Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks
Modified by
  • Council Regulation (EC) No 2269/2004of 20 December 2004amending Regulations (EC) Nos 2340/2002 and 2347/2002 as concerns fishing opportunities for deep sea species for the new Member States which acceded in 2004, 32004R2269, December 31, 2004
  • Regulation (EU) 2015/812 of the European Parliament and of the Councilof 20 May 2015amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation, and repealing Council Regulation (EC) No 1434/98, 32015R0812, May 29, 2015
  • Regulation (EU) 2016/2336 of the European Parliament and of the Councilof 14 December 2016establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002, 32016R2336, December 23, 2016
Council Regulation (EC) No 2347/2002of 16 December 2002establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks
Article 1ScopeThis Regulation applies to Union fishing vessels carrying out fishing activities in ICES (International Council for the Exploration of the Sea) sub-areas I to XIV inclusive, and Union waters of CECAF areas 34.1.1, 34.1.2, 34.1.3 and 34.2 which lead to catches of species listed in Annex I.
Article 2DefinitionsFor the purpose of this Regulation, the following definitions shall apply:(a)"deep-sea species" means species included in the list in Annex I;(b)"deep-sea fishing permit" means a special fishing permit for deep-sea species issued in accordance with Article 7 of Regulation (EC) No 1627/94;(c)"power" means the total installed engine power of vessels in kilowatt, measured in accordance with Council Regulation (EEC) No 2930/86, of 22 September 1986, defining characteristics for fishing vesselsOJ L 274, 25.9.1986, p. 1. Regulation as amended by Regulation (EC) No 3259/94 (OJ L 339, 29.12.1994, p. 11).;(d)"volume" means gross tonnage, measured in accordance with Regulation (EEC) No 2930/86;(e)"kilowatt-fishing days" means the product of the power as defined in (c) and the number of days in which a fishing vessel has any item of fishing gear deployed in the water;(f)"unintended catches" means incidental catches of marine organisms which, under Article 15 of Regulation (EU) No 1380/2013 of the European Parliament and of the CouncilRegulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22)., must be landed and counted against quotas either because they are below the minimum conservation reference size or because they exceed the quantities permitted under the catch composition and by-catch rules.
Article 3Deep-sea fishing permit1.Member States shall ensure that fishing activities which lead to catches and retention on board of more than 10 tonnes each calendar year of deep-sea species by vessels flying their flag and registered in their territory shall be subject to a deep-sea fishing permit.Fishing vessels not holding a deep-sea fishing permit shall be prohibited from fishing for deep-sea species in excess of 100 kg in each sea trip. Deep-sea species caught in excess of 100 kg by such vessels shall not be retained on board, trans-shipped or landed.The second subparagraph shall not apply to unintended catches of deep-sea species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Those unintended catches shall be landed and counted against quotas.2.Upon a request of a Member State specific measures may be laid down to take account of seasonal or artisanal fisheries.3.Detailed rules for the application of paragraph 2 shall be adopted in accordance with the procedure referred to in Article 11(2).
Article 4Effort restriction1.Member States shall calculate the aggregate power and the aggregate volume of its vessels which, in any one of the years 1998, 1999 or 2000, have landed more than 10 tonnes of any mixture of the deep-sea species.These aggregate values shall be communicated to the Commission.Upon written request by the Commission, Member States shall provide within thirty days, documentation of the catch records made by vessels to which deep-sea fishing permits have been granted.2.Each Member State can only issue deep-sea fishing permits to its vessels if:(a)the aggregate power of those vessels does not exceed the aggregate power determined in accordance with paragraph 1, and/or(b)the aggregate volume of those vessels does not exceed the aggregate volume determined in accordance with paragraph 1.3.By way of derogation from paragraph 1, the Member States which acceded in 2004 shall calculate the aggregate power and the aggregate volume of their vessels which, in any one of the years 2000, 2001 or 2002, have landed more than 10 tonnes of any mixture of deep-sea species. These aggregate values shall be communicated to the Commission.
Article 5Reporting of fishing gear characteristics and fishing operationsIn addition to his obligations under Article 6 of Regulation (EEC) No 2847/93, the master of a Union fishing vessel holding a deep-sea fishing permit shall record in the logbook or in a form provided by the flag Member State the information listed in Annex III.
Article 6Vessel monitoring system1.Notwithstanding Article 6(2) of Regulation (EC) No 1489/97, in the event of technical failure or non-functioning of the satellite tracking device fitted on board a fishing vessel, the master of the vessel shall report its geographical situation to the flag and coastal Member States every two hours.2.After the sea trip has concluded, the vessel must not leave the port until the satellite tracking device is functioning to the satisfaction of the competent authorities.3.Repeated instances of non-compliance with the obligations laid down in paragraphs 1 and 2 shall be considered as conduct that seriously infringes the Common Fisheries Policy, according to Council Regulation (EC) 1447/1999, of 24 June 1999, establishing a list of types of behaviour which seriously infringe the rules of the Common Fisheries PolicyOJ L 167, 2.7.1999, p. 5..4.Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 11(2).
Article 7Designated ports1.As from 1 March 2003 it shall be prohibited to land any quantity of any mixture of deep-sea species in excess of 100 kg at any place other than the ports which have been designated for landing deep-sea species.2.Each Member State shall designate ports into which any landing of deep-sea species in excess of 100 kg shall take place and shall determine the associated inspection and surveillance procedures, including the terms and conditions for recording and reporting the quantities of deep-sea species within each landing.3.Each Member State shall transmit to the Commission within 60 days of the date of entry into force of this Regulation a list of designated ports and, within 30 days thereafter, the associated inspection and surveillance procedures referred to in paragraph 2.The Commission shall transmit this information to all other Member States.
Article 8Observers1.Each Member State shall assign scientific observers to the fishing vessels for which a deep-sea fishing permit has been issued in accordance with a sampling plan as provided for in paragraph 2.2.Each Member State shall prepare a sampling plan for the deployment of observers and sampling at port that shall ensure collection of representative data that are adequate for the assessment and management of the deep-sea fish stocks.The sampling plan shall be approved by the Commission on the basis of a scientific and statistical evaluation within six months after the entry into force of this Regulation.3.Detailed rules for the application of paragraphs 1 and 2 shall be adopted in accordance with the procedure referred to in Article 11(2).4.The scientific observer shall:(a)record independently in a logbook the information referred to in Article 5;(b)present a report to the competent authorities of the Member State concerned within 20 days following the termination of the observation period. A copy of this report shall be sent to the Commission, within 30 days after receipt of a written request;(c)perform additional duties as required in the sampling plan.5.The scientific observer shall not be any of the following:(a)a relative of the master of the vessel or other officer serving on the vessel to which the observer is assigned;(b)an employee of the master of the vessel to which he is assigned;(c)an employee of the master's representative;(d)an employee of a company controlled by the master or his representative;(e)a relative of the master's representative.
Article 9InformationIn addition to the obligations laid down in Articles 15 and 19i of Regulation (EEC) No 2847/93, Member States, on the basis of the information recorded in logbooks including full records of fishing days out of port and reports presented by the scientific observers, shall communicate, for each half calendar year within three months of the expiry of that half calendar year, to the Commission the information about catches of deep-sea species and fishing effort deployed, expressed as kilowatt-fishing days, broken down by quarter of the year, by type of gear, by species, as well as information concerning those in Annex II and by ICES statistical rectangle or CECAF subdivision.The Commission shall transmit this information to the relevant scientific bodies without delay.
Article 10Follow-upThe Commission will submit to the European Parliament and to the Council a report on the overall scheme for managing deep-water species before 30 June 2005. On the basis of this report, the Commission will propose to the Council any necessary amendments to this scheme.
Article 11Committee procedure1.The Commission shall be assisted by the Committee established by Article 17 of Council Regulation (EEC) No 3760/92.2.Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.3.The Committee shall adopt its rules of procedure.
Article 12Entry into forceThis Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.It shall apply from 1 of January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX Ι
List of deep-sea species
Scientific nameCommon name
Aphanopus carboBlack scabbardfish
Apristuris spp.Iceland catshark
Argentina silusGreater silver smelt
Beryx spp.Alfonsinos
Centrophorus granulosusGulper shark
Centrophorus squamosusLeafscale gulper shark
Centroscyllium fabriciiBlack dogfish
Centroscymnus coelolepisPortuguese dogfish
Coryphaenoides rupestrisRoundnose grenadier
Dalatias lichaKitefin shark
Deania calceusBirdbeak dogfish
Etmopterus princepsGreater lanternshark
Etmopterus spinaxVelvet belly
Galeus melastomusBlackmouth dogfish
Galeus murinusMouse catshark
Hoplostethus atlanticusOrange roughy
Molva dypterigiaBlue ling
Phycis blennoidesForkbeards
Centroscymnus crepidaterLongnose velvet dogfish
Scymnodon ringensKnifetooth dogfish
Hexanchus griseusSix-gilled shark
Chlamydoselachus anguineusFrilled shark
Oxynotus paradoxusSailfin roughshark (Sharpback shark)
Somniosus microcephalusGreenland shark
ANNEX II
Additional list of deep sea-species referred to in Article 9
Scientific nameCommon name
Pagellus bogaraveoRed (blackspot) seabream
Chimaera monstrosaRabbit fish (Rattail)
Marcrourus berglaxRoughhead grenadier (Rough rattail)
Mora moroCommon mora
Antimora rostrataBlue antimora (Blue hake)
Epigonus telescopusBlack (Deep-water) cardinal fish
Helicolenus dactylopterusBluemouth (Blue mouth redfish)
Conger congerConger eel
Lepidopus caudatusSilver scabbard fish (Cutlass fish)
Alepocephalus bairdiiBaird's smoothhead
Lycodes esmarkiiEelpout
Raja hyperboreaArctic skate
Sebastes viviparusSmall redfish (Norway haddock)
Hoplostethus mediterraneusSilver roughy (Pink)
Trachyscorpia cristulataSpiny (Deep-sea) scorpionfish
Raja nidarosiensusNorwegian skate
Chaecon (Geryon) affinisDeep-water red crab
Raja fyllaeRound skate
Hydrolagus mirabilisLarge-eyed rabbit fish (Ratfish)
Rhinochimaera atlanticaStraightnose rabbitfish
Alepocephalus rostratusRisso's smoothhead
Polyprion americanusWreckfish
ANNEX IIIInformation concerning fishing gear characteristics and fishing operations referred to in Article 51.For vessels using long-lines:the average number of hooks used on the long-lines,the total time the lines have been in the sea in any 24-hour period and the number of shots in this period,fishing depths.2.For vessels using fixed nets:the mesh size used in the nets,the average length of the nets,the average height of the nets,the total time the nets have been in the sea in a 24-hour period and the total number of hauls in this time,fishing depths.3.For vessels using towed gear:the size of the mesh used in the nets,the total time the nets have been in the sea in a 24-hour period and the total number of hauls in this time,fishing depths.
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