Regulation (EU) 2017/1130 of the European Parliament and of the Council of 14 June 2017 defining characteristics for fishing vessels (recast)

General provision

Article 1

The definitions of characteristics of fishing vessels laid down in this Regulation shall apply to all Union rules concerning fisheries.

Length

Article 2

1.   The 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. For the purposes of this definition: (a) 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; (b) 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. The length overall shall be measured in metres with an accuracy of two decimals. 2.   When 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. The length between perpendiculars shall be measured in metres with an accuracy of two decimals.

Breadth

Article 3

The breadth of a vessel shall be the maximum breadth as defined in Annex I to the International Convention on Tonnage Measurement of Ships (the ‘1969 Convention’). The overall breadth shall be measured in metres with an accuracy of two decimals.

Tonnage

Article 4

1.   The gross tonnage of fishing vessels with a length overall equal to, or greater than, 15 metres shall be measured as specified in Annex I to the 1969 Convention. 2.   The gross tonnage of fishing vessels with a length overall of less than 15 metres shall be measured in accordance with the formula set out in Annex I to this Regulation. 3.   When net tonnage is referred to in Union rules, it shall be defined as specified in Annex I to the 1969 Convention.

Engine power

Article 5

1.   The 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. No deduction shall be made in respect of auxiliary machines driven by the engine. The unit in which engine power is expressed shall be the kilowatt (kW). 2.   The continuous engine power shall be determined in accordance with the requirements adopted by the International Organisation for Standardisation in its recommended International Standard ISO 3046/1, second edition, October 1981. 3.   The Commission is empowered to adopt delegated acts in accordance with Article 7 concerning the amendment of paragraph 2 of this Article in order to adapt the reference to the relevant ISO International Standard to technical progress.

Date of entry into service

Article 6

The date of entry into service shall be the date of the first issue of an official safety certificate. 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: (a) if an official safety certificate is not issued; or (b) in the case of fishing vessels which entered into service before 1 December 1986.

Exercise of the delegation

Article 7

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2.   The power to adopt delegated acts referred to in Article 5(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 Parliament or the Council opposes such extension not later than three months before the end of each period. 3.   The delegation of power referred to in Article 5(3) may be revoked at any time by the European Parliament 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 Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6.   A delegated act adopted pursuant to Article 5(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Repeal

Article 8

Regulation (EEC) No 2930/86 is repealed. 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 III.

Final provisions

Article 9

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

ANNEX ISupplementary provisions

ANNEX I NEW VESSELS WITH A LENGTH OVERALL OF LESS THAN 15 METRES The gross tonnage of new fishing vessels with a length overall of less than 15 metres is defined as: GT = K 1 · V where: K 1 = 0,2 + 0,02 log 10 V and V is the volume, given by: V = a 1 (L oa · B 1 · T 1 ) where: L oa = length overall (Article 2 of this Regulation) B 1 = breadth in metres according to the 1969 Convention T 1 = depth in metres according to the 1969 Convention a 1 = a function of L oa VESSELS WITH A LENGTH OVERALL OF LESS THAN 15 METRES EXISTING ON 1 JANUARY 1995 The gross tonnage of fishing vessels existing on 1 January 1995 with a length overall of less than 15 metres is defined as: GT = K 1 · V where V is volume, given by: V = a 2 (L oa · B 1 · T 1 ) where: L oa = length overall (Article 2 of this Regulation) B 1 = breadth in metres according to the 1969 Convention T 1 = depth in metres according to the 1969 Convention a 2 = a function of L oa The functions a 1 and a 2 shall be fixed on the basis of statistical analyses of pooled representative samples of the fleets of the Member States. These shall be specified together with definitions of the dimensions B 1 and T 1 and with detailed rules for the application of the formulae in a decision of the Commission.

ANNEX IISupplementary provisions

ANNEX II REPEALED REGULATION WITH THE AMENDMENT THERETO Council Regulation (EEC) No 2930/86 ( OJ L 274, 25.9.1986, p. 1 ) Council Regulation (EC) No 3259/94 ( OJ L 339, 29.12.1994, p. 11 )

ANNEX IIISupplementary provisions

ANNEX III CORRELATION TABLE Regulation (EEC) No 2930/86 This Regulation Article 1 Article 1 Article 2 Article 2 Article 3 Article 3 Article 4(1)(a) — Article 4(1)(b) Article 4(1) Article 4(1)(c) Article 4(2) Article 4(1)(d) — Article 4(1)(e) — Article 4(2) Article 4(3) Article 5 Article 5 Article 6 Article 6 — Article 7 — Article 8 Article 7(1) Article 9 Article 7(2) — Annex Annex I — Annex II — Annex III