Fishing capacity and effort shall be subject to a precautionary limit set at a level not exceeding that necessary to obtain the information specified in the data collection plan and required to make the evaluations referred to in Article 2(f).

Fishing capacity of the fleet on 1 January 2003

Fishing capacity and effort shall be subject to a precautionary limit set at a level not exceeding that necessary to obtain the information specified in the data collection plan and required to make the evaluations referred to in Article 2(f).

(h) take measures to prevent or eliminate overfishing and excess fishing capacity and to ensure that levels of fishing effort do not exceed those commensurate with the sustainable use of fishery resources;

Request the IATTC to initiate investigations to assess whether the fishing capacity of vessels fishing in the Agreement Area poses a threat to the sustainability of tuna stocks and other living marine resources associated with the fishery and, if so, examine possible measures and recommend their adoption whenever appropriate.

Each Party shall require its vessels with a carrying capacity greater than 363 metric tons (400 short tons) and that operate in the Agreement Area, to carry an observer during each fishing trip in the Agreement Area.

adaptation of fishing capacity by means of temporary or definitive cessation;

For that purpose, Member States shall establish or complete existing computerised databases containing the relevant information about fleet fishing capacity and activities.

For the fleet segments registered in the outermost regions as indicated in Article 299(2) of the Treaty the following specific reference levels for fishing capacity shall apply:

the list shall be established in order to ensure that the overall fishing capacity, measured in engine power (kW), shall not exceed that observed in the years 2000-2001 in the Gulf of Riga.

The overall fishing capacity of trawlers, measured in engine power (kW), shall not exceed that observed in the years 2000 2001 in the area of the 25-mile management zone, and the engine power of each individual trawler fishing in waters of less than 200 metres depth shall not exceed 185 kW (250 HP).

In order to facilitate the monitoring specified in Article 25, each Member State shall establish a system of validation which shall include in particular verification by crosschecking information on fleet fishing capacity and activity contained;

Whereas, in order to provide exemptions from the obligation to keep a logbook or complete a landing declaration by small fishing vessels for which such an obligation would constitute a disproportionate burden in relation to their fishing capacity, it is necessary for each Member State to monitor the activities of such vessels by the implementation of a sampling plan;

Within the framework of these arrangements Member States shall demonstrate that entries and exits from the fleet will be managed in such a way that the capacity does not exceed the annual objectives fixed in the multiannual guidance programme, overall and for the segments concerned, or where appropriate that fishing capacity is gradually reduced to attain these objectives.

'fishing effort` of a vessel is the product of its capacity and its activity, and fishing effort of a fleet or group of vessels is the sum of the fishing effort of each individual vessel;

Whereas one of the main aims of the common fisheries policy is to adjust fishing capacities to available resources;

These reference levels should take account of the capacity of the local fleet in relation to fishing possibilities.

Whereas the maintenance of productive capacity does not obviate the necessity of permanently reducing the capacity of fishing fleets, the technical characteristics of which make it difficult to adapt them to the types of fishing anticipated in the medium term within and outside the fishing zones of the Member States;

In order to ensure compliance with the objectives and strategies set by the Council in accordance with Article 11 of Regulation (EEC) No 3760/92, in particular the quantitative objectives concerning the fishing capacity of the Community fleets and the adjustment of their activities, each Member State shall organize regular checks, in its territory and within the maritime waters under its sovereignty or jurisdiction, of all persons concerned by the implementation of the abovementioned objectives.

Member States shall transmit to the Commission information on the physical characteristics of fishing vessels and the monitoring of fishing effort by fleet segment and by fishery, particularly as regards the development of capacities and the corresponding fishing activities, in accordance with the procedures laid down in Commission Regulations (EC) No 2090/98 of 30 September 1998 concerning the fishing vessel register of the Community(11) and (EC) No 2091/98 of 30 September 1998 concerning the segmentation of the Community fishing fleet and fishing effort in relation to the multiannual guidance programmes(12).

Whereas policy on the management of fishery resources, which is based in particular on total allowable catches (TACs) and quotas and technical measures, is to be supplemented by management of the fishing effort, which involves monitoring fishing activities and capacities;

Any capacity increase for fleets registered in ports of outermost regions should also be limited to that justified by local fishing opportunities and the size of fleets kept in balance with those opportunities.

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 Chapter III thereof, establishes a Community scheme to adjust the fishing capacities of the Member States' fleets, to a level globally compatible with fishing opportunities.

Whereas the maintenance of the production capacity required in the medium term may be promoted by measures designed to secure a temporary reduction in the fishing activities of vessels which are liable to become unprofitable because of the catch restrictions;

for the Canary Islands: reference levels that take as their starting point the capacities in kW and GT of the relevant fleet segments for vessels registered in Canary Island ports on 1 January 2003 and may be increased on the basis of fishing opportunities for these segments.

To that end, the provisions on management of entry/exit schemes and compulsory withdrawal of capacity, in Regulation (EC) No 2371/2002, and the rules on access to public aid for the modernisation and for the renewal of fishing vessels should be adapted to the needs of those regions.

The capacity of vessels, except vessels less than 12 metres overall length other than trawlers which may be replaced without public aid, that are subject to a measure to stop fishing activities permanently within the meaning of paragraph 2 and 3 may under no circumstances be replaced.

In order to have available the information essential for the management of the capacity of fishing fleets and their activity, the information on vessel characteristics which has to appear in the register for each Member State in accordance with Article 15(1) of Regulation (EC) No 2371/2002 should be identified.

To this end, the Member States and the Commission may undertake studies and exploratory projects in areas that are significant for the CFP not yet covered by Article 4, in particular aquaculture, the relationship of fisheries and aquaculture with the environment and the capacity of fishing and aquaculture industries to create jobs.

The first subparagraph of Article 6(2) shall be replaced by the following: "In the case of vessels already registered in the Fishing Vessel Register of the Community of less than 12 metres overall, other than trawlers, Member States may submit a request for a clearly identified and quantified increase in the capacity objectives to improve safety, navigation at sea, hygiene, product quality and working conditions, provided that these measures do not result in an increase in the exploitation rate of the resources concerned."

(b) the fishing capacity of the vessel in GT and kW;

(b) each modernisation of a vessel that affects its fishing capacity.

It shall apply to the fishing capacity of Community fishing vessels with the exception of vessels which are:

FISHING CAPACITIES AND FISHING EFFORT

fishing capacities and fishing effort;

means fishing capacity of the fleet on 1 January 2003 in terms of power as calculated on the basis of the Community fishing fleet register;

For the calculation of fishing effort the fishing capacity of a vessel shall be measured as the installed power expressed in kilowatts (kW);

means the fishing capacity of the fleet on 1 January 2003 in terms of tonnage as calculated on the basis of the Community fishing fleet register;

(1) The adjustment in fishing capacity of the Community fishing fleet should be monitored closely to bring it into line with the available resources.

RULES FOR THE CALCULATION OF THE FISHING CAPACITY IN TERMS OF TONNAGE (GT03) AND POWER (kW03) AT 1 JANUARY 2003

(b) the impact on fishing capacity of fishing effort reduction schemes adopted under multiannual management or recovery plans or, if appropriate, under national schemes;