Proposal for a COUNCIL REGULATION amending, for the second time, Regulation (EC) No 2341/2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EC) No 2341/2002 fixes the fishing opportunities and associated conditions for certain fish stocks and groups of stocks applicable in Community waters and for Community vessels, in waters where limitations in catch are required for 2003. Amendments of the Regulation are required following decisions recently reached as a consequence of international Agreements:

(1) Fishing possibilities of capelin for the Community in Greenlandic waters are foreseen in the Fourth Protocol laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and Home Rule Government of Greenland, on the other [1]. The Community receives 70 % of the Greenland share of the capelin TAC which is decided in June and available to all Member States. The fishery starts in the end of July, but the amendment of the TAC and Quota Regulation, including the new TAC, will normally not enter into force until the autumn. To enable the summer season fishery to start earlier than has been the case in recent years the Commission should be empowered to decide on the issue.

[1] OJ L 209, 2.8.2001, p. 2

(2) An agreement has been reached between the European Community and Norway whereby 40 000 tonnes of sandeel in Community waters of the North Sea has been transferred to Norway and 2 500 tonnes of haddock and 1 500 of plaice in the North Sea have been transferred from Norway to the Community.

(3) In the Agreed Record of Conclusions of Fisheries Consultations between the European Community and Norway, signed in Brussels 20 December 2002, it was agreed that 40 000 tonnes of the Community's quota on Norway pout in zone IV (Norwegian waters) may be fished by the European Community as sandeel. This flexibility has to be translated into law.

(4) An agreement has been reached between the European Community and Norway that the Community will have access to fish 48 493 tonnes of Atlanto-Scandian herring in Norwegian waters north of 62° N and Norway will have access to fish 417 835 tonnes of Atlanto-Scandian herring in Community waters north of 62° N. The Norwegian access to fish in Community waters north of 62° N will have very little practical implications as there is not much herring in the area. The number of licences available to the Community has increased to 75 and the number of licences available to Norway has increased to 18.

(5) An agreement has been reached between the European Community and the Faroe Islands that the Community will have access to fish 6 022 tonnes of Atlanto-Scandian herring in Faroese waters north of 62° N and Faroe Islands will have access to fish 6 022 tonnes of Atlanto-Scandian herring in Community waters north of 62° N. The number of licences remain unchanged.

(6) An agreement has been reached between the European Community and Norway on the allocation of their until now unallocated an unfished joint share of the NEAFC quota for mackerel in international waters. The agreement gives the Community an additional 7 520 tonnes of mackerel.

(7) The Community's position regarding blue whiting has until now been to follow the scientific advice and to set our quotas consistent with the advice and the share we have claimed in the negotiations with the other Coastal States. The other Parties have taken advantage of the Community's unilateral restriction of its fishery by increasing their own fisheries and thereby reducing the Community's share of the landings. The Community's share of the total landings has decreased from around 50% in the mid-1990s to below 30% in recent years. Although not all Coastal States have established their total quotas for 2003, the information received so far shows that there is no reduction compared to 2002.

The Community's restriction of its fishery has not limited the total catches to the level advised by ICES. On the contrary, total international catches have been at record highs in recent years. To re-establish the Community's share of the blue whiting at the levels before the general increase and to put pressure on the other coastal States it is therefor appropriate to introduce an additional quota for EU vessels for 2003 in international waters. Such a quota in the order of 250,000 tonnes will bring the Community share of the total closer to the level we had in the 1990s.

Obviously this will increase the pressure on the stock, although considering the uncertainty of the science, to what degree cannot be assessed. However, action should now be taken to show the other Parties that the Community wishes to establish a rational and sustainable fisheries management system for this stock. Failure to establish such a system will most likely lead to an eventual stock collapse. For this reason, it is worthwhile incurring a short-term increase in the biological risk in order to send a clear political signal to the other Parties.

(8) In January 2003, NAFO amended through a mail vote the 2003 TAC for northern prawn in NAFO Division 3L. The TAC was increased from 6 000 tonnes to 13 000 tonnes in line with the scientific advice for 2003 which only became available in November 2002, ie after the 2002 NAFO Annual Meeting. The EC quota in NAFO will therefore be 145 tonnes for 2003 (67 tonnes in 2002).

At Community level, it was in previous years decided not to utilise this quota for conservation purposes and since it was not considered to allow for a economically viable fishery. Therefore, despite an allocation of 67 tonnes, it was decided to set this amount to 0. However, in view of positive scientific advice for this fishery and increased quota for the Community, the Commission proposes to open a direct fishery in this fishery for Community fishermen.

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

Proposal for a COUNCIL REGULATION amending, for the second time, Regulation (EC) No 2341/2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under Common Fisheries Policy [2], and in particular Article 20(1) and (4) thereof,

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

Having regard to the proposal from the Commission [3],

[3] OJ C ..., ..., p. ...

Whereas:

(1) Council Regulation (EC) No 2341/2002 fixes the fishing opportunities and associated conditions for certain fish stocks and groups of stocks applicable in Community waters and for Community vessels, in waters where limitations in catch are required for 2003. Amendments of the Regulation are required following decisions recently reached as a consequence of international agreements.

(2) Fishing possibilities of capelin for the Community in Greenlandic waters are foreseen in the Fourth Protocol laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and Home Rule Government of Greenland, on the other [4]. The Community receives 70 % of the Greenland share of the capelin TAC which is decided in June and available to all Member States. To enable the summer season fishery to start earlier than has been the case in recent years the Commission should be empowered to decide on the issue.

[4] OJ L 209, 2.8.2001, p. 2

(3) An agreement has been reached between the European Community and Norway whereby 40 000 tonnes of sandeel in Community waters of the North Sea has been transferred to Norway and 2 500 tonnes of haddock and 1 500 of plaice in the North Sea have been transferred from Norway to the Community. Furthermore, the Community will have access to fish 48 493 tonnes of Atlanto-Scandian herring in Norwegian waters north of 62° N and Norway will have access to fish 417 835 tonnes of Atlanto-Scandian herring in Community waters north of 62° N as well as the allocation of 7 520 tonnes of mackerel to the Community of the joint share of the NEAFC quota for mackerel in international waters.

(4) In the Agreed Record of Conclusions of Fisheries Consultations between the European Community and Norway, of 20 December 2002, it was agreed that 40 000 tonnes of Norway pout in zone IV (Norwegian waters) may be fished by the European Community as sandeel.

(5) An agreement has been reached between the European Community and the Faroe Islands that the parties will have access to fish 6 022 tonnes of Atlanto-Scandian herring in the waters of the other party north of 62° N.

(6) While awaiting a long term management agreement on the blue whiting stock with the Coastal States concerned it is appropriate for the Community to set a quota available to all Member States at 250 000 tonnes in ICES divisions I, II, V, VI, VII, XII and XIV (International waters).

(7) In January 2003 the Northwest Atlantic Fisheries Organisation (NAFO) adopted a TAC for northern prawn of 13 000 tonnes in NAFO Division 3L and has set a quota for the Community.

(8) Regulation (EC) No 2341/2002 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2341/2002 is amended as follows:

(1) In Article 3 the following paragraph 4 is added:

'4. The Commission shall fix the fishing opportunities for capelin in zone V, XIV (Greenland waters) available to all Member States equal to 70 % of the Greenland share of the capelin TAC as soon as the TAC has been established.`

(2) Annex IB is amended in accordance with Annex I to this Regulation.

(3) Annex IC is amended in accordance with Annex II to this Regulation.

(4) Annex ID is amended in accordance with Annex III to this Regulation.

(4) Annex IE is amended in accordance with Annex IV to this Regulation.

(6) Annex VI is amended in accordance with Annex V to this Regulation.

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

ANNEX I

In Annex I B to Regulation (EC) No 2341/2002, the entries concerning the species Sandeel in zone 'IIa, Skagerrak, Kattegat, North Sea`, the species Haddock in zone 'IIa (EC waters), North Sea`, the species Plaice in zones 'IIa (EC waters), North Sea`, the species Norway pout in zone 'IV (Norwegian waters)` are replaced by the following:

>TABLE POSITION>

>TABLE POSITION>

>TABLE POSITION>

ANNEX II

In Annex I C to Regulation (EC) No 2341/2002, the entries concerning the species Herring in zone 'I, II (EC waters, International waters)` and Blue whiting in zone 'I, II (NEAFC Regulatory Area)` are replaced by the following:

>TABLE POSITION>

>TABLE POSITION>

ANNEX III

In Annex I D to Regulation (EC) No 2341/2002, the entries concerning the species Blue whiting in zone 'V, VI, VII, XII, and XIV(1)` and the species species Mackerel in zone 'IIa (EC waters), Skagerrak and Kattegat, IIIb, c, d (EC waters), North Sea` and in zone 'IIa (non-EC waters), Vb (EC waters), VI, VII, VIIIa, b, d, e, XII, XIV` are replaced by the following:

>TABLE POSITION>

>TABLE POSITION>

>TABLE POSITION>

ANNEX IV

In Annex I E to Regulation (EC) No 2341/2002, the entry concerning the species Northern prawn in zone 'NAFO 3L` is replaced by the following:

>TABLE POSITION>

ANNEX V

In Annex VI Part I and Part II are replaced by the following:

PART I

Quantitative limitations of licences and

fishing permits for community vessels fishing in

third country waters

>TABLE POSITION>

>TABLE POSITION>

PART II

Quantitative limitations of licences and fishing permits for

third countries vessels in Community waters

>TABLE POSITION>

>TABLE POSITION>