EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 20.5.2015  
COM(2015) 212 final  
2015/0108 (NLE)  
  
Proposal for a  
COUNCIL REGULATION  
amending Regulation (EU) No 2015/104 as regards certain fishing opportunities   
EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL  
Council Regulation (EU) No 2015/104 fixed 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 s everal times during the 
period in which they are in effect.  
2. RESULTS  OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENTS  
The imposition of catch limits for particular types of fishing gear and the use of a closed area 
has been extensivel y discussed with Member States. Member States were asked to identify 
specific sea bass fisheries and to identify how they could reduce the catches of sea bass and 
reduce mortality in their respective fisheries.  
In response FR and UK identified a range of catch limits and their effects on various metiers 
active in the sea bass fishery.  
3. LEGAL  ELEMENTS  OF THE  PROPOSAL  
The proposed amendments seek to modify Regulation (EU) No. 104/2015 as described below.  
In June 2014, the International Council for the Expl oration of the Sea (ICES) released 
scientific advice on this stock, which has been in rapid decline since 2012. Furthermore, the 
Scientific, Technical and Economic Committee for Fisherires (STECF) considered that in 
general current national measures for th e protection of sea bass have proved ineffective. Sea 
bass is a late maturing and slow growing species. The fishing mortality on this stock is 
currently four times higher than the level which would ensure maximum sustainable yield 
(MSY). The stock of sea b ass in the Celtic Sea, Channel, Irish Sea and southern North Sea, 
(ICES divisions IVb, c and VIIa, d -h) remains in a critical condition; it is necessary to reduce 
catches of this stock as far as possible to foster and protect any recruitment.  
Emergency mea sures based on Article 12 of Regulation (EU) No. 1380/2013 of the European 
Parliament and of the Council on the Common Fisheries Policy have already been enacted in 
January 2015 to implement urgent protection for spawning aggregations. This regulation 
provides temporay protection; the Commission has been clear that the emergency measures is 
the first of three parts of the mangement response needed in 2015 and that it has been working 
with Member States to develop these further. The first amendment of Regula tion (EU) No. 
104/2015 fising the fishing opportunities has already been adopted to introduce catch limits 
for recreational anglers and this represents the second part of the management response on sea 
bass.  
This proposal represents the third part of meas ures which has been discussed with the 
Member States with fishing interests in the stock. These are the introduction of monthly catch 
limits for particular metiers and a prohibition which underpins the conservation actions 
already taken by Ireland, as Iris h national legislation prevents the commercial exploitation of 
sea bass by Irish vessels. Introducing a comparable prohibition and widening it to all EU 
vessels active in the area would be beneficial to the stock; avoiding the development of 
further target ed fisheries and preventing displacement into this area. It is therefore proposed 
to introduce a prohibition into ICES divisions VIIa-c,g,j-k, with some permitted fishing inside 
the UK territorial sea to accommodate small scale fleets. Fishing should also be reduced in 
ICES divisions IVb,c and VIId,e,f,h by imposing monthly catch limits.  
EN 3   EN Sea bass are caught in a range of incidental and targeted fisheries. It is considered that a 
limitation of catches will primarily impact on those fisheries which target sea  bass, allowing 
fishermen to adapt fishing behaviours to reduce catches. The catch limits have been chosen in 
order to allow for incidental catches to be landed.  
EN 4   EN 2015/0108 (NLE)  
Proposal for a  
COUNCIL REGULATION  
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) In June 2014, the International Council for the Exploration of the Sea (ICES) released 
scientific advice on the stock on sea bass in the North Eas t Atlantic, and confirmed 
that this stock has been in rapid decline since 2012.  Furthermore, the Scientific, 
Technical and Economic Committee for Fisheries (STECF) has evaluated the 
protection of sea bass by national measures in place and, in general, has  deemed those 
measures ineffective. Sea bass is a late maturing and slow growing species. The 
fishing mortality on sea bass in the North East Atlantic is currently four times higher 
than the level which would ensure maximum sustainable yield (MSY).  
(2) By Implementing Regulation (EU) 2015/1111, based on Article 12 of Regulation (EU) 
No 1380/2013 of the European Parliament and of the Council2 the Commission has 
adopted urgent measures to reduce the fishing mortality caused by pelagic vessels 
targeting spawning aggregations of sea bass.  
(3) Council Regulation (EU) 2015/1043 has been amended by Council Regulation (EU) 
2015/5234, with the aim to reduce the impact on fishing mortality from recreational 
fisheries.  
(4) Further reduction of catches is necessary and therefore, catches of targeting fisheries 
should be reduced by the imposition of monthly catch limits in ICES divisions IVb 
and IVc, as we ll as VIId, VIIe, VIIf and VIIh. Monthly catch limits should also apply 
in the UK territorial sea in ICES divisions VIIa and VIIg. That measure should allow 
to fishermen to adapt current fishing behaviour to avoid sea bass, while being allowed 
to retain a level of incidental by -catch.  
                                                 
1 Commission Implementing Regulation (EU) 2015/111 of 26 January 2015 establishing measures to 
alleviate a serious threat to the conservation of the sea bass (Dicentrarchus labrax) stoc k in the Celtic 
Sea, Channel, Irish Sea and southern North Sea (OJ L 20, 27.1.2015, p. 31).  
2 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on 
the Common Fisheries Policy, amending Council Regulations (EC) N o 1954/2003 and (EC) No 
1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council 
Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).  
3 Council Regulation (EU) 2015/104 of 19 January 2015 fixing for 2015 the fishing opp ortunities for 
certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in 
certain non -Union waters, amending Regulation (EU) No 43/2014 and repealing Regulation (EU) No 
779/2014 (OJ L 22, 28.1.2015, p. 1).  
4 Counci l Regulation (EU) 2015/523 of 25 March 2015 amending Regulations (EU) No 43/2014 and 
(EU) 2015/104 as regards certain fishing opportunities (OJ L 84, 28.3.2015, p. 1).  
EN 5   EN (5) The conservation actions taken by Ireland should be maintained and extended to cover 
all Union vessels active in ICES divisions VIIb, VIIc, VIIj and VIIk. These actions 
should also apply in the ICES divisions VIIa and VIIg , except  the waters within 12 
nautical miles from baseline under the soverignity of the United Kingdom .  
(6) Catches of sea bass should be monitored on a monthly basis through collection of data 
from the Member States.  
(7) Regulation (EU) 2015/104 should t herefore be amended accordingly.  
(8) For reasons of urgency, this Regulation should enter into force on the day following 
that of its publication,  
HAS ADOPTED THIS REGULATION:  
Article 1  
 
In Regulation (EU) 2015/104, the following Article 9a is inserted:  
"Article 9a  
 
Measures concerning sea bass  
1. It shall be prohibited for Union vessels to fish, retain on board, relocate, 
tranship or land quantities exceeding the limits set out in paragraph 2 of sea 
bass caught in the following areas:  
(a) ICES divisions I Vb, IVc, VIId, VIIe VIIf and VIIh;   
(b) waters within 12 nautical miles from baseline under the soverignity of 
the United Kingdom in ICES divisions VIIa and VIIg.  
2. For the purposes of paragraph 1, the following catch limits shall apply:  
Gear type  Maximum catch of sea bass permitted 
per vessel per calendar month (in kg)  
OTM or PTM, Mid water or pelagic 
trawls  1 500  
OTB,  all types of demersal trawls 
including Danish / Scottish seines  1 500  
All GN, all drift net and fixed (trammel)  
net fisheries  1 000  
All LL, all long lines or pole and line 
fisheries  1 000  
purse seines  3 000  
3. For Union vessels using more than one gear in a single  calendar month the 
lowest catch limit set in paragraph 2 for either gear shall apply.  
4. The catch limits set in paragraph 2 shall not be transferable  from one month to 
another and between vessels . 
EN 6   EN 5. It shall be prohibited for Union vessels to retain on board, tranship, relocate or 
land sea bass caught in ICES divisions VIIb, VIIc, VIIj and VIIk , as well as in 
the w aters of ICES divisions VIIa and VIIg that are outside 12 nautical miles from 
baseline under the soverignity of the United Kingdom.  
6. Member States shall report to the Commission catches of sea bass per vessel 
indicating the gear type used not later than 14 days after the end of each month.  
Article 2  
This Regulation shall enter into force on the 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 al l Member States.  
Done at Brussels,  
 For the Council  
 The President