Proposal for a COUNCIL REGULATION amending Regulation (EC) No 2341/2002 as regards fishing opportunities for anchovy and anglerfish in certain zones

(presented by the Commission)

EXPLANATORY MEMORANDUM

In Council Regulation (EEC) No 2341/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy [1], it is stated that the total allowable catch (TAC) of anchovy for ICES Sub-area VIII would be reviewed in the light of new scientific advice. The Commission has received new advice from the meeting of an Ad hoc Working group, within the framework of the Commission's Scientific, Technical and Economic Committee for Fisheries, on "In-season assessment of anchovy in the Bay of Biscay" that met from 7 to 11 July in Pasaia, Gipuzkoa (Spain). The scientific advice is based on new information that indicates that previous concerns about the low state of the anchovy stock are confirmed by recent scientific surveys and that a catch level of 11 000 tonnes is appropriate to avoid an increase in fishing mortality during 2003. The Commission therefore proposes to adapt the TAC in line with scientific advice.

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

New information from the scientific surveys and the fishing industry have indicated a higher than expected abundance of the anglerfish stocks in ICES Sub-area VII and Divisions VIIIa,b,d,e. Based on new advice from ICES, the Commission proposes to adapt the TAC in line with new scientific advice. The increase in TAC is considered desirable to reduce the incidence of discarding of anglerfish while they are caught in mixed fisheries with hake, sole and megrim. In accordance with advice, the increase is moderate in order to avoid targeted catching of small anglerfish and to avoid increasing effort in an area where other vulnerable fish stocks are distributed.

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 2341/2002 as regards fishing opportunities for anchovy and anglerfish in certain zones

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the 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 [4], 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.

[4] OJ L 356, 31.12.2002, p. 12. Regulation as last amended by Commission Regulation (EC) No 1407/2003 (OJ L 201, 8.8.2003, p. 3.)

(2) The total allowable catch (TAC) for anchovy in the International Council for the Exploration of the Sea (ICES) Sub-area VIII should be set to 11 000 tonnes for the whole year 2003 taking into account new scientific advice received from a Report of the meeting of an Ad hoc Working group, within the framework of the Commission's Scientific, Technical and Economic Committee for Fisheries, on "In-season assessment of anchovy in the Bay of Biscay" that met from 7 to 11 July 2003. However, the reduction of the TAC should not lead to the result that catches legally taken before the entry into force of the present Regulation are liable to quota deductions under Article 23 (1) of Council Regulation (EEC) No 2847/93 [5], Article 5 of Council Regulation (EC) No 847/96 [6] or Article 23 of Council Regulation (EC) No 2371/2002.

[5] OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 212, 16.5.2003, p. 1)

[6] OJ 115, 9.5.1996, p. 3 .

(3) The TAC for anglerfish in ICES Sub-area VII and Divisions VIII a,b,d,e should be set to 17 138 tonnes and 3862 tonnes respectively for the whole year 2003 taking into account new scientific advice from ICES.

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex ID to Regulation (EC) No 2341/2002 is amended in accordance with the Annex to this Regulation.

Article 2

Article 23 (1) of Regulation (EEC) No 2847/93, Article 5 of Regulation (EC) No 847/96 and Article 23 of Regulation (EC) No 2371/2002 shall not apply to catches of anchovy taken in Zone VIII before the entry into force of this Regulation which are in excess of the quota determined in Annex ID to Regulation (EC) No 2341/2002 as amended by this Regulation.

Article 3

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

In Annex ID to Regulation (EC) No 2341/2002, the entries concerning the species Anchovy in zone "VIII" and the species Anglerfish in zones "VII" and "VIIIa, b, d, e" are replaced by the following:

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