# EUR-Lex - 52013PC0507 - EN

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# 52013PC0507

**Proposal for a COUNCIL REGULATION on establishing the fishing opportunities for anchovy in the Bay of Biscay for the 2013/14 fishing season /* COM/2013/0507 final - 2013/0236 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Council Regulations on fishing
opportunities adopted during the second half of each year no longer includes a
TAC for anchovy in the Bay of Biscay because of the different annual cycle
followed by the biology of this stock and the scientific advice on it. An
anchovy TAC needs to be set around July each year.

By way of Council Regulation (EC) No
694/2012, the Council established the TAC for the fishery exploiting this stock
applicable from 1 July 2012 until 30 June 2013. The TAC and its allocation to
the Member States concerned must now be fixed for the next 12 months.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

Having regard to the objectives of the
Common Fisheries Policy, laid down in Council Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable exploitation of fisheries
resources under the Common Fisheries Policy, fishing opportunities should be
established on the basis of the available scientific advice and by taking into
account the biological and socio-economic aspects whilst ensuring fair
treatment between fishing sectors.

For the anchovy stock in the Bay of Biscay, the advice from the Scientific, Technical and
Economic Committee for Fisheries (STECF) of July 2013
is based on a fishing season running from 1 July 2013 until 30 June 2014.

The advice from the STECF estimates the
spawning stock biomass to be approximately 56 055 tonnes. Having regard to the
Commission proposal of 29 July 2009 for a Regulation establishing a long-term
plan for the anchovy stock in the Bay of Biscay and the fisheries exploiting
that stock[1]
and considering that the impact assessment underlying that proposal provides
for the most recent assessment of impact of decisions on the fishing
opportunities for this stock, Regulation EU (No) 694/2012 fixed the TAC for
this stock in accordance with the harvest rule set out in the proposal.

In 2013 the methodology and biological
parameters used by the International Council for the Exploration of the Sea
(ICES) to assess the status of the anchovy stock was reviewed. In light of this
new scientific information it may be appropriate in the near future not only to
revise the current harvest control rule laid down in the Commission proposal of
29 July 2009 but also to reconsider other fishing management measures. In this
case amendments may be proposed accordingly. Until this revision is carried out
it is appropriate to continue applying the current harvest control rule as it
is confirmed that it remains precautionary but also because it guarantees catch
predictability and stability for the fishing sector. The relevant Regional
Advisory Council (the South Western Waters RAC) has been following these
scientific developments and informal consultations among their members indicate
that this approach is agreeable to them. The RAC will be associated to
forthcoming work to reassess the harvest control rule and any other management
rules, such as the regulatory season, which the Commission will undertake
through its scientific advisory bodies.

Consequently,
the TAC for the fishing season from 1 July 2013 to 30 June 2014 should, in
accordance with the harvest rule set out in the aforementioned proposal, be
established at 17 100 tonnes.

The Council is requested to adopt this
proposal as soon as possible in order to allow fishermen to plan their
activities for the new fishing season.

2013/0236 (NLE)

Proposal for a

COUNCIL REGULATION

on establishing the fishing opportunities
for anchovy in the Bay of Biscay for the 2013/14 fishing season

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43 (3) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       It is incumbent upon the
Council to establish fishing opportunities by fishery or group of fisheries.
These fishing opportunities should be distributed among Member States in such a
way as to ensure the relative stability of each Member State's fishing
activities for all stocks or groups of stocks and having due regard to the
objectives of the common fisheries policy established by Council Regulation
(EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable
exploitation of fisheries resources under the Common Fisheries Policy[2].

(2)       For the purposes of
suitable stock management and simplification, it is appropriate that the TAC
and Member State quotas for the stock of anchovy in the Bay of Biscay (ICES
subarea VIII) are set for an annual management season running from 1 July to 30
June of the following year, rather than for a calendar year management period.
Nevertheless, the fishery should remain subject to the general provisions of
Regulation (EU) No 39/2013[3]
concerning the conditions for the use of quotas.

(3)       The Bay of Biscay anchovy
TAC for the 2013/14 fishing season should be established on the basis of
scientific advice available, taking into account biological and socioeconomic
aspects and ensuring fair treatment between fishing sectors.

(4)       In order to provide for a
multiannual management of the stock of anchovy in the Bay of Biscay, on 29 July
2009, the Commission presented a proposal for a Regulation establishing a
long-term plan for the anchovy stock in the Bay of Biscay and the fisheries
exploiting that stock. Considering that the impact assessment on which the proposal
is based provided for the most recent assessment of the impact of management
decisions for the stock, it is appropriate to fix a TAC for anchovy in the Bay of Biscay accordingly. The advice issued by the Scientific, Technical and Economic
Committee for Fisheries (STECF) in July 2013 estimated the spawning stock
biomass to be approximately 56 055 tonnes. Consequently, the TAC for the
fishing season running from 1 July 2013 to 30 June 2014 should be established
at 17 100 tonnes.

(5)       In accordance with Article
2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional
conditions for year-to-year management of TACs and quotas[4], it is necessary to establish
to what extent the stock of anchovy in the Bay of Biscay is subject to the
measures laid down in that Regulation.

(6)       In view of the start of
the 2013/14 fishing season and for the purpose of the annual reporting of
catches, this Regulation should enter into force immediately and apply from 1
July 2013,

HAS ADOPTED THIS REGULATION:

Article 1

Fishing opportunities for anchovy in the
 Bay of Biscay

1.           The total allowable catch
(TAC) and its allocation between Member States for the fishing season running
from 1 July 2013 until 30 June 2014 for the stock of anchovy in ICES Subarea
VIII, as defined in Regulation (EC) No 218/2009 of the European Parliament and
of the Council[5],
shall be as follows (in tonnes live weight):

Species: || Anchovy Engraulis encrasicolus || ICES Zone: || VIII (ANE/08.)

Spain || 15 390 || || Analytical TAC

France || 1 710 ||

EU || 17 100 ||

|| ||

TAC || 17 100 ||

2.           The allocation of the
fishing opportunities as set out in paragraph 1 and the use thereof shall be
subject to the conditions set out in Articles 8 and 10 of Regulation
(EU) No 39/2013.

3.           The stock referred to in
paragraph 1 shall be considered subject to an analytical TAC for the purposes
of Regulation (EC) No 847/96. Article 3(2) and (3) and Article 4 of that
Regulation shall apply.

Article 2
Data transmission

When, pursuant to Articles 33 and 34 of
Council Regulation (EC) No 1224/2009[6],
Member States submit to the Commission data relating to landings of quantities
of anchovy caught in ICES Subarea VIII, they shall use the stock code “ANE/08.”.

Article 3

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

It shall apply from 1 July 2013.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For
the Council

The
President

[1]               COM(2009)399final

[2]               OJ L 358, 31.12.2002, p. 59.

[3]               Council Regulation (EU) No 39/2013 of 21 January 2013
fixing for 2013 the fishing opportunities available to EU vessels for certain
fish stocks and groups of fish stocks which are not subject to international
negotiations or agreements (OJ L 23, 25.1.2012, p. 1).

[4]               OJ L 115, 9.5.1996, p. 3.

[5]               Regulation (EC) No 218/2009 of the European
Parliament and of the Council of 11 March 2009 on the submission of nominal
catch statistics by Member States fishing in the north-east Atlantic (OJ L 87,
31.3.2009, p. 70).

[6]               Council Regulation (EC) No 1224/2009 of 20 November
2009 establishing a Community control system for ensuring compliance with the
rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC)
No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No
2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No
1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC)
No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).