31 . 12 . 92 Official Journal of the European Communities No L 389/ 1 I (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3760/92 of 20 December 1992 y establishing a Community system for fisheries and aquaculture THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas, for the purposes of rational and responsible exploitation of resources, the selectivity of fishing methods and gear should be improved with a view to optimum Having regard to the Treaty establishing the European utilization of biological potential and limitation of Economic Community, and in particular Article 43 discards; thereof, Having regard to the proposal from the Commission ( ! ), Whereas, without prejudice to specific Community licensing systems, the introduction of a general Community system of administrative fishing licences attached to the Having regard to the opinion of the European vessel and issued and managed by Member States may Parliament (2), contribute to improve regulation of exploitation and transparency; Having regard to the opinion of the Economic and Social Committee (3 ), Whereas there should be special provisions for inshore Whereas the Community system for the conservation and fishing; whereas to this end, by way of derogation from management of fishery resources as provided for by Council Regulation (EEC) No 101 / 76 of 19 January 1976 Council Regulation (EEC) No 170/ 83 of 25 January 1983 laying down a common structural policy for the fishing establishing a Community system for the conservation and industry ( 5), Member States should be authorized to management of fishery resources (4) has proved to be an maintain until c31 December 2002 the present restrictions effective instrument; whereas, however, a number of stocks on access to waters under their sovereignty or jurisdiction both in Community and non-Community waters have within a maximum limit of 12 nautical miles, calculated continued to decline and it is consequently necessary to from their baselines, as they existed at the time Regulation improve and extend existing conservation measures; ( EEC) No 170/ 83 was adopted and , for the States that acceded to the Community after this date, at the time of their accession; Whereas the objective should be to provide for rational and responsible exploitation of living aquatic resources and of aquaculture, while recognizing the interest of the fisheries Whereas the present arrangements concerning rules of sector in its long-term development and its economic and access for fishing vessels of other Member States whose social conditions and the interest of consumers taking into fishing activity is traditionally pursued in waters within account the biological constraints with due respect for the that 12-mile limit should equally be renewed until 31 marine eco-system; December 2002; Whereas fishing should be managed with a view to establishing a balance between available and accessible Whereas before that date the Council should decide upon resources and the relevant parameters likely to influence the provisions which could follow these restrictions and fishing mortality on a case-by-case basis; arrangements; ( 1 ) OJ No C 311 , 27. 11. 1992, p. 7. Whereas special arrangements concerning fishing activity in ( 2 ) Opinion delivered on 15 December 1992 ( npt yet published in one sensitive region should be maintained ; the Official Journal). ( 3 ) Opinion delivered on 24 November 1992 (not yet published in the Official Journal). ( 4 ) OJ No L 24, 27. 1 . 1983 , p. 1 . ( 5 ) OJ No L 20, 28 . 1 . 1976, p. 19 . No L 389 / 2 Official Journal of the European Communities 31 . 12 . 92 Whereas with a view to effective conservation, the rates of fisheries and foreseeable developments therein, a committee exploitation of certain resources should be limited and may of an advisory nature should be set up ; whereas this be fixed on an annual or, where appropriate, multiannual committee should also report on the economic implications basis and/or on a multispecies basis; whereas the of its biological advice; aforementioned decisions have important effects on the economic and social development of those regions of the Member States where fishing is an important industry and Whereas the taking, implementing and monitoring of such decisions should therefore be taken by the Council on decisions should be done at the most appropriate level ; a proposal from the Commission ; Whereas, to facilitate the implementation of this Whereas, for the types of resources for which exploitation Regulation , a procedure should be laid down establishing rates are to be limited , Community fishing opportunities close cooperation between the Member States and the should be established in the form of fishing availabilities for Commission within a Management Committee for Fisheries Member States allocated in quotas and, where necessary, in and Aquaculture; terms of fishing effort; Whereas , by reason of the number and complexity of the Whereas conservation and management of resources must amendments to be made, Regulation (EEC ) No 170/ 83 contribute to a greater stability of fishing activities and should be repealed and replaced, must be appraised on the basis of a reference allocation reflecting the orientations given by the Council; HAS ADOPTED THIS REGULATION : Whereas, in other respects , that stability, given the temporary biological situation of stocks, must safeguard the particular needs of regions where local populations are especially dependent on fisheries and related activities as Article 1 decided by the Council in its resolution of 3 November 1976, and in particular Annex VII thereto; The common fisheries policy shall cover exploitation activities involving living aquatic resources , and Whereas, therefore, it is in this sense that the notion of aquaculture, as well as the processing and marketing of relative stability aimed at must be understood; fishery and aquaculture products where practised on the territory of Member States or in Community fishing waters or by Community fishing vessels . Whereas with respect to Community fisheries opportunities not previously exploited, these should be allocated taking into account the interests of all Member States; Article 2 Whereas the Community fisheries sector should be 1 . As concerns exploitation activities the general restructured to bring it into line with available and objectives of the common fisheries policy shall be to protect accessible resources and whereas account should be taken and conserve available and accessible living marine aquatic of the characteristics of each fishery and the possible resources, and to provide for rational and responsible economic and social consequences ; whereas the guidelines exploitation on a sustainable basis, in appropriate for the restructuring of the Community fishing industry economic and social conditions for the sector, taking should be laid down at Community level ; account of its implications for the marine eco-system, and in particular taking account of the needs of both producers and consumers . Whereas, to ensure proper implementation of the common fisheries policy, a Community control system applying to the entire sector should be established taking into account To that end a Community system for the management of the principle of proportionality ; exploitation activities is established which must enable a balance to be achieved, on a permanent basis , between resources and exploitation in the various fishing areas . Whereas provision should be made for the adoption of emergency measures in the event of serious upheaval liable to jeopardize the objectives of the conservation of 2 . The purpose of this Regulation shall be to establish a resources; framework for the conservation and protection of resources . Member States shall ensure that non-commercial activities do not jeopardize the conservation and Whereas, to ensure proper use of scientific, technical and management of resources covered by the common fisheries economic data for assessing the situation with regard to policy . 31 . 12 . 92 Official Journal of the European Communities No L 389 / 3 To that end, and in order to ensure sustainable exploitation ( a) establish zones in which fishing activities are prohibited activities, this Regulation establishes a framework for the or restricted; regulation of access, management and monitoring of exploitation activities, as well as the requisite means and (b) limit exploitation rates; procedures. (c) set quantitative limits on catches; (d) limit time spent at sea taking account, where Article 3 appropriate, of the remoteness of the fishing waters ; For the purposes of this Regulation the following (e) fix the number and type of fishing vessels authorized to definitions shall apply: fish , ( a ) 'Community fishing waters' are the waters under the (f) lay down technical measures regarding fishing gear and sovereignty or jurisdiction of the Member States; its method of use; ( b ) 'resources' are available and accessible living marine (g) set a minimum size or weight of individuals that may be aquatic species, including anadromous and caught; catadromous species during their marine life; (h ) establish incentives, including those of an economic (c) 'fishing vessel' is any vessel equipped for commercial nature, to promote more selective fishing. exploitation of resources ; ( d ) 'Community fishing vessel' is a fishing vessel flying the flag of a Member State and registered in the Article 5 Community; ( e ) 'exploitation rate' refers to the catches of a stock