31. 3. 95 Official Journal of the European Communities No L 71/5 COUNCIL REGULATION (EC) No 685/95 of 27 March 1995 on the management of the fishing effort relating to certain Community fishing areas and resources THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (), Having regard to the opinion of the European Par- liament (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas Article 4 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (%) provides that it is the Council’s responsibility to establish Community measures laying down the conditions of access to areas and resources and of the pursuit of fishing activities ; Whereas Regulation (EC) No 1275/94 (%) provides, with regard to the adjustment and incorporation into Commu- nity measures of the arrangements regarding access to waters and resources laid down in the Act of Accession of Spain and Portugal, that the Council is to adopt, before 1 January 1995, the measures to be taken in accordance with Article 3 thereof; Whereas it is necessary to safeguard existing balances and the acquis communautaire, particularly the principle of relative stability ; Whereas it is necessary to ensure that there is no increase in the overall levels of existing fishing effort within the areas and stocks covered by the Act of Accession of Spain and Portugal, and to provide for a reduction in that fishing effort if changes in resources make it necessary to introduce a general reduction of fishing opportunities ; Whereas it is necessary to take account of the complexity of fishing activities and the biological, geographical and geomorphological characteristics of the resources; whereas particular note should be taken of the need to preserve the balance of those resources in highly sensitive areas ; Whereas it is the responsibility of flag Member States to regulate on fishing effort ; whereas, as a result, it is neces- sary to ensure the transparency and equity of the manage- ment and monitoring procedures ; () OJ No C 247, 3. 9. 1994, p. 4. () OJ No C 18, 23. 1. 1995. () OJ No C 397, 31. 12. 1994. () OJ No L 389, 31. 12. 1992, p. 1. () OJ No L 140, 3. 6. 1994, p. 1. Whereas the introduction of a system for the manage- ment of fishing effort calls for certain accompanying Community measures, HAS ADOPTED THIS REGULATION : Article 1 In accordance with the provisions of the common fishe- ries policy this Regulation establishes, with effect from 1 January 1996, the criteria and procedures for the intro- duction of a system for the management of fishing effort in ICES divisions Vb, VI, VII, VIII, IX and X and CECAF areas 34.1.1, 34.1.2, and 34.2.0. Article 2 1. The Member States shall establish lists of named fishing vessels flying their respective flags which are authorized to carry out their fishing activities in the fishe- ries defined in Annex L : 2. The Member States may include other vessels on their lists of named vessels at a later date, provided there were entitlements to fish at the time that the reference lists were established. 3. The Member States may at a later date replace the vessels entered on their lists of named vessels. 4. In the event of any amendment to those lists, the criteria and procedures referred to in Articles 3 and 5 shall continue to apply. TITLE 1 Measures concerning the catching of demersal species Article 3 1. With regard to each fishery for the catching of demersal species as defined in Annex I, the Member States shall assess the fishing effort necessary, on the basis of Community criteria for assessing the fishing efforts defined in Annex IL 2. These fishing efforts shall take account of the following conditions : (i) effort levels shall allow each Member State, for each fishery, to take up fully its fishing possibilities, i.e. species subject to TACs, allocated or not, as well as species not subject to such limitations ;