{"id":3493,"date":"2019-05-12T07:38:30","date_gmt":"2019-05-12T07:38:30","guid":{"rendered":"https:\/\/laweuro.com\/?p=3493"},"modified":"2019-05-12T07:38:30","modified_gmt":"2019-05-12T07:38:30","slug":"regulation-eu-2017-1130-of-the-european-parliament-and-of-the-council-of-14-june-2017-defining-characteristics-for-fishing-vessels","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=3493","title":{"rendered":"Regulation (EU) 2017\/1130 of the European Parliament and of the Council of 14 June 2017 defining characteristics for fishing vessels"},"content":{"rendered":"\n\n\n
\n

30.6.2017<\/p>\n<\/td>\n

\n

EN<\/p>\n<\/td>\n

\n

Official Journal of the European Union<\/p>\n<\/td>\n

\n

L 169\/1<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\n

REGULATION (EU)\u00a02017\/1130 OF THE EUROPEAN\u00a0PARLIAMENT AND OF THE COUNCIL<\/p>\n

of 14 June 2017<\/p>\n

defining characteristics for fishing vessels<\/p>\n

(recast)<\/p>\n

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,<\/p>\n

Having regard to the Treaty on the Functioning of the European\u00a0Union, and in particular Article\u00a043(2)\u00a0thereof,<\/p>\n

Having regard to the proposal from the European\u00a0Commission,<\/p>\n

After transmission of the draft legislative act to the national parliaments,<\/p>\n

Having regard to the opinion of the European Economic and Social Committee\u00a0(1<\/span>),<\/p>\n

Acting in accordance with the ordinary legislative procedure\u00a0(2<\/span>),<\/p>\n

Whereas:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(1)<\/p>\n<\/td>\n

\n

Council Regulation (EEC) No\u00a02930\/86\u00a0(3<\/span>) has been substantially amended\u00a0(4<\/span>). Since further amendments are to be made, that Regulation should be recast in the interests of clarity.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(2)<\/p>\n<\/td>\n

\n

In the framework of the Common Fisheries Policy, reference is made to the characteristics of fishing vessels, such as length, breadth, tonnage, date of entry into service and engine power.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(3)<\/p>\n<\/td>\n

\n

It is essential that identical rules for determining the characteristics of fishing vessels be used in order to unify the conditions for the pursuit of the activity in the Union. Those rules should be in line with the standards of the Common Fisheries Policy.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(4)<\/p>\n<\/td>\n

\n

The definitions laid down in this Regulation should be based upon initiatives already taken by specialist international organisations.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(5)<\/p>\n<\/td>\n

\n

Therefore, account should be taken of the United Nations Convention on Fishing and Conservation of the Living Resources of the High Seas, signed in Geneva on\u00a029\u00a0April\u00a01958, the International Convention on Tonnage Measurement of Ships, signed in London on\u00a023\u00a0June\u00a01969 (the \u20181969\u00a0Convention\u2019) and the International Convention for the Safety of Fishing Vessels, signed in Torremolinos on\u00a02\u00a0April\u00a01977.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(6)<\/p>\n<\/td>\n

\n

For fishing vessels with a length overall of less than\u00a015\u00a0metres, the methodology laid down in Annex\u00a0I to the\u00a01969\u00a0Convention is in certain cases inappropriate. Therefore, for those vessels a simpler definition of gross tonnage is desirable.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(7)<\/p>\n<\/td>\n

\n

The International Organisation for Standardisation (ISO) has drawn up standards on internal combustion engines which are widely applied in Member\u00a0States.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(8)<\/p>\n<\/td>\n

\n

In order to adapt the reference to the relevant ISO International Standard setting out the requirements for the determination of the continuous engine power to technical progress, the power to adopt acts in accordance with Article\u00a0290 of the Treaty on the Functioning of the European\u00a0Union should be delegated to the Commission in respect of the adoption of the necessary amendments to the reference to the relevant ISO International Standard. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of\u00a013\u00a0April\u00a02016 on Better Law-Making\u00a0(5<\/span>). In particular, to ensure equal participation in the preparation of delegated acts, the European\u00a0Parliament and the Council receive all documents at the same time as Member\u00a0States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts,<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

HAVE ADOPTED THIS REGULATION:<\/p>\n

Article\u00a01<\/p>\n

General provision<\/p>\n

The definitions of characteristics of fishing vessels laid down in this Regulation shall apply to all Union\u00a0rules concerning fisheries.<\/p>\n

Article\u00a02<\/p>\n

Length<\/p>\n

1.\u00a0\u00a0\u00a0The length of a vessel shall be the length overall, defined as the distance in a straight line between the foremost point of the bow and the aftermost point of the stern.<\/p>\n

For the purposes of this definition:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

the bow shall be taken to include the watertight hull structure, forecastle, stem and forward bulwark, if fitted, but shall exclude bowsprits and safety rails;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

the stern shall be taken to include the watertight hull structure, transom, poop, trawl ramp and bulwark, but shall exclude safety rails, bumkins, propulsion machinery, rudders and steering gear, and divers’ ladders and platforms.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The length overall shall be measured in metres with an accuracy of two decimals.<\/p>\n

2.\u00a0\u00a0\u00a0When the length between perpendiculars is referred to in Union legislation, it shall be defined as the distance measured between the forward and the after perpendiculars as defined by the International Convention for the Safety of Fishing Vessels.<\/p>\n

The length between perpendiculars shall be measured in metres with an accuracy of two\u00a0decimals.<\/p>\n

Article\u00a03<\/p>\n

Breadth<\/p>\n

The breadth of a vessel shall be the maximum breadth as defined in Annex\u00a0I to the International Convention on Tonnage Measurement of Ships (the \u20181969\u00a0Convention\u2019).<\/p>\n

The overall breadth shall be measured in metres with an accuracy of two decimals.<\/p>\n

Article\u00a04<\/p>\n

Tonnage<\/p>\n

1.\u00a0\u00a0\u00a0The gross tonnage of fishing vessels with a length overall equal to, or greater than, 15\u00a0metres shall be measured as specified in Annex\u00a0I to the\u00a01969\u00a0Convention.<\/p>\n

2.\u00a0\u00a0\u00a0The gross tonnage of fishing vessels with a length overall of less than\u00a015\u00a0metres shall be measured in accordance with the formula set out in Annex\u00a0I to this Regulation.<\/p>\n

3.\u00a0\u00a0\u00a0When net tonnage is referred to in Union rules, it shall be defined as specified in Annex\u00a0I to the\u00a01969\u00a0Convention.<\/p>\n

Article\u00a05<\/p>\n

Engine power<\/p>\n

1.\u00a0\u00a0\u00a0The engine power shall be the total of the maximum continuous power which can be obtained at the flywheel of each engine and which can, by mechanical, electrical, hydraulic or other means, be applied to vessel propulsion. However, where a gearbox is incorporated into the engine, the power shall be measured at the gearbox output flange.<\/p>\n

No deduction shall be made in respect of auxiliary machines driven by the engine.<\/p>\n

The unit in which engine power is expressed shall be the kilowatt (kW).<\/p>\n

2.\u00a0\u00a0\u00a0The continuous engine power shall be determined in accordance with the requirements adopted by the International Organisation for Standardisation in its recommended International Standard ISO\u00a03046\/1, second edition, October\u00a01981.<\/p>\n

3.\u00a0\u00a0\u00a0The Commission is empowered to adopt delegated acts in accordance with Article\u00a07 concerning the amendment of paragraph\u00a02 of this Article in order to adapt the reference to the relevant ISO International Standard to technical progress.<\/p>\n

Article\u00a06<\/p>\n

Date of entry into service<\/p>\n

The date of entry into service shall be the date of the first issue of an official safety certificate.<\/p>\n

Notwithstanding the first paragraph, the date of entry into service shall be the date of the first entry in an official register of fishing vessels:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(a)<\/p>\n<\/td>\n

\n

if an official safety certificate is not issued; or<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(b)<\/p>\n<\/td>\n

\n

in the case of fishing vessels which entered into service before\u00a01\u00a0December\u00a01986.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Article\u00a07<\/p>\n

Exercise of the delegation<\/p>\n

1.\u00a0\u00a0\u00a0The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.<\/p>\n

2.\u00a0\u00a0\u00a0The power to adopt delegated acts referred to in Article\u00a05(3) shall be conferred on the Commission for a period of five years from 20 July 2017. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European\u00a0Parliament or the Council opposes such extension not later than three months before the end of each period.<\/p>\n

3.\u00a0\u00a0\u00a0The delegation of power referred to in Article\u00a05(3) may be revoked at any time by the European\u00a0Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European\u00a0Union<\/span> or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.<\/p>\n

4.\u00a0\u00a0\u00a0Before adopting a delegated act, the Commission shall consult experts designated by each Member\u00a0State in accordance with the principles laid down in the Interinstitutional Agreement of\u00a013\u00a0April\u00a02016 on Better Law-Making.<\/p>\n

5.\u00a0\u00a0\u00a0As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European\u00a0Parliament and to the Council.<\/p>\n

6.\u00a0\u00a0\u00a0A delegated act adopted pursuant to Article\u00a05(3) shall enter into force only if no objection has been expressed either by the European\u00a0Parliament or by the Council within a period of two\u00a0months of notification of that act to the European\u00a0Parliament and the Council or if, before the expiry of that period, the European\u00a0Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two\u00a0months at the initiative of the European\u00a0Parliament or of the Council.<\/p>\n

Article\u00a08<\/p>\n

Repeal<\/p>\n

Regulation (EEC) No\u00a02930\/86 is repealed.<\/p>\n

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex\u00a0III.<\/p>\n

Article\u00a09<\/p>\n

Final provisions<\/p>\n

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European\u00a0Union<\/span>.<\/p>\n

\n

This Regulation shall be binding in its entirety and directly applicable in all Member\u00a0States.<\/p>\n

Done at Strasbourg, 14 June 2017.<\/p>\n

\n

For the European\u00a0Parliament<\/span><\/p>\n

The President<\/span><\/p>\n

A. TAJANI<\/p>\n<\/div>\n

\n

For the Council<\/span><\/p>\n

The President<\/span><\/p>\n

H. DALLI<\/p>\n<\/div>\n<\/div>\n

\n

(1<\/span>)\u00a0\u00a0OJ C\u00a034, 2.2.2017, p.\u00a0140.<\/p>\n

(2<\/span>)\u00a0\u00a0Position of the European Parliament of 4\u00a0April 2017 (not yet published in the Official Journal) and decision of the Council of 16 May 2017.<\/p>\n

(3<\/span>)\u00a0\u00a0Council Regulation (EEC) No\u00a02930\/86 of 22\u00a0September 1986 defining characteristics for fishing vessels (OJ L\u00a0274, 25.9.1986, p.\u00a01).<\/p>\n

(4<\/span>)\u00a0\u00a0See Annex II.<\/p>\n

(5<\/span>)\u00a0\u00a0OJ L\u00a0123, 12.5.2016, p.\u00a01.<\/p>\n

\n
\n

ANNEX I<\/p>\n

NEW VESSELS WITH A LENGTH OVERALL OF LESS THAN 15 METRES<\/span><\/p>\n

The gross tonnage of new fishing vessels with a length overall of less than\u00a015 metres is defined as:<\/p>\n

GT = K1<\/span> \u0387 V<\/p>\n

where: K1<\/span> =\u00a00,2\u00a0+\u00a00,02 log10<\/span> V<\/p>\n

and V is the volume, given by:<\/p>\n

V = a1<\/span> (Loa<\/span> \u0387 B1<\/span> \u0387 T1<\/span>)<\/p>\n

where:<\/p>\n\n\n\n\n<\/colgroup>\n\n\n\n\n\n
\n

Loa<\/span><\/p>\n<\/td>\n

\n

=<\/p>\n<\/td>\n

\n

length overall (Article\u00a02 of this Regulation)<\/p>\n<\/td>\n<\/tr>\n

\n

B1<\/span><\/p>\n<\/td>\n

\n

=<\/p>\n<\/td>\n

\n

breadth in metres according to the\u00a01969 Convention<\/p>\n<\/td>\n<\/tr>\n

\n

T1<\/span><\/p>\n<\/td>\n

\n

=<\/p>\n<\/td>\n

\n

depth in metres according to the\u00a01969 Convention<\/p>\n<\/td>\n<\/tr>\n

\n

a1<\/span><\/p>\n<\/td>\n

\n

=<\/p>\n<\/td>\n

\n

a function of Loa<\/span><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

VESSELS WITH A LENGTH OVERALL OF LESS THAN\u00a015\u00a0METRES EXISTING ON\u00a01 JANUARY 1995<\/span><\/p>\n

The gross tonnage of fishing vessels existing on\u00a01\u00a0January\u00a01995 with a length overall of less than\u00a015\u00a0metres is defined as:<\/p>\n

GT = K1<\/span> \u0387 V<\/p>\n

where V is volume, given by:<\/p>\n

V = a2<\/span> (Loa<\/span> \u0387 B1<\/span> \u0387 T1<\/span>)<\/p>\n

where:<\/p>\n\n\n\n\n<\/colgroup>\n\n\n\n\n\n
\n

Loa<\/span><\/p>\n<\/td>\n

\n

=<\/p>\n<\/td>\n

\n

length overall (Article\u00a02 of this Regulation)<\/p>\n<\/td>\n<\/tr>\n

\n

B1<\/span><\/p>\n<\/td>\n

\n

=<\/p>\n<\/td>\n

\n

breadth in metres according to the\u00a01969 Convention<\/p>\n<\/td>\n<\/tr>\n

\n

T1<\/span><\/p>\n<\/td>\n

\n

=<\/p>\n<\/td>\n

\n

depth in metres according to the\u00a01969 Convention<\/p>\n<\/td>\n<\/tr>\n

\n

a2<\/span><\/p>\n<\/td>\n

\n

=<\/p>\n<\/td>\n

\n

a function of Loa<\/span><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The functions a1<\/span> and a2<\/span> shall be fixed on the basis of statistical analyses of pooled representative samples of the fleets of the Member\u00a0States. These shall be specified together with definitions of the dimensions B1<\/span> and T1<\/span> and with detailed rules for the application of the formulae in a decision of the Commission.<\/p>\n<\/div>\n

\n
\n

ANNEX II<\/p>\n

REPEALED REGULATION WITH THE AMENDMENT THERETO<\/span><\/p>\n\n\n\n<\/colgroup>\n\n\n\n
\n

Council Regulation (EEC) No\u00a02930\/86<\/p>\n<\/td>\n

\n

(OJ L\u00a0274, 25.9.1986, p.\u00a01)<\/p>\n<\/td>\n<\/tr>\n

\n

Council Regulation (EC) No\u00a03259\/94<\/p>\n<\/td>\n

\n

(OJ L\u00a0339, 29.12.1994, p.\u00a011)<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

\n
\n

ANNEX III<\/p>\n

CORRELATION TABLE<\/span><\/p>\n\n\n\n<\/colgroup>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\n

Regulation (EEC) No\u00a02930\/86<\/p>\n<\/td>\n

\n

This Regulation<\/p>\n<\/td>\n<\/tr>\n

\n

Article\u00a01<\/p>\n<\/td>\n

\n

Article\u00a01<\/p>\n<\/td>\n<\/tr>\n

\n

Article\u00a02<\/p>\n<\/td>\n

\n

Article\u00a02<\/p>\n<\/td>\n<\/tr>\n

\n

Article\u00a03<\/p>\n<\/td>\n

\n

Article\u00a03<\/p>\n<\/td>\n<\/tr>\n

\n

Article\u00a04(1)(a)<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

Article\u00a04(1)(b)<\/p>\n<\/td>\n

\n

Article\u00a04(1)<\/p>\n<\/td>\n<\/tr>\n

\n

Article\u00a04(1)(c)<\/p>\n<\/td>\n

\n

Article\u00a04(2)<\/p>\n<\/td>\n<\/tr>\n

\n

Article\u00a04(1)(d)<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

Article\u00a04(1)(e)<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

Article\u00a04(2)<\/p>\n<\/td>\n

\n

Article\u00a04(3)<\/p>\n<\/td>\n<\/tr>\n

\n

Article\u00a05<\/p>\n<\/td>\n

\n

Article\u00a05<\/p>\n<\/td>\n<\/tr>\n

\n

Article\u00a06<\/p>\n<\/td>\n

\n

Article\u00a06<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article\u00a07<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Article\u00a08<\/p>\n<\/td>\n<\/tr>\n

\n

Article\u00a07(1)<\/p>\n<\/td>\n

\n

Article\u00a09<\/p>\n<\/td>\n<\/tr>\n

\n

Article\u00a07(2)<\/p>\n<\/td>\n

\n

\u2014<\/p>\n<\/td>\n<\/tr>\n

\n

Annex<\/p>\n<\/td>\n

\n

Annex I<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Annex II<\/p>\n<\/td>\n<\/tr>\n

\n

\u2014<\/p>\n<\/td>\n

\n

Annex III<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n