Commission Regulation (EC) No 2103/2004 of 9 December 2004 concerning the transmission of data on certain fisheries in the western waters and the Baltic Sea
Commission Regulation (EC) No 2103/2004of 9 December 2004concerning the transmission of data on certain fisheries in the western waters and the Baltic Sea THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,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 PolicyOJ L 358, 31.12.2002, p. 59., and in particular Article 22(3) thereof,Whereas:(1)The maximum levels of annual fishing effort for certain fishing areas and fisheries are fixed by Council Regulation (EC) No 1415/2004 of 19 July 2004OJ L 258, 5.8.2004, p. 1., as provided for by Article 11(2) of Council Regulation (EC) No 1954/2003 of 4 November 2003OJ L 289, 7.11.2003, p. 1. 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.(2)Commission Regulation (EC) No 2092/98 of 30 September 1998OJ L 266, 1.10.1998, p. 47. concerning the declaration of fishing effort relating to certain Community fishing areas and resources is no longer in line with Regulations (EC) No 1954/2003 and 1415/2004 as regards the western waters. It is therefore necessary to redefine the obligations relating to the fishing effort declarations for the western waters.(3)The existing obligations for the fishing effort declarations for the Baltic Sea, as laid down in Regulation (EC) No 2092/98, should remain in force.(4)By reason of the number and the importance of the amendments to be made and with regard to coherence between the new obligations for the western waters and the existing obligations for the Baltic Sea, Regulation (EC) No 2092/98 should be repealed.(5)The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,HAS ADOPTED THIS REGULATION:
CHAPTER IWESTERN WATERS
Article 1Lists of vessels with special fishing permit1.Member States shall transmit to the Commission, within 30 days from the date of entry into force of this Regulation, an updated version of the list of vessels referred to in Article 7 of Regulation (EC) No 1954/2003 using the reporting format set out in Annex I to this Regulation.2.In accordance with Article 10(2) of Council Regulation (EC) 1954/2003 and Article 19(f) of Regulation (EC) 2847/1993OJ L 261, 20.10.1993, p. 1., amendments to the information contained in Annex I will be reported to the Commission on a daily basis by sending the complete updated Annex I at the time a special fishing permit as referred to in Article 8(3) of Regulation (EC) 1954/2003 is issued or withdrawn.
Article 2Fishing effort1.Member States shall transmit to the Commission the aggregated data on fishing effort, exerted by the vessels referred to in Article 1 in the previous month, before the 15th of each month using the reporting format set out in Annex II to this Regulation.2.For the first fishing effort declaration, the reference period for the aggregated data shall start on 1 January 2004.
CHAPTER IITHE BALTIC SEA
Article 3Lists of vessels with special fishing permit1.Member States shall transmit to the Commission the list of vessels, referred to in Article 2 of Regulation (EC) No 779/97, using the reporting format set out in Annex III to this Regulation.2.Amendments to the lists of vessels shall be reported to the Commission, using the same reporting format, at the latest four working days before the date of entry of vessels into the fishing area.
Article 4Fishing effortMember States shall transmit to the Commission the aggregated data on fishing effort, referred to in the second and third indent of Article 19(i) of Regulation (EEC) No 2847/93, in accordance with Annex IV to this Regulation.
CHAPTER IIIGENERAL PROVISIONS
Article 5Transfer of data and access to data1.Member States shall communicate the data referred in Articles 1 to 4 to the Commission through the Fisheries Data Exchange System (or any future data system decided by the Commission).2.The Commission shall make the data regarding the updated lists of vessels available through the Fisheries Data Exchange System (or any future data system decided by the Commission).3.For the list of vessels referred to in Article 1 and the fishing effort declarations referred to in Article 2, the Fisheries Data Exchange System shall be adapted by the Commission by 1 July 2005, at the latest.Until that date, the data referred to in Articles 1 and 2 shall be communicated by the Member States to the Commission in spreadsheet format by sending it to the appropriate mailbox address which shall be communicated to the Member States by the Commission.
Article 6Repeal1.Regulation (EC) No 2092/98 is repealed.2.References made to the repealed Regulation shall be construed as references to this Regulation.
Article 7Entry into forceThis Regulation shall enter into force on the seventh day following 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, 9 December 2004.For the CommissionJoe BorgMember of the CommissionANNEX ILIST OF VESSELS WITH SPECIAL FISHING PERMIT — WESTERN WATERS
Reporting format
CountrySpeciesCFRExternal markingICES V-VIICES VIIICES VIIIICES IXICES XCECAF 34.1.1CECAF 34.1.2CECAF 34.2.0Biologically sensitive areaRegulation (EC) No 1954/2003 Article 6
(1)(2)(3)(4)(5)(5)(5)(5)(5)(5)(5)(5)(5)
Data formatRelevant information for transmission of data by fixed-length formatting.
Name of zoneMaximum number of characters/digitsAlignmentL(eft)/R(ight)Definition and comments
(1)Country3—Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002.Always the reporting country.
(2)Species1—One of the target species covered by Regulation (EC) No 1954/2003 using one of the following codes:Ddemersal species excluding those covered by Regulation (EC) No 2347/2002SscallopsCedible crab and spider crab
(3)CFR12—(Community Fleet Register Number).Unique identification number of a fishing vessel.Member State (Alpha-3 ISO code) followed by an identifying series (nine characters). Where a series has fewer than nine characters additional zeros must be inserted on the left-hand side.
(4)External marking14LUnder Regulation (EEC) No 1381/87.
(5)Area1—Indicate if the vessel has a special fishing permit for this area as defined by Article 8(3) of Regulation (EC) No 1954/2003.Y (Yes)/N (No)
ANNEX IIFISHING EFFORT — WESTERN WATERS
Reporting format(a) and (b): Data only to be transmitted until 1 July 2005 in the spreadsheet format mentioned under Article 5 of this Regulation. After 1 July 2005 these data will be provided by the Fisheries Data Exchange System.
CountrySpeciesAreaYearMonthDeclaration (a)Cumulative DeclarationYearly Allocation (b)
(1)(2)(3)(4)(5)(6)(7)(8)
Data formatRelevant information for transmission of data by fixed-length formatting.
Name of zoneMaximum number of characters/digitsAlignmenL(eft)/R(ight)Definition and comments
(1)Country3—Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002.Always the reporting country
(2)Species1—One of the target species covered by Regulation (EC) No 1954/2003 using one of the following codes:Ddemersal species excluding those covered by Regulation (EEC) No 2347/2002SscallopsCedible crab and spider crab
(3)Area12LOne of the target areas covered by Regulation (EC) 1954/2003 using one of the following codes: ICES V-VI, ICES VII, ICES VIII, ICES IX, ICES X, CECAF 34.1.1, CECAF 34.1.2, CECAF 34.2.0, and BSA (for biologically sensitive area as defined by Article 6 of Regulation (EC) No 1954/2003)
(4)Year4—The year of the month (5) for which the declaration is done
(5)Month2—Month for which the fishing effort declaration is done (expressed by two digits between 1 and 12)
(6)Declaration13RFishing effort declaration, in accordance with Article 3 and Annex I, footnote 1, of Regulation (EC) No 1415/2004, for the month mentioned under (5)
(7)Cumulative Declaration13RCumulative amount of fishing effort, in accordance with Article 3 and Annex I footnote (1) of Regulation (EC) No 1415/2004, deployed during the year mentioned under (4) from the first of January until the end of the month mentioned under (5)
(8)Yearly allocation13RMaximum level of annual fishing effort for the species under (2) and the area under (3) as defined in the Annexes I and II to Regulation (EC) No 1415/2004
ANNEX IIILIST OF VESSELS BY FISHERY — BALTIC SEA
Definition of the data to be communicated and description of a record
Name of the zoneWidthAlignmentDefinition and remarks
Updating indicator3—Code identifying type of declaration (see Table 1)
Declaring entity3—Member State (Alpha-3 ISO code) making the declaration
Fishery5LCode of fishery (see Table 2) made up of three components:type of gear (see Table 3) — two characterstype of target species (see Table 4) — one charactercode of ICES area, two characters:subdivisions 22 to 32 = area No 5subdivisions 30 and 31 = area No 51
CFR (Internal number)12L(Community Fleet Register Number).Unique identification number of a fishing vessel.Member State (Alpha-3 ISO code) followed by an identifying series (nine characters). Where a series has fewer than nine characters additional zeros must be inserted on the left hand side
Name of vessel40L
Date of event8—Date (YYYYMMDD) when event occurred
Table 1Codes for updating indicator
Addition of vessel to listADD
Deletion of vessel from listSUP
Cancellation of incorrect declarationCAN
Table 2Codes for fisheries in the Baltic sea — Regulation (EC) No 779/97
GearTarget speciesEffort areasCode
Towed gearDemersal speciesSubdivisions 22 to 32TGD5
Static gear and driftnetsDemersal speciesSubdivisions 22 to 32DGD5
All gearsPelagic species (herring, sprat)Subdivisions 22 to 32AGH5
of which Subdivisions 30 and 31AGH51
All gearsSalmon, sea trout and freshwater fishSubdivisions 22 to 32AGS5
Table 3Codes for groups of fishing gear by fishery
Type of gearCode
Towed gearTG
Static gear and driftnetsDG
All gearsAG
Table 4Codes for target species or groups of target species
SpeciesCode
Demersal speciesD
Pelagic speciesP
Pelagic species (herring and sprat)H
Salmon, sea trout and fresh water fishS
ANNEX IVFISHING EFFORT — BALTIC SEA
Definition of the data to be communicated and description of a recordAggregated declarations by fisheryCalculated as Σ(i=1,n)aiPi where n is the number of vessels in the area, ai is the number of days spent at sea by the vessel in the area during the observation period and Pi is the average power of the vessel in the area during the period of observation.
Name of the zoneWidthAlignmentDefinition and remarks
Updating indicator3—Code identifying type of declaration (see Table 1).
Declaring entity3—Member State (Alpha-3 ISO code) making the declaration.
Fishery5LCode of fishery (see Table 2) in which activity has taken place.
Year of observation4—Year (YYYY) during which the vessel is observed.
First month2—First month (MM) of observation period.
Last month2—Last month (MM) of observation period.
Effort/power14RNumber of kW (as a whole number) multiplied by the number of days present in the area (as a whole number) to express fishing effort during the observation period
Filler14—
Table 1Codes for the updating indicator
Declaration by fisheryFIS
Deletion of declaration by fisheryDFI
Table 2Codes for fisheries in the Baltic sea — Council Regulation (EC) No 779/97
GearTarget speciesEffort areasCode
Towed gearDemersal speciesSubdivisions 22 to 32TGD5
Static gear and driftnetsDemersal speciesSubdivisions 22 to 32DGD5
All gearsPelagic species (herring, sprat)Subdivisions 22 to 32AGH5
of which Subdivisions 30 and 31AGH51
All gearsSalmon, sea trout and freshwater fishSubdivisions 22 to 32AGS5