Proposal for a Council Regulation establishing measures for the recovery of cod stocks
Date: 2003-05-06
Institutions: European Commission
Subjects: authorised catch, catch quota, conservation of fish stocks, fishery management, fishing grounds, fishing regulations, maritime surveillance, sea fish

EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 6.5.2003
COM(2003) 237 final

2003/0090 (CNS)

Proposal for a

COUNCIL REGULATION

establishing measures for the recovery of cod stocks

(presented by the Commission)

 
EXPLANATORY MEMORANDUM

This  proposal  to  establish  measures  for  the  recovery  of  cod  stocks  follows  on  from  those
previously made for  cod and hake in December 2001 and  2002. (COM(2001)  724 final  and
COM  (2002)  773  final)  It  also  stems  from  a  request  of  the  Council  at  the  December  2002
Fisheries  Council  for  the  Commission  to  propose  a  definitive  recovery  plan  to  replace  the
interim measures that were imposed in Annex XVII of the TAC and quota regulation. ((EC)
No 2341/2002)

A proposal for the recovery of hake stocks will now be made separately.

The overall objective of the proposal is  to ensure  the safe  recovery of  the cod  stocks  to  the
precautionary stock sizes advised by scientists within a time frame of five to ten years.

The proposal is written as four chapters:

Chapter I sets out which cod  stocks  are  covered  by  this  proposal  and,  for  each,  what  their
lowest  stock  size  should  be  to  be  in  line  with  the  precautionary  approach.  This  chapter
remains  largely  unchanged  from  the  most  recent  proposal.  The  Commission  maintains  its
proposal that the stocks of cod in the Irish Sea and Eastern Channel should be included in this
recovery  plan,  including  in  respect  of  fishing  effort  limitation.  Despite  the  existence  of
specific technical measures in the Irish Sea to protect cod spawning grounds, the state of this
stock is still very serious and requires more stringent measures.

Chapter II sets out what the absolute minimum stock sizes should be, below which scientists
indicate that the stocks are in significant danger of total collapse.

The  chapter  then  lays  down  the  guidelines  for  the  setting  of  the  levels  of  Total  Allowable
Catch (TAC) based on estimations of actual stock sizes by scientists. If this estimated stock
size is below the recommended level but above or only slightly below the minimum level then
the  TAC  will  be  set  so  as  to  aim  for  a  30%  increase  in  stock  size  in  the  following  year.  If
however the estimated stock size is well below the minimum level then more severe measures
are proposed.

The chapter also sets out the details of the principle that the largest annual change, upwards or
downwards, in any TAC from one  year to the next should not be greater than 15% after the
first year of implementation of a recovery plan.

However,  these  rules  on  the  setting  of  TACs  will  be  subject  to  the  exception  that  the
precautionary fishing mortality rates recommended by  scientists  –  i.e. the maximum  fishing
mortality  rate  comparable  with  sustainable  exploitation  –  should  not  be  exceeded.  The
Commission  considers  that  the  breach  of  these  rates  would  be  incompatible  with  the
precautionary approach.

Chapter  III  contains  the  Commission’s  proposals  for  the  management  of  a  fishing  effort
limitation  scheme  –  i.e.  restricting  the  time  that  the  fishing  vessels  concerned  may  spend
fishing to correspond with the TAC’s. These proposals are considerably simplified compared
to  previous  proposals.  The  system  gives  flexibility  to  Member  States  and  fishermen  in
management and allocation of fishing effort to individual fishing vessels and ensures effective
and proportionate  reductions in fishing  effort for  each Member  State  and  can  be  effectively
monitored and controlled.

In simple terms the system works as follows:

2

(cid:1)  first the overall historical fishing effort of all vessels catching cod is calculated;

(cid:1)  then the reduction in fishing effort required to match the selected TAC is determined;

(cid:1)  this  reduction  is  distributed  across  Member  States  in  proportion  to  how  much  cod  they
have landed during the reference period in comparison to the total Community landings.

These  effort  limits,  expressed  in  kilowatt-days,  will  be  distributed  among  their  vessels  by
Member States, within – but not between – the geographical areas occupied by the respective
cod stocks. They will be fully transferable and usable at any time throughout the year.

Other  features  of  the  system  –  such  as  the  exact  definition  of  a  day  absent  from  port  and
exemptions from counting days under exceptional circumstances – have also been included,
and are based on consultations in relation to the implementation of the interim cod recovery
measures put in place in December 2002.

Chapter IV provides for measures in relation to improved monitoring, inspection and control
for the vessels covered by the effort management system. These measures include details of
prior notification, the requirement to land cod in designated ports and stowage and transport
conditions. 

This  chapter  remains  largely  unchanged  from  previous  proposals  although  the  rules
concerning the use of VMS have been removed as they will be addressed in a new Regulation
on this issue to be adopted as part of the CFP reform.

Technical  conservation  measures  have  not  been  included  in  this  regulation.  A  number  of
technical  measures  aimed  at  assisting  the  recovery  of  cod  stocks  have  already  been
implemented by Council Regulation (850/1998). Further evaluation of technical conservation
measures in relation to the recovery of cod is currently underway and may be implemented at
a later date.

The measures implemented by this Regulation for the recovery of cod stocks directly effect
those  fishing  for  associated  species  in  relation  to  the  proposed  effort  limitation  scheme.  It
should be noted that, although no direct reference is made in the Regulation, there will also be
consequences  in  relation  to  the  Total  Allowable  Catches  for  other  species  and  stocks
associated with cod.

This  proposal  replaces  the  provisions  set  out  in  the  modified  proposal  for  a  Council
Regulation establishing measures for the recovery of cod and hake stocks. (COM(2002) 773
final)

3

2003/0090 (CNS)

Proposal for a

COUNCIL REGULATION

establishing measures for the recovery of cod 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  cod  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.

These stocks  are cod in the Kattegat,  the North Sea including  the  Skagerrak  and  the
Eastern Channel, to the west of Scotland and in the Irish Sea.

Measures need to be taken to establish multi-annual programmes for the  recovery of
these stocks.

It is expected that recovery of these stocks under the conditions of this Regulation will
take between five and ten years.

The objective of the programme concerning such measures should be considered to be
achieved for a stock when, for two consecutive years, the quantity of mature cod has
been greater than that decided upon by managers as being within safe biological limits.

In  order  to  achieve  that  objective,  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.

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  stocks  concerned,  and  a  system  whereby  fishing  effort  on  those  stocks  is
constrained to levels so that the TACs are unlikely to be exceeded.

1

2

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

4

                                                
(8)

(9)

Once  recovery  has  been  achieved  the  Commission  should  propose,  and  the  Council
should  decide  upon,  follow-up  measures  in  accordance  with  Article  6  of  Council
Regulation  2371/2002  of  20  December  2002  on  the  conservation  and  sustainable
exploitation of fisheries resources under the Common Fisheries Policy3

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  policy4,  as  last  amended  by  Regulation  (EC)  No  2846/985  are  required  to
ensure compliance with the measures laid down in this Regulation.

HAS ADOPTED THIS REGULATION:

CHAPTER I
SUBJECT MATTER AND DEFINITIONS

Article 1

Subject-matter

This Regulation establishes a  recovery programme  for  the following  cod  stocks  (hereinafter
referred to as “depleted cod stocks”) :

(a) cod in the Kattegat;

(b) cod in the North Sea, in Skagerrak and the Eastern Channel;

(c) cod to the west of Scotland;

(d) cod in the Irish Sea.

Article 2

Definitions of geographical areas

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

(a) “Kattegat” means that part of Division IIIa, as delineated by the International Council for
the  Exploration  of  the  Sea  (IECS),  that  is  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;

3

4

5

OJ L 358, 31.12.2002, p. 59
OJ L 261, 20.10.1993, p. 1
OJ L 358, 31.12.1998, p.5

5

                                                
(b) “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;

(c) “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 that point to the nearest point
on the Swedish coast;

(d) “Eastern Channel” means ICES Division VIId;

(e) “Irish Sea” means ICES Division VIIa;

(f) “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.

CHAPTER II
TARGET LEVELS

Article 3

Purpose of the recovery plan

The recovery plan referred to in Article 1 shall aim to increase the quantities of mature fish to
values equal to or greater than the target levels specified in the following table :

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

Target Levels in tonnes

10 500

150 000

22 000

10 000

Article 4

Reaching of target levels

Where the Commission finds, on the basis of advice from ICES and following agreement on
that advice by the Scientific Technical and Economic Committee for Fisheries (STECF), that
for two consecutive years the target level for any cod stock concerned has been reached, the
Council shall decide by qualified majority on a proposal from the Commission to remove that
stock from the scope of this Regulation and to establish a management plan for that stock in
accordance with Article 6 of Regulation 2371/2002.

6

CHAPTER III
TOTAL ALLOWABLE CATCHES

Article 5

Setting of Total Allowable Catches

A TAC shall be set in accordance with Article 6 where the quantities of mature cod have been
estimated by the STECF in the light of the most recent report of ICES, to be equal to or above
the minimum levels specified in the following table:

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

Minimum
levels in
Tonnes

6 400

70 000

14 000

6 000

Article 6

Procedure for setting Total Allowable Catches

1.

2

3.

Each year, the Council shall decide by qualified majority on the basis of a proposal
from the Commission on a TAC for the following year for each of the depleted cod
stocks.

The  TACs  shall  not  exceed  a  level  of  catches  which  a  scientific  evaluation  carried
out by the STECF in the light of the most recent report has indicated will result in an
increase of 30% 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.

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 following values:

Concerned fish stock

Fishing mortality rate

Cod in the Kattegat

Cod in the North Sea, Skagerrak and
Eastern Channel

Cod to the West of Scotland

0.60

0.65

0.60

7

Cod in the Irish Sea

0.72

4.

5.

(a)

(b)

6.

Where  it  is  expected  that  application  of  paragraph  2  will  result  in  a  quantity  of
mature fish at the end of the year of application of the TAC in excess of the quantity
indicated in Article 3, the TAC shall be set at a level of catches which, following a
scientific evaluation carried out by the STECF in the light of the most recent report
of ICES, will result in a quantity of mature fish at the end of the year being equal to
the target level indicated in Article 3.

Except for the first year of application of this Article,

in  the  event  that  the  rules  provided  for  in  paragraphs  2  or  4  would  lead  to  a  TAC
which exceeds the TAC of the preceding year by more than 15%, the Council shall
adopt a TAC which shall not be more than 15% greater than the TAC of that year or;

in  the  event  that  the  rule  provided  for  in  paragraphs  2  or  4  would  lead  to  a  TAC
which is more than 15% less than the TAC of the preceding  year, the Council shall
adopt a TAC which is not more than 15% less than the TAC of that year.

Paragraphs 4 or 5 shall not apply when their application would entail an exceeding of
the values laid down in paragraph 3.

Article 7

Setting TACs in exceptional circumstances

Where the quantities of mature fish of any of the cod stocks concerned 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 Article 5, the following rules shall apply :

(a)

(b)

Article 6 shall apply where its application is expected to result in an increase in the
quantities of mature fish at the end of the year of application of the TAC to a quantity
equal to or greater than the quantity indicated in Article 5;

where  the  application  of  Article  6  is  not  expected  to  result  in  an  increase  in  the
quantities of mature fish at the end of the year of application of the TAC to a quantity
equal to or greater than the quantity indicated in Article 5, the Council shall decide
by  a  qualified  majority,  on  a  proposal  from  the  Commission  on  a  TAC  for  the
following  year  such  that  the  quantity  of  mature  fish  at  the  end  of  the  year  of
application of the TAC is expected to be greater than the quantity indicated in Article
5 or;

8

CHAPTER IV
FISHING EFFORT LIMITATION

Article 8

Setting of maximum permissible kilo-watt days

The  Council  shall  decide  by  qualified  majority  on  a  proposal  from  the  Commission  on  the
maximum  permissible  level  of  kilowatt-days  not  in  excess  of  a  quantity  calculated  in
accordance  with  conditions  laid  down  in  Annex  I  for  groups  of  fishing  vessels  of  each
Member State, fishing for the cod stocks concerned in the forthcoming year.

Article 9

Establishment and composition of a data base

1.
Each Member State shall establish a data base containing for each of the geographical
areas defined in Article 2, for each year of the reference period referred to in paragraph 2 of
this Article and for each vessel flying its flag and registered within the Community which has
landed any quantity of cod, sandeel or Norway pout in that period, the following information :

(a) the name and internal registration number of the vessel;

(b) the installed engine power of the vessel in kilowatts measured in accordance with Council
Regulation (EEC) No 2930/866;

(c) the number of days absent from port as defined in Article 13;

(d) the quantity of cod landed in tonnes;

(e) the quantity of sandeel landed in tonnes;

(f) the quantity of Norway pout landed in tonnes;

(g) the kilowatt-days as the product of the number of days absent from port and the installed
engine power in kilowatts.

2.

The data base shall be established no later than the following dates :

(a) 31 October 2003, in respect of the three-year reference period 2000, 2001 and 2002;

(b) 15 July of each year subsequent to 2003 in respect of the preceding three-year period.

The  data  base  shall  be  communicated  to  the  Commission  in  written  form  and  in
3.
computer-accessible form 15 November 2003 in respect of the reference period provided for
in point 2(a) and by 30 July of the year concerned in respect of the reference period provided
for in point 2(b).

6

OJ L 274, 25.09.1986, p. 1

9

                                                
Article 10

Calculations to be carried out by Member States

For each of the geographical areas defined in Article 2, the following quantities shall

1.
be calculated by each Member State:

(a)  the  average  kilowatt-  days  for  the  reference  period  for  each  vessel  included  in  the  data
base referred to in Article 9;

(b) the total of the average kilowatt-days for vessels as the sum of the average kilowatt-days
calculated in point (a) for those vessels which during the reference period and according to the
data included in the data base:

(i) have landed cod;

(ii) have landed sandeels and/or Norway pout and have landed no cod.

2.
Member States shall ensure that the calculation under paragraph 1(a) shall be adjusted
where  necessary  to  take  into  account  any  limits  on  fishing  effort  resulting  from  obligations
entered into under Council Decision No 97/413/EC.

The results  of the calculations shall  be communicated  to  the  Commission  within  the

3.
same deadlines as those indicated in Article 9(3).

Article 11

Allocation of kilowatt-days

1.
For each geographical area referred to in Article 2 each Member State shall decide on
the distribution of  the  maximum  permissible  kilowatt-day  among  vessels  flying  its  flag  and
registered in the Community.

2.

The transfer of kilowatt-day shall be prohibited :

- between the areas defined in Article 2 and;

- between vessels included in List 1 or List 2 as defined in Article 12.

Article12

List of vessels

1.
Each  Member  State  shall  communicate  to  the  Commission  for  each  of  the  areas
defined  in  Article  2,  two  lists  with  the  name  the  name  and  internal  registration  number  of
vessels  to  which  kilo-watt  days  have  been  allocated.  These  lists  shall  be  drawn  up  in
accordance with the following provisions:

(a) List 1 shall contain the vessels authorised to land cod;

(b)  List  2  shall  contain  the  name  authorised  to  land  sandeels  and/or  Norway  pout  and  not
authorised to land cod;

10

All vessels which appear in the data base specified in Article 9 shall be included in List 1 or
List 2 and vessels which do not appear in that data base may also be included in List 1 or List
2.

No vessel may be included in both lists.

Until a Member State communicates  lists to the Commission  under  paragraph  1,  the

2.
lists most recently communicated to the Commission shall continue to apply.

Where  no  such  lists  have  been  previously  communicated  to  the  Commission,  the  following
rules shall apply :

(a)  List  1  shall  be  deemed  to  include  the  vessels  whose  names  and  internal  registration
number  are  included  in  the  data  base  for  the  most  recent  reference  period  and  which  have
landed no sandeels and/or Norway pout during that period and;

(b) List 2 shall be deemed to include any vessels not referred to in point (a).

Article 13

Days absent from port

The  kilowatt-days  allocated  to  an  individual  vessel  shall  be  transformed  into  an  equivalent
number  of  days  absent  from  port  by  dividing  these  kilowatt-days  by  the  installed  engine
power in kilowatts of that vessel, adding 0.5 to the result of this calculation and ignoring any
decimal or other fraction in the resultant value.

A day absent from port shall be any continuous period of 24 hours from the time of entry into
a geographical area defined in Article 2 or any part of such a period.

Article 14

Obligations of Member States

Member States shall ensure that each vessel included in the lists referred to in Article 12(1) is
not absent from port and present within any of the geographical areas referred to in Article 2
for more than the number of days calculated under paragraph 1.

Article 15

Prohibitions on landing and transhipping

A vessel which has not been included in List 1 or List 2 as defined in Article 12 shall
1.
be  prohibited  from  landing  or  transhipping  cod,  haddock,  whiting,  plaice,  sole,  sandeels  or
Norway pout caught in any of the geographical areas referred to in Article 2 and shall also be
prohibited  from  landing  Norway  lobsters  caught  in  those  areas  unless  the  latter  have  been
caught using creels.

2.
Until  a  Member  State  establishes  a  data  base  and  supplies  it  to  the  Commission  in
conformity with Article 9, all vessels of that Member State shall be prohibited from landing
cod,  haddock,  whiting,  plaice,  sole,  sandeels  or  Norway  pout  caught  in  any  of  the
geographical areas referred to in Article 2.

11

CHAPTER V
MONITORING, INSPECTION AND SURVEILLANCE

Article 16

Fishing Effort messages

The provisions of Title IIA of Regulation (EEC) No 2847/93 shall apply to vessels included
in the lists referred to Article 9(2) and (3) operating in the zones listed in Annex II. 

Article 17

Prior notification

The  master  of  a  Community  fishing  vessel,  or  his  representative,  prior  to  any  entry
1.
into port or any landing location of a Member State carrying more than one tonne of cod on
board  shall  inform  the  competent  authorities  of  that  Member  State,  at  least  four  hours  in
advance of such entry, of:

(a)

(b)

(c)

(d)

the port or landing location;

the estimated time of arrival at that port or landing location ;

the quantities in kilograms live weight of cod retained on board;

the quantities in kilograms live weight of cod to be landed, discharged or transhipped.

2.
The  competent  authorities  of  a  Member  State  in  which  a  landing  of  more  than  one
tonne of cod is to be made, may require that the discharge of catch retained on board shall not
commence until authorised by those authorities.

3.
The master of a Community fishing vessel or his representative wishing to tranship or
discharge at sea any quantity  retained  on  board or to land in a port or landing  location  of  a
third country shall inform the competent authorities of the flag Member State at least 24 hours
prior to tranship or discharge at sea or to landing in a third country the information referred to
in paragraph 1.

Article 18

Designated ports

1.
Where  more  than  two  tonnes  of  cod  are  to  be  landed  in  the  Community  from  a
Community 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  cod in excess of

2.
two tonnes shall take place.

12

3.
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 cod within each landing.

The Commission shall transmit this information to all Member States.

Article 19

Separate stowage of cod

1.
It shall be prohibited to retain on board a Community fishing vessel in any individual
box or other container any quantity of cod mixed with any other species of marine organisms.

2.
The  masters  of  Community  fishing  vessels  shall  provide  the  necessary  assistance  to
inspectors of Member States to enable the quantities declared in the logbook and the catches
of cod retained on board to be cross-checked for verification purposes.

Article 20

Transport of cod

The  competent  authorities  of  a  Member  State  may  require  that  any  quantity  of  cod
1.
caught in any of the geographical areas referred to in Article 2 and 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
2.
Regulation  (EEC)  No  2847/93,  all  quantities  of  cod  which  are  transported  to  a  place  other
than that 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 21

Specific monitoring programme

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

13

CHAPTER VI
FINAL PROVISIONS

Article 22

Entry into force

This Regulation shall enter into force on the 20th day following 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

14

Annex I

The Commission will be responsible for carrying out the calculations described in this Annex.

Calculation of maximum permissible kilowatt-days for each Member State
in each geographical area.

Part 1: Expected fishing mortality rate associated with a TAC.

The expected fishing mortality rate associated with a TAC for the forthcoming year shall be
the value of fishing mortality rate which is consistent with the uptake of that TAC as stated in
or  derived  from  the  most  recent  report  of  ICES.  This  value  will  be  referred  to  hereafter  as
“Ftac”.

Part 2: Calculation of the average fishing mortality rate during the reference period.

The values of the total international fishing mortality rate provided in the most recent report
of  ICES  in  each  of  the  three  years  of  the  reference  period  shall  be  added  together  and  the
result of this calculation shall be divided by three. This value will be referred to hereafter as
“Fref”.

Part 3: Calculation of the maximum permissible kilowatt-days for each Member State.

1. Vessels which have landed or are likely to land cod and hence are included in List 1 of
Article 97.

7

The computations defined in Part  3  of  this  Annex  result  in  values  of  maximum  permissible  kilo-watt
days for each Member State in relation to the proportion of cod landed by each Member State during
the reference period. Part 3 (1) calculates these values for vessels which appear on List 1 and Part 3 (2)
calculates analogous values for vessels which appear on List 2.

In Part 3(1)

The  first  move  in  these  calculations  is  to  evaluate  the  total  adjustment  to  kilo-watt  days  across  all
Member State during the reference period which is required to ensure that the kilo-watt days associated
with the uptake of the TAC and hence the  fishing  mortality rate associated  with the TAC  will not be
exceeded.
This total adjustment (K) is calculated from the following equation:
K= (Ftac–Fref) / (cid:1)ms(Fref x P²ref,ms/Dref,ms)

Where:
Ftac is the Fishing mortality rate required to take the TAC as obtained in Part 1
Fref is the fishing mortality rate during the reference period as calculated in Part 2
Pref,ms is the proportion of the landings of cod by all Member States taken by an individual Member State during

the reference period.

Dref,ms  is  the  average  kilo-watt  days  expended  per  year  by  a  Member  State  during  the  reference  period  as

calcilated by Member States in Article 8(1)(b)(i)
K is the total reduction in kilo-watt days across all Member States
Paragraph (a) calculates for each Member State the value of P2
Paragraph (b) calculates for each Member State the value of P2
ref,ms
Paragraph (c) calculates for each Member State the value of Fref x P2
Paragraph (d) calculates for each Member State the value of Fref x P2
Paragraph (e) adds together the values for each Member State obtained in paragraph (d) as indicated by
the summation operator ((cid:1)ms) in the equation above
Paragraph (f) divides the difference between Ftac and Fref by the result obtained in paragraph (e). The
resultant value is K in the equation above which is the total adjustment of kilo-watt days compared to
those of the reference period required to ensure that Ftac will not be exceeded.

ref,ms
ref,ms/Dref,ms

ref,ms

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(a)  The  proportion  of  the  landings  of  cod  generated  by  each  Member  State  during  the
reference period shall be calculated as follows:

(i) For each of the three years of the reference period and using the data on landings provided
in the most recent report of ICES or, if the latter quantities are not available, data provided by
the  data  base  of  a  Member  State  under  Article  7,  the  total  quantity  of  cod  landed  by  each
Member State shall be divided by the total quantity of cod landed by all Member States.

(ii) For each Member State, the quantities calculated in paragraph 1 shall be  added together
and the resultant quantity shall be divided by three.

(b) The squared values of each of the values calculated in (a) shall be calculated

(c) Each of the values calculated in (b) shall be multiplied by Fref as calculated in Part 2.

(d) The values calculated for each Member State in (c) shall be divided by the kilo-watt days
for that Member State as calculated under Article 8(1)(b)(i).

(e) The values calculated in (d) shall be added together.

(f) The value of Ftac, as obtained in Part 1, minus Fref, as calculated in Part 2, shall be divided
by the value calculated in (e)

(g)  The  value  calculated  in  (f)  shall  be  multiplied  by  the  value  for  each  Member  State
calculated in (a)(ii).

(h) Each of the values calculated in (g) shall be added to the kilo-watt days calculated by each
Member State under Article 8(1)(b)(i).

2.  Vessels  which  have  landed  or  are  likely  to  land  sandeels  and/or  Norway  pout  with  no
landings of cod and hence are included in List 2 of Article 9.

The  quantity  of  kilowatt  days  calculated  by  each  Member  State  in  accordance  with  Article
8(1)(b)(ii) shall be multiplied by 0.9.

Part  4:  Comparison  of  effort  allocation  with  previous  effort  limits  set  out  under  the
Multi Annual Guidance Programmes (MAGPs)

For Member States who managed certain fleet segments with effort limits under the MAGP
programmes,  these  limits  and  the  vessels  covered  by  them  will  be  compared  to  the  new

The next move is to distribute the total adjustment among Member States according to the proportion of
the  total  landings  of  cod  by  all  Member  States  which  was  taken  by  each  Member  State  during  the
reference period.
Paragraph (g) distributes this total adjustment among Member States by the proportion of the total cod
landings taken be each Member State during the reference period (these proportions were calculated in
paragraph (a))
Paragraph (h) adjusts the kilo-watt days of each Member State by the appropriate quantity calculated in
paragraph  (g)  to  derive  the  resultant  maximum  permissible  kilo-watt  days  for  each  Member  State  to
ensure that Ftac and hence the TAC itself will not be exceeded.

In Part 3(2)

The kilo-watt days during the reference period of vessels which  have  not landed cod but have landed
sandeels and/or Norway pout are reduced by 10%.

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limitations and vessels covered by this Regulation. These new limitations must be less than or
equal to those previously set.

Part 5: Concluding comments

The quantities of kilowatt days calculated in paragraph 1(h) and paragraph 2 of Part 3
are, respectively, the maximum permissible kilo-watt days for vessels appearing on List
1 and list 2 as defined in paragraphs 3 or 4 of Article 9.

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Annex II

Effort Zones

IIIa (Kattegat)

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

Vb, and VIa (West Scotland)

VIIa (Irish Sea)

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