Amended proposal for a Council Regulation establishing measures for the recovery of cod and hake stocks (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2002-12-20
Institutions: European Commission
Subjects: catch quota, conservation of fish stocks, fishery management, fishing grounds, fishing regulations, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 20.12.2002
COM(2002) 773 final

2001/0299 (CNS)

Amended proposal for a

COUNCIL REGULATION

establishing measures for the recovery of cod and hake stocks

(presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

EXPLANATORY MEMORANDUM

Following  recent  scientific  advice  from  the  International  Council  for  the  Exploration  of  the
Sea  (ICES)  and  the  Commission’s  Scientific,  Technical  and  Economic  Committee  for
Fisheries (STECF), the Commission considers that it is necessary to amend its proposal for a
Council Regulation establishing measures for the recovery of cod and hake stocks.

These amendments concern:

i.          adaptation of the targets for recovery

In  the  light  of  recent  ICES  discussions,  the  target  value  for  recovery  of  the  Northern  Hake
stock has been revised to 143,000 tonnes (Article 1);

ii.         adaptation of the procedure for setting total allowable catches

It is now proposed that the normal recovery strategy should apply when the stocks concerned
have  quantities  of  mature  fish  exceeding  the  limit  biomass  values  identified  by  scientific
advice (now  fixed in new Article 4). Stocks whose adult populations are below those levels
are subject to low levels of fishing mortality identified in new Article 5;

iii.        revision of the system for fishing effort limitation

A  simplified  system  of  fishing  effort  controls  is  now  proposed  in  Articles  6  to  12.  These
proposals  replace  Articles  4  to  8  and  Annexes  I  and  II  of  the  previous  proposal.  They  lay
down the data to be collected by Member State and a method of allocation of fishing effort.
This system would impose a standardised reduction of fishing effort on each segment of the
fleet which catches the fish stock concerned. The values are identified for 2003, and will be
adjusted in subsequent years in accordance with scientific advice (see Article 10).

iv.        modification of control provisions

The previous proposals concerning the use of VMS (former Article 10) have been removed,
as  they  will  be  addressed  in  the  new  Framework  Regulation  to  be  adopted  as  part  of  CFP
reform.

v.         removal of structural measure proposals

These proposals (former Chapter IV) have also been removed as they will be addressed in the
general CFP reform debate.

2

2001/0299 (CNS)

Amended proposal for a

COUNCIL REGULATION

establishing measures for the recovery of cod and hake stocks

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article 37 thereof,

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Parliament2,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Recent scientific advice from the International Council for the Exploration of the Sea
(ICES)has  indicated  that  a  number  of  fish  stocks  in  Community  waters  have  been
subjected to levels of mortality by fishing which have eroded the quantities of mature
fish in the sea to the point at which the stocks may not be able to replenish themselves
by reproduction and that these stocks are therefore threatened with collapse.

Among those stocks are cod in the Kattegat, the North Sea, Skagerrak and the Eastern
Channel, to the west of Scotland and in the Irish Sea and hake in waters of the Bay of
Biscay,  around  Ireland,  the  Channel,  to  the  West  of  Scotland,  the  North  Sea,  the
Skaggerak and the Kattegat

Scientific advice provided in 2002 by the ICES indicated that the quantities of mature
fish  in  those  cod  stocks  have  reached  levels  at  which  replenishment  of  stocks  by
reproduction is severely imperilled.

Measures need to be taken to establish multi-annual programmes for the  recovery of
those cod and hake stocks.

Accordingly  exceptional  measures  are  required  for  2003  for  the  severely  imperilled
stocks of cod.

The  objectives  of  any  programmes  concerning  such  measures  should  be  defined  so
that it can be determined when the measures may be terminated.

In  order  to  achieve  those  objectives,  the  levels  of  fishing  mortality  rates  need  to  be
controlled so that it is highly likely that the quantities of mature fish in the sea increase
from year to year.

1

2

OJ C , , p. .
OJ C , , p. .

3

                                                
(8)

(9)

(10)

(11)

Such control of fishing mortality rates can be achieved by establishing an appropriate
method for the  establishment of the  level of the Total Allowable  Catches  (TACs)  of
the  fish  stocks  concerned,  and  a  system  whereby  fishing  effort  on  those  stocks  is
constrained to levels so that the TACs are unlikely to be exceeded.

Control  measures  in  addition  to  those  laid  down  in  Council  Regulation  (EEC)  No
2847/93 of 12 October 1993 establishing a control system applicable to the common
fisheries  policy3,  as  last  amended  by  Regulation  (EC)  No  2846/984  are  required  to
ensure compliance with the measures laid down in this Regulation.

To ensure a planned uptake of fish from the stocks concerned, producer organisations
should draw up detailed catch plans.

To reduce fishing on dense accumulations of juvenile fish of the threatened stocks, a
system  for  the  rapid  closure  to  fishing  of  areas  of  limited  geographical  extent  and
temporal duration needs to be established,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

The  purpose  of  this  Regulation  is  to  establish  a  recovery  programme  for  the
concerned  fish  stocks  listed  in  the  table  in  this  paragraph,  in  order  to  increase  the
quantities of mature fish in tonnes to values equal to or greater than the target levels
specified in the table for each stock

Concerned fish stocks

Cod in the Kattegat

Cod in the North Sea, Skagerrak and Eastern Channel

Cod to the west of Scotland

Cod in the Irish Sea

Hake – northern area

Target Levels

10 500

150 000

22 000

10 000

143 000

Where the Commission finds, on the basis of advice from International Council for
the  Exploration  of  the  Sea  (ICES)  and  following  agreement  on  that  advice  by
Scientific  Technical  and  Economic  Committee  for  Fisheries(STECF),  that  for  two

OJ L 261, 20.10.1993, p.1
OJ L 358, 31.12.1998, p.5

4

1.

2.

3

4

                                                
consecutive  years the target level  for any concerned fish stock listed in the table in
paragraph  1  has  been  reached,  the  Council  shall  decide  on  a  proposal  from  the
Commission to remove such stock from the scope of this Regulation.

3.

This  Regulation  shall  apply  to  fishing  vessels  flying  the  flag  of  or  registered  in  a
Member State.

However, Chapter I  and Chapters  IV and VI shall apply to all other fishing vessels
operating in waters under the sovereignty or jurisdiction of a Member State.

For  the  purposes  of  this  Regulation,  the  following  definitions  of  geographical  areas  shall
apply:

Article 2

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Kattegat”  means  that  part  of  ICES  Division  IIIa  bounded  on  the  north  by  a  line
drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to
the  nearest  point  on  the  Swedish  coast  and  on  the  south  by  a  line  drawn  from
Hasenore to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved
to Kullen;

“North  Sea”  means  ICES  Sub-area  IV  and  that  part  of  ICES  Division  IIIa  not
covered by the Skagerrak and that part of ICES Division IIa which lies within waters
under the sovereignty or jurisdiction of Member States;

“Skagerrak”  means  that  part  of  ICES  Division  IIIa  bounded  on  the  west  by  a  line
drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south
by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this
point to the nearest point on the Swedish coast;

“Eastern Channel” means ICES Division VIId;

“Irish Sea” means ICES Division VIIa;

“West  of  Scotland”  means  ICES  Division  VIa  and  that  part  of  ICES  Division  Vb
which lies within waters under the sovereignty or jurisdiction of Member States;

“Northern  area”  means  the  Kattegat,  the  Skagerrak,  the  North  Sea,  the  Eastern
Channel, the West of Scotland, the Irish Sea, ICES Sub-area VII and ICES Divisions
VIIIabde.

5

CHAPTER II

SELECTION OF TOTAL ALLOWABLE CATCHES

Article 3

Article  4  shall  apply  where,  for  any  of  the  concerned  fish  stocks  listed  in  Article  1(1),  the
quantities of mature fish have been estimated by the STECF to be equal to or above the values
in  tonnes  referred  to  in  the  table  in  this  paragraph,  in  the  light  of  the  most  recent  report  of
ICES

Concerned fish stock

Cod in the Kattegat

Cod in the North Sea, Skagerrak and Eastern Channel

Cod to the West of Scotland

Cod in the Irish Sea

Hake –Northern area

Tonnes

6 400

60 000

14 000

6 000

103 000

1.

2

3.

4.

Article 4

Each  year,  following  receipt  of  a  scientific  evaluation  from  the  STECF,  and  in  the
light of the most recent report of the ICES , the Council shall decide on the basis of a
proposal from the Commission on a Total Allowable Catch (TAC )for the following
year for each of the concerned fish stocks listed in Article 1 (1)..

The TACs provided for in paragraph 1 shall not exceed a level for which a scientific
evaluation the STECF and by the ICES has indicated that their application will result
in an increase in the quantities of mature fish in the sea at the end of the year of their
application compared to the quantities estimated to have been in the sea at the start of
that year, of:

(a)

a 30% increase in the case of the stocks of cod; and

(b)

a 10% increase in the case of the hake stock

In  the  event  that  the  rule  provided  for  in  paragraph  2  would  lead  to  a  TAC  which
exceeds  the  TAC  of  the  current  year  by  more  than  30%,  the  Council  shall  adopt  a
TAC which shall not be more than 30% greater than the TAC of the current year.

In the event that the rule provided for in paragraph 2 would lead to a TAC which is
more than 30% less than the TAC of the current year, the Council shall adopt a TAC
which is not more than 30% less than the TAC of the current year.

6

5.

The Council shall not adopt a TAC whose capture is predicted by the STECF, in the
light  of  the  most  recent  report  of  the  ICES,  to  generate  in  its  year  of  application  a
fishing mortality rate greater than the values set out in the table in this paragraph.

Concerned fish stock

Cod in the Kattegat

Cod in the North Sea, Skagerrak and Eastern Channel

Cod to the West of Scotland

Cod in the Irish Sea

Hake –Northern area

Fishing mortality rate

0,60

0,65

0,60

0,72

0,24

Article 5

Where  the  quantities  of  mature  fish  of  any  of  the  concerned  fish  stocks  listed  in
Article 1(1) have been estimated by the STECF, in the light of the most recent report
of the ICES, to be less than the quantities set out in the table in Article 3, the TAC for
such fish stock shall be set in accordance with the level of fishing mortality rate set out
in the table in this article.

Concerned fish stock

Cod in the Kattegat

Cod in the North Sea, Skagerrak and the Eastern Channel

Cod to the West of Scotland

Cod in the Irish Sea

Hake –Northern area

Fishing mortality rate

0.23

0.22

0.16

0.26

0.06

7

CHAPTER III

FISHING EFFORT LIMITATION

Article 6

1.

2.

3.

1.

2.

3.

For 2003, the Council shall decide on the basis of a proposal from the Commission
on the maximum permissible level of kilowatt-days for groups of fishing vessels of
each Member State, fishing for the concerned fish stocks listed in Article 1(1)in the
forthcoming year and calculated in accordance with Articles 8,9 and 10.

For subsequent  years,  the  maximum  permissible  level  of  kilowatt-days  as  provided
for  in  paragraph  1  shall  be  decided  in  accordance  with  the  procedure  laid  down  in
Article 18 of Council Regulation (EEC) No 3760/925.

Member States shall ensure that the maximum permissible level of kilowatt-days are
not exceeded during the year to which they apply.

Article 7

Each Member State shall establish a data base containing the information referred to
in paragraph 3 before:

(a)

(b)

31 January 2003, in respect of the three-year reference period 1999, 2000 and
2001;

1  July  2003  and  every  subsequent  year  in  respect  of  the  three-year  reference
period immediately prior to that year.

The data base shall be provided in written form and in computer-accessible form to
the  Commission  by  31  January  2003at  the  latest  in  respect  of  the  reference  period
provided for in point (a) and before 15 July of the year concerned in respect of the
reference periods provided for in point (b)

The  data  base  shall  contain  for  each  vessel  flying  the  flag  of  the  Member  State
concerned  and  registered  within  the  Community  which  has  landed  any  quantity  of
cod and/or hake during any of the reference years to which the data base refers:

(a)

a definition of the geographical area in which the landings were caught;

(b)

a definition of the year in which those landings were caught;

(c)

the internal registration number of the vessel;

(d)

the  installed  engine  power  of  the  vessel  in  kilowatts  measured  in  accordance
with Regulation (EEC) No 2930/86;

5

OJ L 389, 31.12.1992, p 1

8

                                                
(e)

the number of days spent at sea;

(f)

(g)

the  annual  quantity  landed  in  tonnes  of  each  of  the  species  cod,  haddock,
whiting, plaice, sole, Norway lobster, hake, megrim and anglerfish.

the annual landings in tonnes of sandeels and the annual landing in tonnes of
Norway pout for each vessel which has landed during any year of the reference
period  from  the  geographical  area  concerned  any  quantity  of  sandeel  and/or
Norway pout, irrespective of whether such vessel has landed cod and/or hake

Article 8

For  each  of  the  geographical  areas  referred  to  in  Article  2  and  for  each  vessel
included in the data base provided for in Article 7, the following quantities shall be
computed by each Member State:

(a)

the  average  annual  landings  during  the  reference  period  of  each  species
referred to in Article 7(3)(f)

(b)

the average number of days spent at sea

(c)

(d)

the kilowatt- days as product of the average days spent at sea and the installed
engine power in kilowatts

the sum of the average quantity landed, as computed under point (a) of each of
the following species or groups of species:

(i)

cod, haddock, whiting;

(ii)

plaice, sole;

(iii) Norway lobster;

(iv) hake;

(v) megrim, anglerfish;

(vi)

sandeel, Norway pout;

(e)

the proportion of the total of the average landings of each species referred to in
points f and g of Article 7 (3) represented by each of the species or groups of
species referred to in paragraph (d).

Article 9

1.

2.

Each vessel included in the data base shall be assigned to a segment. The segments
shall correspond to the species or groups of species referred to in point (d) of Article
8.

A  vessel  shall  be  assigned  to  the  Norway  lobster  segment  where  the  proportion  of
Norway lobster in its landings exceeds 30% of its landings and the installed engine
power of that vessel is equal to or less than 221 kilowatts.

9

3.

1.

Where  the  conditions  provided  for  in  paragraph  2  are  not  met,  a  vessel  shall  be
assigned to the segment corresponding to the species or group of species referred to
in  point  (d)  of  Article  8  which  comprises  the  largest  proportion  of  its  landings  as
computed under the conditions provided for in point (e) of Article 8.

Article 10

For  each  vessel  within  each  segment  to  which  the  vessel  has  been  assigned  in
accordance  with  Article  9(2)  and  (3),  and  for  each  geographical  area,  a  number  of
kilowatt-days shall be computed by each Member State as follows:

(a)

(b)

for 2003, as the kilowatt-days calculated in accordance with point (c) of Article
8 multiplied by the multipliers set out in paragraph 2;

for subsequent years, as the kilowatt-days calculated in accordance with point
(d) of Article 8 multiplied by the multipliers set out in paragraph 3

2.

(a) For 2003, the set of multipliers in the table in this paragraph shall apply.

Segment

Geographical area

Multiplier

Cod, haddock, whiting Kattegat

Plaice, sole

Norway lobster

Hake

North Sea, Skagerrak, Eastern Channel
West Scotland
Irish Sea
Northern area except Kattegat, Skagerrak,
North Sea, Eastern Channel,
West Scotland and Irish Sea
Kattegat
North Sea, Skagerrak, Eastern Channel
West Scotland
Irish Sea
Northern area except Kattegat, Skagerrak,
North Sea,Eastern Channel,
West Scotland and Irish Sea
Kattegat
North Sea, Skagerrak, Eastern Channel
West Scotland
Irish Sea
Northern area except Kattegat, Skagerrak,
North Sea, Eastern Channel,
West Scotland and Irish Sea
Kattegat
North Sea, Skagerrak, Eastern Channel
West Scotland
Irish Sea
Northern area except Kattegat, Skagerrak,
North Sea, Eastern Channel,
West Scotland and Irish Sea

10

0,20
0,20
0.20
0.20

0.64
0.60
0.60
0.60
0.60

0.60
0.95
0.95
0.95
0.95

0.95
0.64
0.64
0.64
0.64

0.64

Megrim, anglerfish

Kattegat
North Sea, Skagerrak, Eastern Channel
West Scotland
Irish Sea
Northern area except Kattegat, Skagerrak,
North Sea, Eastern Channel,
West Scotland and Irish Sea

Sandeel, Norway pout Kattegat

North Sea, Skagerrak, Eastern Channel
West Scotland
Irish Sea
Northern area except Kattegat, Skagerrak,
North Sea, Eastern Channel,
West Scotland and Irish Sea

0.90
0.90
0.90
0.90

0.90
0.90
0.90
0.90
0.90

0.90

3.

4.

1.

2.

For each  year  commencing after  31  December  2003,  the  set  of  multipliers  shall  be
decided  in  accordance  with  the  procedure  laid  down  in  Article  18  of  Regulation
(EEC) No 3760/92 and in the light of the most recent reports of the STECF and/or
the ICES.

The sum for all vessels within each segment and within each geographical area of the
modified  kilowatt-days  computed  under  paragraph  (1)  shall  be  calculated  by  each
Member  State  which  is  the  maximum  permissible  quantity  of  kilowatt  days  to  be
expended in each area in the following year as provided for in Article 6.

Article 11

Each  Member  State  shall  decide  for  vessels  flying  its  flag  or  registered  in  the
Community  on  the  distribution  of  the  maximum  permissible  kilowatt-days  among
vessels within each of the segments.

The  transfer  of  kilowatt-days  among  segments  or  geographical  areas  shall  be
prohibited.

Article 12

A vessel which has not been assigned to one of the segments referred to in Article 9(1,) shall
be prohibited from landing or transhipping cod and/or hake caught in the geographical areas
referred to in Article 10 (2)

11

CHAPTER IV

MONITORING, INSPECTION AND SURVEILLANCE

Article 13

Title IIA of Regulation (EEC) No 2847/93 shall apply to the vessels assigned to each of the
segments referred to in Article 10(2) in  accordance with Article  9(2) operating  in  the  zones
listed in the Annex.

Article 14

1.

Where a fishing vessel exceeding 10 metres in length overall enters or exits any of
the  geographical  areas  set  out  in  paragraph  2,  its  master  or  his  representative  shall
communicate  simultaneously  to  the  flag  Member  State  and  the  coastal  Member
States responsible for monitoring the geographical area where the vessels is to carry
out  or  has  carried  out  its  fishing  activities  in  waters  under  the  sovereignty  or
jurisdiction of those Member States:

(a)

the name of the vessel;

(b)

the name of the master;

(c)

the geographical location of the vessel;

(d)

the date and time of:

(i)

each entry into, and exit from, a port located inside the geographical area;

(ii)

each entry into an area a geographical area;

(ii)

each exit from an area a geographical area.

2.

For the purposes of paragraph 1, the following geographical areas are defined:

(a)

The area enclosed by:

(i)

the coast of Ireland to the south of 53°30’N and to the west of 07°00’W,
and

(ii)

straight lines sequentially joining the following geographical coordinates;

A point on the west coast of Ireland at 53°30’N

53°30’N, 12°00’W

53°00’N, 12°00’W

51°00’N, 11°00’W

49°30’N, 11°00’W

49°00’N, 07°00’W

12

A point on the south coast of Ireland at 07°00’W;

(b) The area enclosed by:

(i)

the west coast of France between 48°00’N and 44°00’N and

(ii)

straight lines sequentially joining the following geographical coordinates;

A point on the west coast of France at 48°00’N

48°00’N, 07°00’W

45°00’N, 02°00’W

44°00’N, 02°00’W

A point on the west coast of France at 44°00’N

3.

The following fishing vessels shall be exempted from the obligation provided for in
paragraph 1:

(a)

(b)

vessels  which  are  subject  to  Vessel  Monitoring  System  (VMS)  and  which
transmit data via VMS pursuant to paragraphs 1 and 2

vessels  which enter  any  of  the  areas defined in paragraph  2  from  any  port  or
other location on

(i)

that part of the coast of Ireland defined in paragraph 2(a)(i); or

(ii)

that part of the coast of France defined in paragraph 2(b)(i); and

(iii) which  remain  within  that  area  during  the  course  of  any  current  fishing

voyage.

The master of the fishing vessel shall record the information referred to in paragraph
1 and the time of transmission of such a communication in the logbook.

Article 15

The master of a fishing vessel, or his representative, who wishes to land more than
250 kg of hake or more than one tonne of cod in any Member State shall inform, at
least  four  hours  in  advance  of  landing,  the  competent  authorities  of  that  Member
State of:

(a)

the landing location;

(b)

the estimated time of arrival at that location;

(c)

the quantities of hake or cod retained on board;

(d)

the quantities of hake or cod to be landed.

The competent authorities of a Member State in which a landing of more than 250 kg
of hake or more than one tonne of cod is to be made, may require that the discharge
of catch retained on board does not commence until authorised by those authorities.

13

4.

1.

2.

1.

2.

3.

1.

2.

1.

2.

Article 16

Where  more than 500 kg of hake or more than two tonnes of cod  are  to  be  landed
from  a  fishing  vessel,  the  master  of  the  vessel  shall  ensure  that  such  landings  are
made only at designated ports.

Each Member State shall designate ports into which any landing of hake in excess of
500 kg or of cod in excess of two tonnes shall take place.

Each Member State shall transmit to the Commission within 15 days of the date of
entry  into  force  of  this  Regulation  the  list  of  designated  ports  and,  within  30  days
thereafter, associated inspection and surveillance procedures including the terms and
conditions  for  recording  and  reporting  the  quantities  of  hake  or  cod  within  each
landing. The Commission shall transmit this information to all Member States.

Article 17

The retention on  board a fishing  vessel  in  any  individual  box  or  other  container  of
any  quantity  of  the  species  listed  in  Article  1(1)  mixed  with  any  other  species  of
marine organism, shall be prohibited.

The masters of the fishing vessels shall provide the necessary assistance to inspectors
of Member States to enable the quantities declared in the logbook and the catches of
species  listed  in  Article  1(1)  retained  on  board  to  be  cross-checked  for  verification
purposes.

Article 18

The  competent  authorities  of  a  Member  State  may  require  that  any  quantity  of  the
species  listed  in  Article  1(1)  first  landed  in  that  Member  State  is  weighed  before
being transported elsewhere from the port of first landing..

By  way  of  derogation  from  the  conditions  laid  down  in  Article  13  of  Council
Regulation  (EEC)  No  2847/93,  all  quantities  of  the  species  listed  in  Article  1(1)
which are transported to a place other than the place of first landing or import shall
be accompanied by a copy of one of the declarations provided for in Article 8(1) of
that  Regulation  pertaining  to  the  quantities  of  those  species  transported.  The
exemption provided for in Article 13(4)(b) of that Regulation shall not apply.

Article 19

By  way  of  derogation  from  Article  34c(1)  of  Regulation  (EEC)  N°  2847/93,  the  specific
monitoring  programmes  for  the  concerned  fish  stocks  referred  to  in  Article  1  (1),  may  last
more than two years from their date of entry into force.

14

CHAPTER V

MARKET MEASURES

Article 20

By  way  of  derogation  from  the  first  indent  of  Article  9(1)(b)  of  Regulation  (EC)  No
104/20006,  each  producer  organisation  shall  draw  up  a  detailed  catch  plan  for  the  species
referred  to  in  Article  1(1),  even  if  those  species  do  not  represent  a  significant  share  of  the
landings of its members.

CHAPTER VI

ESTABLISHMENT OF TEMPORARILY CLOSED AREAS

1.

2.

3.

Article 21

Where  a  Member  State  becomes  aware  that  dense  accumulations  of  juvenile  fish
from any of the concerned fish stocks referred to in Article 1(1) are being fished in
waters  under  its  sovereignty  or  jurisdiction,  that  Member  State  may  request  the
Commission to take urgent measures to prevent such fishing.

Member States may make a joint request to the Commission when they consider that
measures applying to the waters under the sovereignty or jurisdiction of all of these
Member States are required.

Within  five  working  days  of  its  receipt,  the  Commission  shall  decide  whether  to
accept or reject the request provided for in paragraph 1.

In  the  case  of  acceptance,  the  Commission  shall  immediately  take  the  necessary
measures.  The  Commission  shall  immediately  inform  the  Member  States  and  the
third countries whose vessels are entitled to fish in the waters under the sovereignty
or  jurisdiction  of  the  Member  State  or  Member  States  concerned  of  any  such
measures taken.

The measures referred to in paragraph 2, shall comprise a prohibition on fishing with
named fishing gears within a specified geographical area. Such measures shall have a
maximum duration of 60 days and shall apply to a geographical area not exceeding 4
000 square nautical miles.

Each  request  by  a  Member  State(s)  under  Article  21(1)  shall  be  accompanied  by
documentation containing the following information:

Article 22

6

OJ L 17, 21.01.2000, p.22

15

                                                
(a)

the source of information which lead to the request;

(b)

the procedure by which the information was verified;

(c)

an estimate of the quantities by weight  and/or number  of juvenile  fish caught
per day;

(d)

the fishing methods used to take the catches referred to in point (c);

(e)

(f)

the geographical of the area within which the catches referred to in point (c) are
being taken;

the  geographical  coordinates  of  the  area  for  prohibition  of  fishing  considered
desirable by the Member State(s);

(g)

the duration of the prohibition of fishing considered desirable;

(h)

the name and contact address of the official or officials responsible for liaison
with the Commission.

Article 23

The measures referred to in Article 21(2) shall not apply to fishing vessels flying the flag of
or registered in a Member State which fish:

(a)

for no more than 5 days;

(b) with a specific authorisation of the Member State or Member States in whose

waters they are fishing;

(c)

in the presence of at least one fishery inspector of the flag Member State and/or
of the Commission.

The fishery inspectors shall record the quantities of juvenile fish caught by each deployment
of the fishing gears concerned.

Article 24

A  Member  State  may  request  the  Commission  to  withdraw  or  amend  any  measures  taken
under Article 21(2)on the basis of any information collected in accordance with Article 22 or
any other relevant information.

The Commission shall accept or reject such a request within five working days of its receipt.

16

CHAPTER VII

FINAL PROVISIONS

Article 25

This Regulation shall enter into force on the seventh 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 to all Member States.

Done at Brussels,

For the Council
The President

17

Annex

Effort Zones

IIIa, IV, Vb, VIa, VII, VIIIabde (defined in this regulation as the Northern area)

Of which:

IIIa(Kattegat)

IV, IIa (North Sea), IIIa (Skagerrak) and VIId (eastern Channel)

Vb, and VIa (West Scotland)

VIIa (Irish Sea)

Other areas within the northern area

18