EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

At its meeting on 10-11 October 2016, the Council, by Council Regulation (EU) no 2016/1903, fixed fishing opportunities for Western Baltic cod (subdivisions 22-24) in 2017 based on and in line with the Baltic Sea Multi-annual Management Plan (Regulation (EU) 2016/1139) and in order to ensure a rapid return of that stock to levels above the level capable of producing maximum sustainable yield (MSY). In line with Article 5 (2) of that Regulation, the Council set total allowable catches (quota) at a level consistent with a fishing mortality below the MSY point value. In line with Article 5 (2) and (3) of that Regulation, the Council decided further measures to ensure a rapid return of the stock to the said level.

In particular, the Council allowed the said quota to be fished only from 1 to 31 January and from 1 April to 31 December 2017. Not allowing the use of the quota for two months during the spawning season of the Western Baltic cod stock will facilitate the recovery of the stock above and beyond the quantitative reduction of catches, by improving recruitment conditions due to less disrupted spawning and favourable changes in its age structure.

By incorporating the objectives of the Common fisheries policy, the Baltic Sea Multi-annual Management Plan (Article 3 (1) of Regulation (EU) 2016/1139) obliges the Council to ensure that fishing activities are environmentally sustainable in the long term and at the same time consistent with the objective of achieving economic, social and employment benefits (article 2(1) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013). The principle of proportionality requires that the seasonal prohibition to fish is applied only where it is necessary to achieve its purpose, by protecting the spawning stock.

Science indicates that spawning of Western Baltic cod takes place in sea areas deeper than 20 metres whereas small coastal vessels that depend particularly on catches of cod do fish also in areas shallower than 20 metres. Analysis by the Scientific, Technical and Economic Committee for Fisheries (STECF) indicates that restricting fishing to areas shallower than 20 metres, and only to vessels below a length of 15 metres, does not significantly impact the simulated outcome for the stock status.

It is to be noted as well that during the year 2015, while vessels under 12 meters were excluded from the derogation albeit subject to different conditions, the pressure on the stock was significantly reduced and the closure period served its objective.

Furthermore, a total prohibition for fishing, could have an undesirable effect on another Baltic cod stock, i.e. an increased fishing pressure on the Eastern cod stock.

Moreover, allowing fishing for vessels of less than 15 metres and in sea areas shallower than 20 metres will provide a possibility for a limited number of small-scale fishermen to continue their fishing operations and to obtain a more stable income that would be the case if fishing were to discontinue altogether.

These vessels also fish for other species, therefore discontinuing cod fishery for these vessels would effectively limit fishery for other species as cod is usually caught as by-catch there.

In order to ensure the compliance with the requirement not to fish in areas deeper than 20 metres, only be granted to vessels equipped with the vessel monitoring system (VMS) should be entitled to fish in the said area. In accordance with Article 9(2) of Regulation 1224/2009, Article 9(5) of the same Regulation should not be applicable.

In addition, in the light of the findings of STECF, namely that the most important remedial measure to ensure the recovery of the stock is the limitation of the catches in order to ensure that the principle of responsible exploitation of living marine biological resources, it is appropriate to limit the application of Article 15(9) of Regulation (EU) No 1380/2013 for the cod stock in Subdivisions 22-24 in order to respect Regulation (EU) 2016/1139.

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

The measure has been assessed by the STECF and, following this assessment, was raised and discussed by the Member States concerned during the AGRIFISH Council on 12 and 13 December 2016 as well as the Baltic Member States in December. The measure proposed can be effective in its entirety only if it enters into force before the date at which no fishing opportunity is available, i.e. 1 February 2017.

3.LEGAL ELEMENTS OF THE PROPOSAL

The proposed amendment seeks to modify Council Regulation (EU) No 2016/1903 as described below.

The footnote in the table pertaining to the cod in zone: Subdivisions 22-24 (COD/3BC+24) found in the annex to the Regulation (EU) No 2016/1903 will have to be modified reflecting the conditions under which the fishing opportunity may not be used.

2017/0001 (NLE)

Proposal for a