to implement those catch limitations to ensure sustainable management of this fish resource.

(16) TACs for stocks for which recovery plans can already be implemented in 2004 should correspond to the recovery strategies laid down in these plans. For stocks where such recovery plans cannot be implemented in 2004, a more restrictive short-term management should apply.

(17) Pending the adoption of recovery plans and the implementation of the effort management schemes included therein, it is necessary to apply provisional effort management schemes at least for the most endangered stocks, those for which the International Council for the Exploration of the Sea (ICES) recommends a zero TAC in 2004.

(18) It is necessary, following the advice from ICES, to apply a temporary system to manage the fishing effort of the industrial fishery for sandeel in ICES sub-area IV (Skagerrak and the North Sea).

(19) At its 25th Annual Meeting of 15 to 19 September 2003, Northwest Atlantic Fisheries Organisation (NAFO) adopted a rebuilding plan for Greenland halibut in NAFO Sub-area 2 and divisions 3KLMNO. The plan foresees a reduction of the TAC level until 2007 as well as additional measures to ensure its effectiveness. It is therefore necessary to implement these measures already from 2004 pending the adoption of a Council Regulation implementing multiannual measures to rebuild the Greenland halibut stock.

(20) In order to comply with international obligations undertaken by the Community as a Contracting Party to the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), including the obligation to apply the measures adopted by the CCAMLR Commission, the TACs adopted by the latter for the 2003-2004 season and the corresponding season limit dates should be applied.

(21) At its XXII Annual meeting in 2003, CCAMLR approved the participation of EC-flagged vessels in exploratory fisheries for Dissostichus spp. in Sub-areas FAO 88.1 and FAO 48.6, and made the relevant fishing activities subject to catch and by-catch limits, as well as to certain specific technical measures. Those limits and technical measures should also be applied.

(22) In order to ensure the livelihood of Community fishermen, it is important to open these fisheries on 1 January 2004. Given the urgency of the matter, it is imperative to grant an exception to the six-week period mentioned in paragraph I(3) of the Protocol on the role of national Parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 236, 23.9.2003, p. 1.

(2)

OJ L 358, 31.12.2002, p. 59.

(3)

OJ L 6, 10.1.1998, p. 1. Regulation as repealed by Regulation (EC) No 2742/1999 (OJ L 341, 31.12.1999, p. 1).

(4)

OJ L 115, 9.5.1996, p. 3.

(5)

OJ L 226, 29.8.1980, p. 48.

(6)

OJ L 226, 29.8.1980, p. 12.

(7)

OJ L 29, 1.2.1985, p. 9.

(8)

OJ L 161, 2.7.1993, p. 1.

(9)

OJ L 332, 20.12.1996, p. 1.

(10)

OJ L 332, 20.12.1996, p. 6.

(11)

OJ L 332, 20.12.1996, p. 16.

(12)

OJ L 132, 21.5.1987, p. 9.

(13)

OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Commission Regulation (EC) No 1965/2001 (OJ L 268, 9.10.2001, p. 23).

(14)

OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).

(15)

OJ L 171, 6.7.1994, p. 1. Regulation as last amended by Regulation (EC) No 973/2001 (OJ L 137, 19.5.2001, p. 1).

(16)

OJ L 171, 6.7.1994, p. 7.

(17)

OJ L 9, 15.1.1998, p. 1. Regulation as last amended by Regulation (EC) No 1520/98 (OJ L 201, 17.7.1998, p. 1).

(18)

OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) No 973/2001 (OJ L 137, 19.5.2001, p. 1).

(19)

OJ L 191, 7.7.1998, p. 10.