1.2.2002 Official Journal of the European Communities L31/77 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 28 January 2002 amending Decision 97/413EC concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2001 with a view to achieving a balance on a sustainable basis between resources and their exploitation (2002/70/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture ('), and in particular Article 11 thereof, Having regard to the proposal from the Commission (%), Having regard to the opinion of the European Parliament (%), Whereas: (1) The Common Fisheries Policy will be reviewed before 1 January 2003. In order to ensure consistency between the policy for restructuring the fisheries sector and the rest of the Common Fisheries Policy it is therefore neces- sary to prolong the period of application of Decision 97[413/EC (*) until 31 December 2002. 2)  In order to make further progress towards achieving a balance between fisheries resources and their exploita- tion, the fishing effort of the Community fleet should continue to be reduced during the prolongation year. (3)  Measures to improve safety, navigation at sea, hygiene, product quality and working conditions should not lead to an increase in fishing effort and such measures should therefore be applied within the existing capacity objec- tives for the fleet, with the exception of vessels already () OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regula- tion (EC) No 1181/98 (O] L 164, 9.6.1998, p. 1). () O] C 270 E, 25.9.2001, p. 79. (*) Opinion delivered on 25 October 2001 (not yet published in the Official Journal). (¢ O] L 175, 3.7.1997, p. 27. registered of an overall length of less than 12 metres other than trawlers. (4)  Decision 97[413[/EC should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 Decision 97[413[EC is hereby amended as follows: 1. Paragraphs 1, 2, 3 and 4 of Article 2 shall be replaced by the following: ‘1. By 31 December 2002 at the latest, the fishing effort of each Member State shall be reduced, taking the levels defined in Article 7(1) as a starting point, on the basis of the reduction rates in fishing effort which are required to be achieved in relation to the critical stocks set out in Annex L 2. The pilot reduction rates shall be as follows: — 36 % for the stocks defined as depletion risk in Annex I, — 24 % for the stocks defined as overfished in Annex 1. 3. In the case of stocks defined as fully exploited in Annex I, there shall be no increase in fishing effort for the period 1997 to 2002. 4. In respect of stocks other than those referred to in paragraphs 2 and 3, including stocks for which the situation is insufficiently known, there shall be no increase in fishing effort for the period 1997 to 2002. In specific cases where Member States can identify additional fishing opportunities on these stocks, a level of additional fishing effort for the fleet segments fishing these stocks may be decided.’