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

The Proposal is consistent with other Union policies.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

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

•Subsidiarity (for non-exclusive competence)