Proposal for a COUNCIL REGULATION amending Regulation (EC) No 2555/2001 fixing for 2002 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 2555/2001 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 2002. Amendments of the Regulation are required following decisions recently reached in international fora, new scientific advice and a ruling by the Court of Justice:

(1) Various conservation and enforcement measures to be applied in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (NAFO) are laid down in the Regulation. The Community is a Contracting Party to NAFO and has to implement measures adopted by the Organisation. At a Special Meeting in February 2002 NAFO adopted the following measures:

(a) To introduce increased mesh size of nets in the skate fishery. The mesh size shall be 280 mm in the codend (from 1 July 2002).

(b) To introduce a reporting system for catches of shrimp in NAFO Division 3L.

(c) To extend the closed period for fishing for shrimp in certain defined areas of NAFO Division 3M from 1 June to 30 September 2002 to 1 June to 31 December 2002.

(d) To increase the maximum number of fishing days for shrimp in certain defined areas of NAFO Division 3M.

(e) To increase the TAC of Greenland halibut in NAFO Division 3LMNO.

(2) Consultations between the Community, on behalf of Sweden, and the Russian Federation concerning co-operation in fisheries for 2002 were concluded on 14 February 2002. The conclusions of such consultations, which concern exchange of fishing opportunities in the form of quotas and licences, need now to be implemented in Community legislation so fishermen can make use of the new fishing possibilities.

(3) During the Fisheries Consultations between the EU and Norway on the regulation of fisheries in Skagerrak and Kattegat for 2002 the Parties agreed that: "In view of the special circumstances surrounding the plaice advice for 2002, the Parties agreed that ICES should be requested to re-evaluate its advice for the stock for 2002 when official statistics of plaice catches for 2001 become available." ICES concludes in its advice for plaice in Skagerrak and Kattegat that "the 2001 information suggests a 32% higher status quo prediction for 2002 than presented in 2001, implying that the 2002 TAC could be increased by up to 32% without significant additional risk to the stock." The TAC has been amended accordingly. As regards Skagerrak Norway has agreed to the increased TAC.

(4) An agreement has been reached between the European Community and Norway whereby 15 000 tonnes of sandeel in Community waters of ICES Sub-division IIa and the North Sea has been transferred to Norway and 1 500 tonnes of plaice in the same area has been transferred from Norway to the Community.

(5) The Council and the Commission at the Council meeting in December 2001 agreed to seek further scientific advice from ICES and STECF on the state of the stock of sole in ICES Sub-divisions VIIIa,b and appropriate catches for 2002. Neither ICES nor STECF found any basis to revise the previous ICES advice.

The Commission last year, when developing TAC and quota proposals for recovery stocks, selected the TACs equal to the landings that, according to ICES catch forecasts, would give for cod and sole a 30% increase in SSB and for hake a 15% increase. If this implied a reduction in the TAC of more than 50% the proposed TAC was set equal to 50% of the 2001 TAC. The proposed TAC was, however, never set at a level that would result in a fishing mortality higher than the Fpa.

Following the ICES advice and applying the same principles as used when developing the that TAC last year the TAC will be 2,710 tonnes for sole in ICES Sub-divisions VIIIa,b for the whole year 2002 (Fpa rule).

(6) ICES has in a new scientific advice on management of herring in ICES Sub-divisions VII g,h,j,k recommended that the fishing mortality in 2002 should be at or below 0.35 corresponding to catches of no more than 11 000 tonnes for the whole year. The TAC has been amended accordingly.

(7) The Court of Justice has in case C-61/96 ruled that allowing Portugal under the TAC for anchovy in ICES Divisions IX, X, CECAF 34.1.1 to fish part of its quota allocated in the aforementioned zone in ICES Division VIII will distort the relative stability in Division VIII. The transfer must therefore be discontinued.

(8) During the Annual Meeting of ICCAT from 12 to 19 November 2001, tables were adopted for the first time showing the under-utilisation and over-utilisation by the ICCAT Contracting Parties of their fishing possibilities agreed in ICCAT. In this context, ICCAT adopted a decision showing that during 2000, the European Community under-exploited its quota by 1,696 tonnes for South Atlantic blue-fin tuna and by 2 tonnes for South Atlantic swordfish as well as over-exploited its quota of North Atlantic swordfish by 147.5 tonnes. In order to respect the adjustments to the Community quotas established by ICCAT, and taking into account the under-utilisation and the over-utilisation attributed to the European Community resulting from the under-exploitation of South Atlantic blue-fin tuna and swordfish and the over-exploitation by certain Member States of the 2000 fishing possibilities of North Atlantic swordfish established by ICCAT, it is necessary that the distribution of under-utilisation and over-utilisation is carried out on the basis of the respective contribution of each Member State towards the under-utilisation and over-utilisation without modifying the distribution key established under Article 3 (1) of Regulation (EC) No. 2555/2001 concerning the annual allocation of TACs.

(9) At the extraordinary meeting of the International Commission for the Conservation of Atlantic Tuna (ICCAT) in November 2000 it was recommend that quotas should be introduced for white marlin and blue marlin in the Atlantic Ocean. The recommendations entered into force 26 June 2001. The Community as a Contracting Party has to implement them.

(10) In accordance with Article 10 (1) of Regulation (EC) No 973/2001 the number of Community fishing vessels that are fishing for Northern Albacore as a target species has to be fixed, based on the average number of fishing vessels fishing for Northern Albacore during the period 1993 and 1995. The total number is 1253 distributed among Member States as follows: Ireland 25, Spain 751, France 155, United Kingdom 12 and Portugal 310. The total number may not be exceeded.

In accordance with Article 10 (4) of Regulation (EC) No 973/2001 the total number of vessels fixed in accordance with Article 10 (1) shall be distributed among Member States. The vessels intended to participate in the Northern Albacore fishery during 2002, notified by the Member States to the Commission, is higher than 1253. In accordance with a declaration made by Spain, France and Ireland, made at the adoption of the Regulation, Spain and France will renounce up to 25 vessels in favour of Ireland if it is deemed necessary for the application of Article 10 (4). The reduction will be made in proportion to their number of vessels determined in accordance with Article 10 (1). This means that Spain has to reduce the number of vessels with 21 to 730 and France with 4 to 151 and Ireland will increase the number of vessels from 25 to 50.

(11) Various conservation and enforcement measures to be applied in the Baltic Sea fishery are laid down in the Regulation. These measures are recommended by the International Baltic Sea Fishery Commission (IBSFC). The Community as a Contracting Party has to implement them. The IBSFC, at an Extraordinary Session in March 2001, made a recommendation on increased gear selectivity in the cod trawl fishery. The specification relating to twine thickness for the 130 mm trawl should be inserted in Annex V to the Regulation.

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 Regulation (EC) No 2555/2001 fixing for 2002 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 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture [1], and in particular Article 8(4) thereof,

[1] OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1).

Having regard to the proposal from the Commission [2],

[2] OJ C [...], [...], p. [...].

Whereas:

(1) In February 2002 the Northwest Atlantic Fisheries Organisation (NAFO) adopted various amendments to its conservation and enforcement measures regarding mesh size for fishing for skate, catch reporting requirements for the shrimp fishery in Division 3L, the extension of the closed period for the fishing for shrimp in certain defined areas in Division 3M, a change of the maximum number of fishing days for shrimp in Division 3M and the total allowable catches (TAC) for Greenland halibut.

(2) In accordance with the procedure provided for in Article 3 of the Agreement on fisheries of 11 December 1992 concluded between the Government of the Kingdom of Sweden and the Government of the Russian Federation, the Community, on behalf of the Kingdom of Sweden, held consultations with the Russian Federation concerning their respective fishing rights for 2002.

(3) In accordance with the most recent scientific evidence and in agreement with Norway, the TAC for plaice in ICES [3] Sub-division IIIa (Kattegat and Skagerrak) for 2002 can be increased.

[3] International Council for the Exploration of the Sea.

(4) An agreement has been reached between the European Community and Norway whereby 15 000 tonnes of sandeel in Community waters of ICES Sub-division IIa and the North Sea has been transferred to Norway and 1 500 tonnes of plaice in the same area has been transferred from Norway to the Community.

(5) According to the most recent scientific evidence, the TAC for sole in ICES Sub-divisions VIIIa,b should be reduced. The TAC for herring in ICES Sub-divisions VIIg,h,j,k should be set for the whole year 2002 taking into account new scientific advice from ICES.

(6) Following the judgement of the Court of Justice of 18 April 2002 in case C-61/96 footnote 2 on the entry concerning anchovy in Zone IX, X, CECAF 34.1.1 should be deleted.

(7) During the Annual Meeting of ICCAT from 12 to 19 November 2001, tables were adopted for the first time showing the under-utilisation and over-utilisation by the ICCAT Contracting Parties of their fishing possibilities agreed in ICCAT. In this context, ICCAT adopted a decision showing that during 2000, the European Community under-exploited its quota by 1,696 tonnes for South Atlantic blue-fin tuna and by 2 tonnes for South Atlantic swordfish as well as over-exploited its quota of North Atlantic swordfish by 147.5 tonnes;

(8) In order to respect the adjustments to the Community quotas established by ICCAT, and taking into account the under-utilisation and the over-utilisation attributed to the European Community resulting from the under-exploitation of South Atlantic blue-fin tuna and swordfish and the over-exploitation by certain Member States of the 2000 fishing possibilities of North Atlantic swordfish established by ICCAT, it is necessary that the distribution of under-utilisation and over-utilisation is carried out on the basis of the respective contribution of each Member State towards the under-utilisation and over-utilisation without modifying the distribution key established under Article 3 (1) of Regulation (EC) No. 2555/2001 concerning the annual allocation of TACs.

(9) In accordance with Article 10 (1) of Council Regulation (EC) No 973/2001 of 14 May 2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species [4] the number of Community fishing vessels that are fishing for Northern Albacore as a target species should be determined, based on the average number of fishing vessels fishing for this species during the period 1993 and 1995. That number of vessels should be distributed among the Member States.

[4] OJ L 137, 19.5.2001, p. 1

(10) At its extraordinary meeting in November 2000, the International Commission for the Conservation of Atlantic Tunas (ICCAT) recommended that quotas should be introduced for white marlin and blue marlin in the Atlantic Ocean.

(11) The International Baltic Sea Fishery Commission (IBSFC), recommended technical conservation measures in March 2001 for the cod trawl fishery. Therefore point 3 of Annex V of Regulation (EC) No 2555/2001 of 18 December 2001 fixing for 2002 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 [5] has to be changed.

[5] OJ L 347, 31.12.2001, p. 1.

(12) Regulation (EC) No 2555/2001 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2555/2001 is amended as follows:

(1) The first paragraph of Article 17(1) is replaced by the following:

"The use of trawl net having in any section thereof net meshes of dimensions less than 130 mm shall be prohibited for direct fishing of the species referred to in Annex IX. This mesh size may be reduced to minimum 60 mm for direct fishing of short-finned squid (Illex illecebrosus). For direct fishing of skates (Rajidae) this mesh size shall be increased to minimum 280 mm in the cod-end from 1 July 2002."

(2) In Article 18, the following paragraph 5 is added :

"5 Member States shall report to the Commission daily the quantities of Northern prawns (Pandalus borealis) caught in Division 3L of the NAFO Regulatory Area by vessels flying the flag of a Member State and registered in the Community."

(3) Annex 1A is amended in accordance with Annex I to this Regulation.

(4) Annex 1B is amended in accordance with Annex II to this Regulation.

(5) Annex 1D is amended in accordance with Annex III to this Regulation.

(6) Annex 1E is amended in accordance with Annex IV to this Regulation.

(7) Annex 1F is amended in accordance with Annex V to this Regulation.

(8) In Annex V, point 3 is replaced by the following:

"(3) By way of derogation from the provisions of Annex IV of Council Regulation (EC) No 88/98, the minimum mesh size for fishing for cod with trawls, Danish seines and similar nets shall be 130 mm. The maximum twine thickness shall be 6 mm if single twine is used and 4 mm if double twine is used. The said mesh size and twine thickness shall apply to any cod-end or extension piece found on board a fishing vessel and attached to or suitable for attachment to any towed net."

Article 2

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

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

Annex 1A to Regulation (EC) No 2555/2001 is amended as follows:

1) The entry concerning the species Sprat in zone "IIIbcd (EC waters)" is replaced by the following:

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2) The following entry is added:

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ANNEX II

In Annex 1B to Regulation (EC) No 2555/2001, the entries concerning the species Sandeel in zone "IIa, North Sea", the species Plaice in zones "Skagerrak", "Kattegat" and zone "IIa (EC waters), North Sea" are replaced by the following:

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ANNEX III

Annex 1D to Regulation (EC) No 2555/2001 the entries concerning the species Herring in zone "VIIg,h,j,k ", the species Anchovy in zone "IX, X, CECAF 34.1.1 (Community waters)" and the species Common sole in zone "VIIIa,b" are replaced by the following:

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ANNEX IV

In Annex 1E to Regulation (EC) No 2555/2001, the entries concerning the species Northern prawn in zone "NAFO 3M" and the species Greenland halibut in zone "NAFO 3LMNO" are replaced by the following:

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ANNEX V

Annex 1F to Regulation (EC) No 2555/2001 is amended as follows:

1) The entries concerning the species Bluefin tuna in zone "Atlantic Ocean", East of longitude 45 W, and Mediterranean", the species swordfish in zones "Atlantic Ocean, north of latitude 5 N" and "Atlantic Ocean, south of latitude 5 N" and the species Northern Albacore in zone "Atlantic Ocean , north of latitude 5°N" are replaced by the following:

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2) The following entries concerning the species Blue marlin and White marlin in zone "Atlantic Ocean" are inserted:

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