# COM_2015_0487_FIN.ENG.xhtml.1_EN_ACT_part1_v7.docx

european flagEUROPEAN COMMISSION

Brussels, 7.10.2015

COM(2015) 487 final

2015/0236(NLE)

Proposal for a

COUNCIL REGULATION

amending Regulation (EU) No 2015/104 as regards certain fishing opportunities

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

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

On 19 January 2015 the Council adopted Regulation (EU) 2015/104 fixing 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. The Regulation provided for the total allowable catch (TAC) for sprat and associated by-catches in Union waters of ICES division IIa and ICES subarea IV of 227 000 tones for 2015, which was based on the International Council for the Exploration of the Sea (ICES) advice available at the moment of setting the fishing opportunities.

On 30 June 2015 ICES issued advice for sprat in the North Sea covering the period of July 2015 – June 2016, which allows for total wanted catches for that period of not more than 506 000 tones. The positive advice is mainly due to a record high recruitment and new estimations of mortality and updated model input.

As in the European Union fishing opportunities are set annually, the fishing opportunities for 2015 should be amended to provide for a partial increase in the total allowable catch for sprat. This partial increase in the 2015 fishing opportunities will be taken into account when proposing the fishing opportunities for 2016.

According to the most recent advice by ICES, herring in ICES division IIIa is within safe biological limits as defined in Article 4(18) of Regulation (EU) 1380/2013, and for the purpose of Article 15(8) of that Regulation.

The stock of herring in in Division VIIa South of 52° 30’ N and VIIg,h,j,k (Irish Sea, Celtic Sea and Southwest of Ireland) was benchmarked in 2015 and the assessment model was changed. The benchmark resulted in a change in the perception of the stock, and a significant TAC increase is possible for 2016, according to the advice. Since this is an autumn fishery, it is useful for the fishing industry, and not detrimental to the stock, to have a limited increase of the fishing opportunities already in 2015. This partial increase in the 2015 fishing opportunities will be taken into account when proposing the fishing opportunities for 2016.

The TAC for Norway pout in ICES division IIIa and Union waters of division IIa and subarea IV currently applies from 1 January to 31 October 2015. As the ICES advice will be issued only in the last quarter of 2015, the application period of this TAC should be extended until the end of 2015, in order to avoid that this stock is not covered by any TAC between 1 November and 31 December 2015.

As a result of consultations with Norway, a total allowable catch of 1500t can now be established for redfish in Norwegian waters of I and II. The Commission proposal incorporates this agreement and establishes the EU quota and the quotas of Member States concerned.

•Consistency with existing policy provisions in the policy area

The Proposal is consistent with the Common Fisheries Policy, as laid down in Regulation (EU) No 1380/2013.

•Consistency with other Union policies

•

Consistency with other Union policies

The Proposal is consistent with other Union policies.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

2.

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

•

Legal basis

The Proposal is based on Article 43(3) of the Treaty.

•Subsidiarity (for non-exclusive competence)

•

Subsidiarity (for non-exclusive competence)

The proposal falls under the exclusive competence of the European Union.

•Proportionality

•

Proportionality

The proposal is within the scope of the powers provided by Article 43(3) TFEU and does not go beyond what is necessary to achieve the purpose of that provision.

The proposal is within the scope of the powers provided by Article 43(3) TFEU and does not go beyond what is necessary to achieve the purpose of that provision.

•Choice of the instrument

•

Choice of the instrument

The Treaty provides for a Council Regulation.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

3.

RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

•

Ex-post evaluations/fitness checks of existing legislation

Not applicable

•Stakeholder consultations

•

Stakeholder consultations

The proposal is based on the scientific advice of ICES, no formal stakeholder consultation is necessary due to the limited impacted of the Proposal.

•Collection and use of expertise

•

Collection and use of expertise

The proposal is based on the scientific advice of ICES.

•Impact assessment

•

Impact assessment

The proposal is based on the scientific advice of ICES and complies with the objectives of the Common Fisheries Policy.

4.BUDGETARY IMPLICATIONS

4.

BUDGETARY IMPLICATIONS

The proposed measures will have no budgetary implications.

2015/0236 (NLE)

2015/0236 (NLE)

Proposal for a

Proposal for a

COUNCIL REGULATION

COUNCIL REGULATION

amending Regulation (EU) No 2015/104 as regards certain fishing opportunities

amending Regulation (EU) No 2015/104 as regards certain fishing opportunities

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)According to the most recent advice by ICES, herring in ICES division IIIa is within safe biological limits as defined in Article 4(18) of Regulation (EU) 1380/2013
  1
  . That stock should therefore be identified in Annex I to Regulation (EU) 2015/104 for the purposes of applying the derogation provided for in Article 15(8) of Regulation (EU) 1380/2013.

(2)The scientific advice indicates that a limited increase of the 2015 total allowable catch (TAC) for herring in ICES divisions VIIg, VIIh, VIIj and VIIk is possible and is consistent with the objectives of the Common Fisheries Policy, set out in Article 2(2) of Regulation (EU) No 1380/2013.

(3)On 30 June 2015, the International Council for the Exploration of the Sea (ICES) issued an advice for sprat in Union waters of ICES division IIa and ICES subarea IV covering the period from July 2015 to June 2016, which allows for a total amount of wanted catches of 506 000 tones. That advice is mainly due to a record high recruitment, new estimations of mortality and updated model inputs.

(4)The TAC for sprat in Union waters of ICES division IIa and ICES subarea IV for the year 2015 is currently fixed at 227 000 tones by Council Regulation (EU) 2015/104
  2
  . It should be increased, on the basis of the ICES advice of 30 June 2015, to allow for an optimal harvest of that stock.

(5)Since the ICES advice covers the period from July 2015 to June 2016, only part of the maximum amount of catches advised by ICES should be taken into account to increase the fishing opportunities for the year 2015.

(6)TAC for Norway pout in ICES division IIIa and Union waters of division IIa and subarea IV currently applies from 1 January to 31 October 2015. As the ICES advice will be issued only in the last quarter of 2015, the application period of the current total allowable catch for Norway pout in that area should be extended until the end of 2015.

(7)Following a transfer from Norway, EU vessels will be allowed to fish 1 500 tonnes of redfish in Norwegian waters of ICES subareas I and II.

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

HAS ADOPTED THIS REGULATION:

Article 1

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

1.Annex IA is amended as follows:

(a)the fishing opportunities table for herring (Clupea harengus) in IIIa is replaced by the following:

| Species: | Herring (1) | | | Zone: | IIIa |
| --- | --- | --- | --- | --- | --- |
| | Clupea harengus | | | (HER/03A.) |
| Denmark | | 18 034 | (2) | Analytical TAC | | |
| Germany | | 289 | (2) | Article 3 of Regulation (EC) No 847/96 shall not apply |
| Sweden | | 18 865 | (2) | Article 4 of Regulation (EC) No 847/96 shall not apply |
| Union | | 37 188 | (2) | Article 7(3) of this Regulation applies | |
| Norway | | 5 816 | | | | | |
| Faroe Islands | | 600 | (3) | | | | |
| TAC | | 43 604 | | | | | |
| (1) | Catches of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. | | | |
| (2) | Special condition: up to 50 % of this amount may be fished in Union waters of IV (HER/*04-C.). | | | |
| (3) | May only be fished in the Skagerrak (HER/*03AN.). | | | |

Species:

Herring (1)

Zone:

IIIa

Clupea harengus

(HER/03A.)

Denmark

18 034

(2)

Analytical TAC

Germany

289

(2)

Article 3 of Regulation (EC) No 847/96 shall not apply

Sweden

18 865

(2)

Article 4 of Regulation (EC) No 847/96 shall not apply

Union

37 188

(2)

Article 7(3) of this Regulation applies

Norway

5 816

Faroe Islands

600

(3)

TAC

43 604

(1)

Catches of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.

(2)

Special condition: up to 50 % of this amount may be fished in Union waters of IV (HER/*04-C.).

(3)

May only be fished in the Skagerrak (HER/*03AN.).

(b)the fishing opportunities table for herring (Clupea harengus) in VIIg, VIIh, VIIj and VIIk is replaced by the following:

| Species: | Herring | | | Zone: | VIIg(1), VIIh(1), VIIj(1) and VIIk(1) |
| --- | --- | --- | --- | --- | --- |
| | Clupea harengus | | | (HER/7G-K.) | |
| Germany | | 213 | | Analytical TAC | | |
| France | | 1 185 | | Article 7(3) of this Regulation applies | |
| Ireland | | 16 591 | | | | | |
| The Netherlands | 1 185 | | | | | |
| United Kingdom | 24 | | | | | |
| Union | | 19 198 | | | | | |
| | | | | | | | |
| TAC | | 19 198 | | | | | |
| (1) | This zone is increased by the area bounded: | | | | |
| | - to the north by latitude 52o 30' N, | | | | | |
| | - to the south by latitude 52o 00' N, | | | | | |
| | - to the west by the coast of Ireland, | | | | | |
| | - to the east by the coast of the United Kingdom. | | | | |

Species:

Herring

Zone:

VIIg(1), VIIh(1), VIIj(1) and VIIk(1)

Clupea harengus

(HER/7G-K.)

Germany

213

Analytical TAC

France

1 185

Article 7(3) of this Regulation applies

Ireland

16 591

The Netherlands

1 185

United Kingdom

24

Union

19 198

TAC

19 198

(1)

This zone is increased by the area bounded:

- to the north by latitude 52o 30' N,

- to the south by latitude 52o 00' N,

- to the west by the coast of Ireland,

- to the east by the coast of the United Kingdom.

(c)the fishing opportunities table for Sprat (Sprattus sprattus) and associated by-catches in Union waters of IIa and IV is replaced by the following:

| Species: | Sprat and associated by-catches | | Zone: | Union waters of IIa and IV | |
| --- | --- | --- | --- | --- | --- |
| | Sprattus sprattus | | | (SPR/2AC4-C) |
| Belgium | | 3 929 | (1) | Analytical TAC | |
| Denmark | | 310 987 | (1) | Article 7(3) of this Regulation applies | |
| Germany | | 3 929 | (1) | | |
| France | | 3 929 | (1) | | |
| The Netherlands | | 3 929 | (1) | | |
| Sweden | | 1 330 | (1) (2) | | |
| United Kingdom | | 12 967 | (1) | | |
| Union | | 341 000 | | | |
| Norway | | 9 000 | | | |
| | | | | | |
| TAC | | 350 000 | | | |
| (1) | Without prejudice to the landing obligation, catches of dab and whiting may be counted against up to 2% of the quota (OTH/*2AC4C), provided that not more than 9% in total of this quota for sprat is accounted for by these catches and by-catches of those species that are accounted for under Article 15(8) of Regulation (EU) No 1380/2013. |
| (2) | Including sandeel. | | | | |

Species:

Sprat and associated by-catches

Zone:

Union waters of IIa and IV

Sprattus sprattus

(SPR/2AC4-C)

Belgium

3 929

(1)

Analytical TAC

Denmark

310 987

(1)

Article 7(3) of this Regulation applies

Germany

3 929

(1)

France

3 929

(1)

The Netherlands

3 929

(1)

Sweden

1 330

(1) (2)

United Kingdom

12 967

(1)

Union

341 000

Norway

9 000

TAC

350 000

(1)

Without prejudice to the landing obligation, catches of dab and whiting may be counted against up to 2% of the quota (OTH/*2AC4C), provided that not more than 9% in total of this quota for sprat is accounted for by these catches and by-catches of those species that are accounted for under Article 15(8) of Regulation (EU) No 1380/2013.

(2)

Including sandeel.

(d)the footnote 4 in the fishing opportunities table for Norway pout (Trisopterus esmarki) and associated by-catches in IIIa; Union waters of IIa and IV shall be deleted.

2.In Annex IB the fishing opportunities table for redfish (Sebastes spp.) in Norwegian waters of ICES subareas I and II is replaced by the following table:

| Species: | Redfish | | Zone: | Norwegian waters of I and II |
| --- | --- | --- | --- | --- |
| | Sebastes spp. | | | (RED/1N2AB.) |
| Germany | 766 | | Analytical TAC |
| Spain | 95 | | Article 3 of Regulation (EC) No 847/96 shall not apply |
| France | 84 | | Article 4 of Regulation (EC) No 847/96 shall not apply |
| Portugal | 405 | | | |
| United Kingdom | 150 | | | |
| Union | 1 500 | | | |
| TAC | Not relevant | | | |
| | | | | |
| | |

Species:

Redfish

Zone:

Norwegian waters of I and II

Sebastes spp.

(RED/1N2AB.)

Germany

766

Analytical TAC

Spain

95

Article 3 of Regulation (EC) No 847/96 shall not apply

France

84

Article 4 of Regulation (EC) No 847/96 shall not apply

Portugal

405

United Kingdom

150

Union

1 500

TAC

Not relevant

Article 2

This Regulation shall enter into force on the third day following that of 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