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Council Regulation (EC) No 1415/2004 of 19 July 2004 fixing the maximum annual fishing effort for certain fishing areas and fisheries

In forceVersion 2004-07-19from 2004-08-25
Grade B

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Contents
  1. Preamble
    1. Article 1 Subject matter
    2. Article 2 Maximum levels
    3. Article 3 Transiting through an area
    4. Article 4 Methodology
    5. Article 5 Compliance with other fishing effort limitation schemes
    6. Article 6 Entry into force
  3. ANNEX
  4. ANNEX I Maximum levels of annual fishing effort as determined on the basis of Article 3(1)(a) and (b) of Regulation (EC) No 1954/2003
  5. ANNEX II Maximum levels of annual fishing effort as determined in the biologically sensitive area referred to in Article 6 of Regulation (EC) No 1954/2003

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources, and in particular Article 11(2) thereof,

Whereas:

(1) Regulation (EC) No 1954/2003 establishes the conditions and procedures for the introduction of a system for the management of fishing effort in certain Community fishing areas and resources.

(2) The Member States have submitted to the Commission the information required in accordance with Regulation (EC) No 1954/2003 and in particular the annual average fishing effort over the period 1998 to 2002 exerted by vessels equal to or more than 15 m in length overall in the areas defined in that Regulation and the annual average fishing effort over the period 1998 to 2002 exerted by vessels equal to or more than 10 m in length overall in the biologically sensitive area defined in that Regulation.

(3) In the assessment of fishing effort referred to in Regulation (EC) No 1954/2003, the installed power has been understood as the power of a vessel, as defined in Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels.

(4) The Commission forwarded to the Member States the information required pursuant to Regulation (EC) No 1954/2003 and, after consultation with them, assessed the data provided in relation to fishing effort limitations adopted under previous or current Community measures which involve or have involved the management of fishing effort.

(5) The maximum annual fishing effort, to be fixed for the vessels flying the flag of a Member State, by group of species, area and fishery, should be equal to the global fishing effort exerted over the five-year period 1998 to 2002 by those vessels, divided by five,

HAS ADOPTED THIS REGULATION:

Article 1 Subject matter

This Regulation sets the maximum annual fishing effort for each Member State and for each area and fishery defined in Articles 3 and 6 of Regulation (EC) No 1954/2003.

Article 2 Maximum levels

1. The maximum levels of annual fishing effort by group of species, area and fishery, and by Member State, for the areas referred to in Article 3(1)(a) and (b) of Regulation (EC) No 1954/2003, are set out in Annex I to this Regulation.

2. The maximum levels of annual fishing effort by group of species, area and fishery, and by Member State, for the area referred to in Article 6(1) of Regulation (EC) No 1954/2003, are set out in Annex II to this Regulation.

Article 3 Transiting through an area

1. Each Member State shall ensure that the utilisation of fishing effort allocations by area, as defined in Articles 3 and 6 of Regulation (EC) No 1954/2003, will not result in more time spent fishing by comparison to fishing effort levels exerted during the reference period.

2. Fishing effort established as a result of a vessel transiting through an area where no fishing operation had taken place during the reference period shall not be used for the purpose of carrying out fishing operations in that area. Each Member State shall record such fishing effort separately.

Article 4 Methodology

Each Member State shall ensure that the method used to record fishing effort is the same as the one used in assessing the levels of fishing effort according to Articles 3 and 6 of Regulation (EC) No 1954/2003.

Article 5 Compliance with other fishing effort limitation schemes

The maximum levels of annual fishing effort fixed in Annexes I and II shall be without prejudice to fishing effort limitations fixed under recovery plans or any other management measure under Community law provided that the measure with the lower amount of fishing effort is complied with.

Article 6 Entry into force

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 July 2004. For the Council The President C. Veerman

ANNEX

ANNEX I Maximum levels of annual fishing effort as determined on the basis of Article 3(1)(a) and (b) of Regulation (EC) No 1954/2003

Fishing area (except, where appropriate, for the area defined in Article 6(1) of Regulation (EC) No 1954/2003) Annual average of fishing effort, in kW(x) days, in connection with vessels equal to or more than 15 metres in length Belgium Denmark Germany Spain France Ireland The Netherlands Portugal United Kingdom Table ADemersal species excluding those covered by Regulation (EC) No 2347/2002 Total 8197827 215234 424882 88117785 77270095 10229052 759606 35728844 50021901 ICES V, VI 58452 215234 186370 2460000 11649154 2324932 6000 0 24017229 ICES VII 7396910 0 233560 17957785 40657844 7904120 350279 0 25786266 ICES VIII 742465 0 4952 33100000 24963097 0 403327 2552222 218406 ICES IX 0 0 0 15300000 0 0 0 29936606 0 ICES X 0 0 0 0 0 0 0 2360033 0 CECAF 34.1.1 0 0 0 14500000 0 0 0 94659 0 CECAF 34.1.2 0 0 0 4800000 0 0 0 378452 0 CECAF 34.2.0 0 0 0 0 0 0 0 406872 0 Table BScallops Total 354066 0 0 380000 8349182 530778 155157 0 5290044 ICES V, VI 0 0 0 0 0 5766 0 0 1974425 ICES VII 354066 0 0 0 7447932 525012 155157 0 3315619 ICES VIII 0 0 0 170000 901250 0 0 0 0 ICES IX 0 0 0 210000 0 0 0 0 0 ICES X 0 0 0 0 0 0 0 0 0 CECAF 34.1.1 0 0 0 0 0 0 0 0 0 CECAF 34.1.2 0 0 0 0 0 0 0 0 0 CECAF 34.2.0 0 0 0 0 0 0 0 0 0 Table CEdible crab and spider crab Total 0 0 0 2920000 2465482 505960 0 0 1245658 ICES V, VI 0 0 0 0 0 465000 0 0 702292 ICES VII 0 0 0 0 1946719 40960 0 0 543366 ICES VIII 0 0 0 500000 518763 0 0 0 0 ICES IX 0 0 0 750000 0 0 0 0 0 ICES X 0 0 0 0 0 0 0 0 0 CECAF 34.1.1 0 0 0 0 0 0 0 0 0 CECAF 34.1.2 0 0 0 1670000 0 0 0 0 0 CECAF 34.2.0 0 0 0 0 0 0 0 0 0

ANNEX II Maximum levels of annual fishing effort as determined in the biologically sensitive area referred to in Article 6 of Regulation (EC) No 1954/2003

Target species in the biologically sensitive area defined in Article 6(1) of Regulation (EC) No 1954/2003 Annual average of fishing effort, in kW(x) days, for vessels equal to or more than 10 metres in length overall Belgium Denmark Germany Spain France Ireland The Netherlands Portugal United Kingdom Demersal species excluding those covered by Regulation (EC) No 2347/2002 135432 0 8326 5642215 9559653 7154490 0 0 3061485 Scallops 0 0 0 0 31039 109395 0 0 1223 Edible crab and spider crab 0 0 0 0 84690 63198 0 0 393 Total 135432 0 8326 5642215 9675382 7327083 0 0 3063101

Versions

  1. 2004-07-19

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