5.8.2004 Official Journal of the European Union L 258/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1415/2004 of 19 July 2004 fixing the maximum annual fishing effort for certain fishing areas and fisheries THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources (1), and in particular Article 11(2) thereof, Whereas: (1) Regulation (EC) No 1954/2003 establishes the conditions and procedures for the introduction of a system for the management of fishing effort in certain Community fishing areas and resources. (2)  The Member States have submitted to the Commission the information required in accordance with Regulation (EC) No 1954/2003 and in particular the annual average fishing effort over the period 1998 to 2002 exerted by vessels equal to or more than 15 m in length overall in the areas defined in that Regulation and the annual average fishing effort over the period 1998 to 2002 exerted by vessels equal to or more than 10 m in length overall in the biologically sensitive area defined in that Regulation. (3)  In the assessment of fishing effort referred to in Regu- lation (EC) No 1954/2003, the installed power has been understood as the power of a vessel, as defined in Regu- lation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (?). (4 The Commission forwarded to the Member States the information required pursuant to Regulation (EC) No 1954/2003 and, after consultation with them, assessed () OJ L 289, 7.11.2003, p. 1. O] L 274, 25.9.1986, p. 1. Regulation as amended by Regulation (EC) No 3259/94 (O] L 339, 29.12.1994, p. 11). the data provided in relation to fishing effort limitations adopted under previous or current Community measures which involve or have involved the management of fishing effort. (5)  The maximum annual fishing effort, to be fixed for the vessels flying the flag of a Member State, by group of species, area and fishery, should be equal to the global fishing effort exerted over the five-year period 1998 to 2002 by those vessels, divided by five, HAS ADOPTED THIS REGULATION: Atticle 1 Subject matter This Regulation sets the maximum annual fishing effort for each Member State and for each area and fishery defined in Articles 3 and 6 of Regulation (EC) No 1954/2003. Article 2 Maximum levels 1. The maximum levels of annual fishing effort by group of species, area and fishery, and by Member State, for the areas referred to in Article 3(1)(a) and (b) of Regulation (EC) No 1954/2003, are set out in Annex I to this Regulation. 2. The maximum levels of annual fishing effort by group of species, area and fishery, and by Member State, for the area referred to in Article 6(1) of Regulation (EC) No 1954/2003, are set out in Annex II to this Regulation. Atticle 3 Transiting through an area 1. Each Member State shall ensure that the utilisation of fishing effort allocations by area, as defined in Articles 3 and 6 of Regulation (EC) No 1954/2003, will not result in more time spent fishing by comparison to fishing effort levels exerted during the reference period.