# EUR-Lex - 52015PC0041 - EN

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# 52015PC0041

**Proposal for a COUNCIL REGULATION amending Regulation (EU) 2015/104 as regards certain fishing opportunities for seabass /* COM/2015/041 final - 2015/0025 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Council Regulation (EU) 2015/104 fixed for
2015 the fishing opportunities for certain fish stocks and groups of fish
stocks applicable in Union waters and, for Union vessels, in certain non-Union
waters. These fishing opportunities are usually amended several times during
the period in which they are in effect.

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

Not applicable.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

The proposed amendments seek to modify Regulation
(EU) 2015/104 as described below.

In its proposal for Regulation (EU) 2015/104
(COM (2014) 670), the Commission included measures for the protection of the
stock of seabass (Dicentrarchus labrax) in the
North East Atlantic. In June 2014, the International Council for the
Exploration of the Sea (ICES) released scientific advice on this stock, which
has been in rapid decline since 2012. Furthermore, the Scientific, Technical
and Economic Committee for Fisherires (STECF) considered that in general
current national measures for the protection of seabass have proved
ineffective. Seabass is a late maturing and slow growing species. The fishing
mortality on this stock is currently four times higher than the level which
would ensure maximum sustainable yield (MSY).

The Commission proposal included a limit on
catches by recreational fishermen, a so-called "bag limit", and a set
of measures addressing the commercial fishery for the species. These measures
were not retained by the Council and are therefore absent from Council Regulation
(EU) 2015/104.

The Commission is now in the process of
adopting measures aimed at urgently reducing the fishing mortality of seabass
in the Northeast Atlantic, based on article 12 of Regulation (EU) No 1380/2013
of the European Parliament and of the Council on the Common Fisheries Policy
(“the basic regulation of the CFP”). These measures target the commercial
fishery for seabass. Given the contribution of recreational fisheries to the
fishing mortality of this species, a catch limit for recreational fishermen
needs to be introduced in the Fishing Opportunities Regulation for 2015.

2015/0025 (NLE)

Proposal for a

COUNCIL REGULATION

amending Regulation (EU) 2015/104 as
regards certain fishing opportunities for  seabass

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)       Council Regulation (EU) 2015/104[1] does not contain
fishing opportunities for the stock of seabass (Dicentrarchus
labrax) in the North East Atlantic.

(2)       In June 2014, the
International Council for the Exploration of the Sea (ICES) released scientific
advice on the stock on seabass in the North East Atlantic, and confirmed that
this stock has been in rapid decline since 2012.  Furthermore, the Scientific,
Technical and Economic Committee for Fisheries (STECF) has evaluated the
protection of seabass by national measures in place and, in general, has deemed
those measures ineffective. Seabass is a late maturing and slow growing species.
The fishing mortality on seabass in the North East Atlantic is currently four
times higher than the level which would ensure maximum sustainable yield (MSY).

(3)       The Commission has adopted
urgent measures based on Article 12 of Regulation (EU) No 1380/2013 of the
European Parliament and of the Council[2]
to reduce the fishing mortality caused by certain commercial fisheries for
seabass.

(4)       Also recreational
fisheries contribute significantly to the fishing mortality on that stock. It
is therefore appropriate to establish fishing opportunities in the form of a
daily limit on the number of fish that a recreational fisherman may retain.
Recreational fisheries include various forms, such as fishing from a
recreational vessel or fishing from shore.

(5)       Since such a daily limit
complements the urgent measures which the Commission has adopted for certain commercial
fisheries, this Regulation should enter into force seven days after its
publication.

(6)       Council Regulation (EU)
2015/104 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) 2015/104 is amended as
follows:

(1) 
Article 2 is replaced by the following:

"Article 2

Scope

1. This Regulation shall apply to the
following vessels:

(a)        Union vessels;

(b)        third-country vessels in Union
waters.

2. For the purpose of Article 11a,  this
Regulation shall also apply to recreational fisheries."

(2) 
In Article 3, the following point (m) is added:

"(m) ‘recreational fisheries’ means
non-commercial fishing activities exploiting marine living aquatic resources
such as for recreation, tourism or sport."

(3) 
The following Article 11a is inserted:

"Article 11a

Recreational  seabass fisheries in the North East Atlantic

In  recreational fisheries  in ICES
divisions IVb, IVc, VIIa, VIId, VIIe, VIIf, VIIg, VIIh, VIIj and VIIk not more than
three specimens of seabass may be retained per person per day."

(4) 
Annex I to Regulation (EU) 2015/104 is amended
in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force seven
days after  its publication in the Official Journal of the European Union.

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

Done at Brussels,

For
the Council

The
President

[1]               COUNCIL REGULATION (EU) 2015/104 of 19 January 2015 fixing
for 2015 the fishing opportunities for certain fish stocks and groups of fish
stocks, applicable in Union waters and, for Union vessels, in certain non-Union
waters, amending Regulation (EU) No 43/2014 and repealing Regulation (EU) No
779/2014.

[2]               REGULATION (EU) No 1380/2013 OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL

of 11
December 2013 on the Common Fisheries Policy, amending Council Regulations (EC)
No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No
2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC.

ANNEX

to the proposal for a Council Regulation

amending Regulation (EU) 2015/104
as regards certain fishing opportunities

Annex I to Regulation (EU) 2015/104 is
amended as follows:

1. The following entry is inserted in the
first table (comparative table of Latin names and common names) after the entry
for Deania calcea:

"Dicentrarchus labrax || BSS || Seabass"

2. The following entry is inserted in the
second table (comparative table of common names and Latin names) after the
entry for sandy ray:

Seabass || BSS || Dicentrarchus labrax"