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Document 02003R1954-20140101
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 modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95
Consolidated text: 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 modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95
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 modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95
In force
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02003R1954 — EN — 01.01.2014 — 001.001
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COUNCIL REGULATION (EC) No 1954/2003 of 4 November 2003 (OJ L 289 7.11.2003, p. 1) |
Amended by:
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REGULATION (EU) No 1380/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2013 |
L 354 |
22 |
28.12.2013 |
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 modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95
CHAPTER I
SCOPE AND DEFINITIONS
Article 1
Scope
This Regulation establishes the criteria and procedures for a system relating to the management of fishing effort in ICES areas V, VI, VII, VIII, IX and X and CECAF divisions 34.1.1, 34.1.2 and 34.2.0.
Article 2
Definitions
For the purpose of this Regulation the following definitions shall apply:
ICES and CECAF zones are as defined in Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the Northeast Atlantic ( 1 );
‘fishing effort’ means the product of the capacity and the activity of a fishing vessel; for a group of vessels it means the sum of fishing effort exerted by each vessel of the group.
CHAPTER II
FISHING EFFORT MANAGEMENT REGIME
Article 3
Measures concerning the catching of demersal species and certain molluscs and crustaceans
Except for the area defined in Article 6(1), Member States shall:
assess the levels of fishing effort exerted by vessels equal to or more than 15 metres in length overall, as an annual average of the period 1998 to 2002, in each of the ICES areas and CECAF divisions referred to in Article 1 for demersal fisheries, excluding demersal fisheries, those covered by Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks ( 2 ) and fisheries for scallops, edible crab and spider crab, as laid down in the Annex to this Regulation. For the calculation of fishing effort the fishing capacity of a vessel shall be measured as the installed power expressed in kilowatts (kW);
allocate the level of fishing effort assessed conforming to subparagraph (a) in each ICES area or CECAF division, with regard to each of the fisheries mentioned in subparagraph (a).
Article 4
Fishing vessels equal to or less than 15 metres
▼M1 —————
Article 6
Conditions in the biologically sensitive area
A specific effort regime shall apply to the area enclosed by the coast of Ireland to the south of 53° 30' N and to the west of 07° 00' W and straight lines sequentially joining the following geographical coordinates:
Article 7
Lists of vessels
Article 8
Regulation of fishing effort
Article 9
The Member States may limit fishing activities by vessels flying their flag to specific gear, seasons or parts of an ICES area or CECAF division.
Article 10
Notification
Before 30 November 2003, Member States shall notify the Commission of:
the list of vessels referred to in Article 7;
the assessment of the fishing effort as described in Articles 3 and 6;
the fishing effort regulation measures, as referred to in Article 8.
Article 11
Decision-making
The Regulation, which will be adopted by the Council, may provide for the adoption of implementing rules, in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.
Article 12
Adaptations
In the event of reallocations and/or deductions of quotas, the Member States shall notify the Commission of the fishing effort corresponding to such reallocations and/or deductions.
CHAPTER III
CONTROL REGIME
Article 13
Special control provisions
For the purpose of this Regulation, Title IIA of Regulation (EEC) No 2847/93 shall apply:
in the area defined in Article 6(1) of this Regulation;
in all areas, except the area defined in Article 6(1), with exemption of Articles 19a(3), 19b, 19c, 19d and 19e(3) of Regulation (EEC) No 2847/93.
Article 14
Amendments
Regulation (EEC) No 2847/93 is hereby amended as follows:
Article 19a shall be amended as follows:
paragraph 1 shall be replaced by the following:
paragraph 2 shall be replaced by the following:
Article 19g shall be replaced by the following:
‘Article 19g
Each Member State shall record the fishing efforts deployed by vessels flying its flag in each fishing area concerned on the basis of available information contained in vessels' logbooks and information collected in accordance with Article 19e(4).’
Article 19h shall be replaced by the following:
‘Article 19h
Each Member State shall assess in overall terms the fishing efforts deployed by vessels flying its flag, which have a length of less than 15 metres in length overall, in each fishing area concerned and by vessels, which have a length of less than 10 metres in length overall, in the area referred to in Article 6 of 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 ( *1 ).’
in Article 19i, the first indent shall be replaced by the following:
in the previous month for each fishing area concerned for demersal species, before the 15th of each month’
the following Article shall be inserted after Article 19i:
‘Article 19j
Each Member State shall notify, without delay, to the other Member States, the identification details of the vessels flying its flag for which the authorisation to carry out fishing activities in one or more of the fisheries referred to in Articles 3 and 6 of Regulation (EC) No 1954/2003 is suspended or withdrawn.’
the current Article 19j becomes Article 19k;
in Article 20a, (1) and (2) shall be replaced by the following:
Article 21a shall be replaced by the following:
‘Article 21a
Each Member State shall determine the date on which the vessels flying its flag or registered in the Community shall be deemed to have reached the maximum fishing effort level in a fishing area as laid down in the Regulation referred to in Article 11(2) or (3) of Regulation (EC) No 1954/2003. As from that date, it shall provisionally prohibit the fishing activities of the said vessels in that area. The Commission shall be notified forthwith of this measure and shall then inform the other Member States.’
CHAPTER IV
FINAL PROVISIONS
Article 15
Repeal
Regulations (EC) No 685/95 and (EC) No 2027/95 shall be repealed with effect from:
the date of entry into force of the Regulation referred to in Article 11(2) or (3);
or
1 August 2004,
whichever is the earlier.
Article 16
Entry into force
This Regulation shall enter into force on the seventh 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.
ANNEX
A
Fishery |
|
Target species |
ICES area or CECAF division |
Demersal species excluding those covered by Regulation (EC) No 2347/2002 |
ICES V, VI |
ICES VII |
|
ICES VIII |
|
ICES IX |
|
ICES X |
|
CECAF 34.1.1 |
|
CECAF 34.1.2 |
|
CECAF 34.2.0 |
B
Fishery |
|
Target species |
ICES area or CECAF division |
Scallops |
ICES V, VI |
ICES VII |
|
ICES VIII |
|
ICES IX |
|
ICES X |
|
CECAF 34.1.1 |
|
CECAF 34.1.2 |
|
CECAF 34.2.0 |
C
Fishery |
|
Target species |
ICES area or CECAF division |
Edible crab and spider crab |
ICES V, VI |
ICES VII |
|
ICES VIII |
|
ICES IX |
|
ICES X |
|
CECAF 34.1.1 |
|
CECAF 34.1.2 |
|
CECAF 34.2.0 |
( 1 ) OJ L 365, 31.12.1991, p. 1. Regulation as amended by Commission Regulation (EC) No 1637/2001 (OJ L 222, 17.8.2001, p. 20).
( 2 ) OJ L 351, 28.12.2002, p. 6.
( 3 ) OJ L 171, 6.7.1994, p. 7.
( 4 ) OJ L 226, 1.10.1998, p. 47.
( *1 ) OJ L 289, 7.11.2003, p. 1.