Proposal for a Council Regulation establishing measures for the recovery of the Northern hake stock
Date: 2003-06-27
Institutions: European Commission
Subjects: authorised catch, conservation of fish stocks, fishing controls, fishing regulations, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27.6.2003
COM(2003) 374 final

2003/0137 (CNS)

Proposal for a

COUNCIL REGULATION

establishing measures for the recovery of the Northern hake stock

(presented by the Commission)

EXPLANATORY MEMORANDUM

This proposal  to  establish  measures  for  the  recovery  of  the  Northern  hake  stock  follows  on
from  those  previously  made  for  cod  and  Northern  hake  in  December  2001  and  2002.
(COM(2001) 724 final and COM (2002) 773 final).

A proposal for the recovery of cod stocks is now being made separately.

The overall objective of the proposal is to ensure the safe recovery of the Northern hake stock
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 areas will be covered by this proposal and what the lowest Northern
hake stock size should be to be in line with the precautionary approach. This chapter remains
largely  unchanged  from  the  most  recent  proposal.  The  area  covered  is  that  occupied  by  the
Northern  hake  stock  and  comprises  Community  waters  of  the  North  Sea,  Skagerrak  and
Kattegat,  West  of  Scotland,  Channel,  Irish  Sea,  Celtic  Sea,  West  of  Ireland  and  Bay  of
Biscay.

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

The  chapter  then  lays  down  the  guidelines  for  the  setting  of  the  level  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  10%  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  condition  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.  For  the  Northern  hake  stock  the  effort  scheme  will
cover  only  those  areas  in  which  the  majority  of  the  stock  resides,  namely,  West  of  Ireland,
Celtic Sea, Bay of Biscay and the western Channel. The Commission considers that in those
areas  which  have  been  omitted  from  the  Northern  hake  recovery  plan  the  measures  being
taken  to  protect  cod  will  provide  sufficient  protection  for  the  small  quantities  of  Northern
hake  found  there.  These  proposals  are  considerably  simplified  compared  to  previous
proposals.  The  system  allows  Member  States  and  fishermen  to  manage  and  allocate  fishing
effort  to  individual  fishing  vessels  in  a  more  flexible  manner.  It  ensures  effective  and
proportionate  reductions  in  fishing  effort  for  each  Member  State  and  can  be  effectively
monitored and controlled.

2

In simple terms the system works as follows:

(cid:1)  first the overall historical fishing effort of all vessels catching Northern hake 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  Northern
hake 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 the geographical area to which they will apply . The kilowatt-days will
be fully transferable and usable within that area 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 Northern hake 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 Northern hake stocks have already been
included  in  a  proposal  from  the  Commission  (COM(2002)672final)  intended  to  modify  and
replace Council Regulation (850/1998). Further evaluation of technical conservation measures
in relation to the recovery of Northern hake is currently underway and the Commission may
come forward with proposals at a later date.

The  measures  implemented  by  this  Regulation  for  the  recovery  of  the  Northern  hake  stock
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 to this in the Regulation,
there will also be consequences in relation to the Total  Allowable  Catches  for  other  species
and stocks associated with Northern hake.

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

3

2003/0137 (CNS)

Proposal for a

COUNCIL REGULATION

establishing measures for the recovery of the Northern hake stock

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 the Northern hake stock in Community waters has suffered
from levels of mortality by fishing which have eroded the quantities of mature fish in
the  sea  to  the  point  at  which  this  stock  may  not  be  able  to  replenish  itself  by
reproduction and that the stocks are therefore threatened with collapse.

The stock in question inhabits the Kattegat, the Skagerrak, the North Sea, the Channel,
waters to the west of Scotland and all around Ireland and the Bay of Biscay.

Measures  need  to  be  taken  to  establish  a  multi-annual  plan  for  the  recovery  of  this
stock.

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

The objective of the plan should be considered to be achieved for this stock when, for
two consecutive years, the quantity of mature Northern hake has been greater than the
level set by managers as being within safe biological limits.

In  order  to  achieve  that  objective,  the  level  of  the  fishing  mortality  rate  need  to  be
controlled  so  that  it  is  highly  likely  that  the  quantities  of  mature  fish  in  the  sea  will
increase from year to year.

Such  control  of  the  fishing  mortality  rate  can  be  achieved  by  establishing  an
appropriate  method  for  the  establishment  of  the  level  of  Total  Allowable  Catches
(TACs) of the stock  concerned, and  a system whereby fishing effort  on  this  stock  is
restricted to levels at which the TACs are unlikely to be exceeded.

1

2

OJ C …, p. …
OJ C …, , p. ...

4

                                                
(8)

(9)

The  great  majority  of  the  Northern  hake  stock  in  question  resides  in  a  geographical
area to the west and south of Ireland, in the western Channel and in the Bay of Biscay
and  it  is  in  those  areas  that  levels  of  fishing  effort  should  be  reduced.  Furthermore,
similar  constraints adopted  for the  recovery  of  cod  stocks  will  assist  the  recovery  of
that part of the Northern hake stock concerned which resides outside these areas.

Once recovery has been achieved 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,

(10)

To  reduce  the  probability  of  overshooting  of  the  TAC,  it  is  necessary  to  restrict
landings and transhipments of Northern hake and of species with which Northern hake
are  taken  as  by-catch  to  those  vessels  which  fall  within  the  system  adopted  for  the
control of fishing effort,

(11) 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 need to be included in order to ensure compliance with the measures
laid down in this Regulation,

HAS ADOPTED THIS REGULATION:

CHAPTER I
SUBJECT MATTER

Article 1

Subject-matter

This Regulation establishes a recovery programme for the Northern hake stock which inhabits
the  ICES Division  IIIa,  ICES Sub-area  IV,  ICES  Divisions V(b)  (Community  waters  ),  VIa
(Community waters), ICES Sub-area VII and ICES Divisions VIIIa,b,d,e (hereinafter referred
to as “the Northern hake stock”).

CHAPTER II
TARGET LEVELS

Article 2

Purpose of the recovery plan

The recovery programme referred to in Article 1 shall aim to increase the quantities of mature
fish of the Northern hake stock concerned to values equal to or greater than 143000 tonnes.

3

4

OJ L 358, 31.12.2002, p. 59.
OJ L 261, 20.10.1993, p.1. Regulation as last amended by Regulation (EC) No 2846/98

5

                                                
Article 3

Reaching of target levels

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  the  Scientific
Technical  and  Economic  Committee  for  Fisheries  (STECF),  that  for  two  consecutive  years
the  target  level  for  the  Northern  hake  stock  concerned  has  been  reached,  the  Council  shall
decide by qualified majority on a proposal from the Commission to replace the recovery plan
by a management plan for the stock in accordance with Article 6 of Regulation 2371/2002.

CHAPTER III
Total Allowable Catches

Article 4

Setting of Total Allowable Catches (TACs)

A TAC shall be set in accordance with Article 5 where, for the Northern hake stock concerned
the quantities of mature Northern hake have been estimated by the STECF, in the light of the
most recent report of ICES, to be equal to or above 103000 tonnes.

Article 5

Procedure of setting TACs

1.

2.

3.

4.

Each  year,  the  Council  shall  decide  by  qualified  majority  on  a  proposal  from  the
Commission on a TAC for the following year for the Northern hake stock concerned.

The TAC shall not exceed a level of catches which a scientific evaluation carried out
by the STECF, in the light of the most recent report of ICES, has indicated will result
in an increase of 10% in the quantity of mature fish in the sea at the end of the year
of their application compared to the quantity 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 0.24.

Where it is expected that the setting of the TAC for a given year in accordance with
paragraph 2 will result in a quantity of mature fish at the end of that year in excess of
the target  level  indicated in Article  2,  the  TAC  shall  not  be  set  in  accordance  with
paragraph 2, but at a level of catches, which following a scientific evaluation carried
out  by  STECF  in  the  light  of  the  most  recent  report  of  ICES,  will  result  in  an
expected quantity of mature fish at the end of that year being equal to the target level
indicated in Article 2.

6

5.

Except for the  first  year of application  of  this  Regulation,  the  following  rules  shall
apply:

(a)

(b)

in  the  event  that  the  rules  provided  for  in  paragraphs  2  or  4  would  lead  to  a
TAC for a given  year 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
for a  given  year 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.

6.

Paragraphs 4 or 5 shall not apply when their application would imply that the value
laid down in paragraph 3 will be exceeded.

Article 6

Setting of TACs in exceptional circumstances

Where the quantities of mature fish of the Northern hake stock concerned have been estimated
by  the  STECF,  in  the  light  of  the  most  recent  report  of  the  ICES,  to  be  less  than  103000
tonnes, the following rules shall apply:

(a) Article 5 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 103000 tonnes ;

(b) where the application of Article 5 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  103000  tonnes,  the  decision  by  the  Council
under Art. 5(1) shall ensure that the quantity of mature  fish  at  the  end  of  the
year  of  application  of  the  TAC  is  expected  to  be  equal  to  or  greater  than
103000 tonnes.

Chapter IV
fishing effort limitation

Article 7

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  the  conditions  laid  down  in  Annex  I  for  groups  of  fishing  vessels  of  each
Member State fishing for the Northern hake stock concerned in the forthcoming year.

7

1.

2.

3.

4.

Article 8

Establishment and composition of a data base

Each Member State shall establish  a  data  base  containing for the  geographical area
defined in paragraph 2, for each year of the reference period referred to in paragraph
3 and for each vessel flying its flag and registered within the Community which has
landed any quantity of Northern hake in that period , the following information:

(a)

the name and internal registration number of the vessel;

(b)

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

(c)

the number of days absent from port;

(d)

the quantity of Northern hake landed, in tonnes;

(e)

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

The  data  base  shall  refer  to  the  geographical  area  encompassed  by  ICES  Sub-area
VII except ICES Divisions VIIa and VIId and ICES Sub-areas VIIIa,b,d,e.

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

(a)

(b)

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

15 July of each year subsequent to 2003, in respect of the preceding three-year
reference period.

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

8

Article 9

Calculations to be carried out by Member States

1.

2.

3.

For  the  geographical  area  defined  in  Article  8(2),  the  following  quantities  shall  be
calculated by each Member State:

(a)

(b)

the average kilowatt-days for the reference period for  each  vessel included in
the data base referred to in Article 8;

the  total  of  the  average  kilowatt-days  for  vessels  as  the  sum  of  the  average
kilowatt-days calculated in point (a).

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 97/413/EC.

The results of the calculations shall be communicated to the Commission within the
same deadlines as those indicated in Article 8(4).

Article 10

Allocation of kilowatt-days

For the  geographical area referred to  in Article 8(2)  each Member State shall decide on  the
distribution  of  the  maximum  permissible  kilowatt-days  among  vessels  flying  its  flag  and
registered in the Community.

Article 11

List of vessels

1.

Each Member State shall communicate to the Commission for the geographical area
referred to Article 8(2), a comprehensive list of vessels to which kilo-watt days have
been  allocated.  The  list  shall  be  drawn  up  in  accordance  with  the  following
provisions:

(a)

(b)

the list shall contain the name and internal registration number of each vessel
authorised to land Northern hake;

all  vessels  which  appear  in  the  data  base  referred  to  in  Article  8  shall  be
included in the list. Vessels which do not appear in that data base may also be
included in the list.

2.

Until a Member State communicates the list to the Commission under paragraph 1,
the list most recently communicated to the Commission shall continue to apply.

Where no such lists have been communicated to the Commission, the list shall be deemed to
include  the  vessels  whose  names  and  internal  registration  number  are  included  in  the  data
base referred to in Article 8 for the most recent reference period.

9

Article 12

Days absent from port

1.

2.

The  kilowatt-days  allocated  to  an  individual  vessel  shall  be  converted  into  an
equivalent  number  of  days  absent  from  port  by  dividing  the  kilowatt-days  by  the
vessel’s  total  installed  engine  power  in  kilowatts  ,  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 referred to in Article 8(2) or any part of  such  a time
period.

Article 13

Obligations of Member States

Member States shall ensure that each vessel included in the list referred to in Article 11(1) is
not absent from port and present within the geographical area defined in Article 8(2) for more
than the number of days calculated under Article 12.

Article 14

Prohibitions on landing and transhipping

1.

2.

A  vessel  which  has  not  been  included  in  the  list  as  defined  in  Article  11  shall  be
prohibited from landing or transhipping Northern hake, megrim or anglerfish caught
in  the  geographical  area  defined  in  Article  8(2)  and  shall  also  be  prohibited  from
landing or transhipping Norway lobsters caught in those areas unless the latter have
been caught using creels.

Until  a Member  State  establishes  a  data  base  and  supplies  it  to  the  Commission  in
accordance with Article 8, all vessels of that Member State shall be prohibited from
landing  Northern  hake,  megrim,  anglerfish  or  Norway  lobsters  caught  in  the
geographical area defined in Article 8(2).

CHAPTER V
monitoring, inspection and surveillance

Article 15

Effort messages

The provisions of Title IIA of Regulation (EEC) No 2847/93 shall apply to vessels included
in  the  list  referred  to  in  Article  11  operating  in  the  geographical  area  referred  to  in
Article 8(2).

10

1.

2.

3.

1.

2.

3.

Article 16

Prior notification

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

(a)

the port or landing location;

(b)

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

(c)

the quantities in kilograms live weight of Northern hake retained on board;

(d)

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

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

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  transhipment  or  discharge  at  sea  or  to  landing  in  a
third country the information referred to in paragraph 1.

Article 17

Designated ports

Where  more than  two tonnes of  Northern  hake  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 at  which any landing of  Northern hake 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  Northern  hake  within  each
landing.

The Commission shall transmit the information to all Member States.

11

1.

2.

1.

2.

Article 18

Separate stowage of Northern hake

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

The  masters  of  Community  fishing  vessels  shall  give  inspectors  of  Member  States
such assistance as will enable the quantities declared in the logbook and the catches
of Northern hake retained on board to be cross-checked.

Article 19

Transport of Northern hake

The  competent  authorities  of  a  Member  State  may  require  that  any  quantity  of
Northern hake caught in the geographical area defined in Article 8(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  Regulation
(EEC) No 2847/93, all quantities of Northern hake which are transported to a place
other  than  that  of  first  landing  or  import  shall  be  accompanied  by  a  copy  of  the
declaration provided for in Article 8(1) of that Regulation pertaining to the quantities
transported.

Article 20

Specific monitoring programme

By  way  of  derogation  from  Article  34c(1)  of  Regulation  (EEC)  No  2847/93,  the  specific
monitoring programme for the Northern hake stock concerned may last more than two years
from their date of entry into force.

12

CHAPTER VI
final provisions

Article 21

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

13

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”.

14

Part 3: Calculation of the maximum permissible kilowatt-days for each Member State5.

(a) The proportion of the landings of Northern hake 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 8, the total quantity of Northern hake landed by
each  Member  State  shall  be  divided  by  the  total  quantity  of  Northern  hake  landed  by  all
Member States.

(ii) For each Member State, the quantities calculated in paragraph (i) 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 9(1)(b).

5

ref,ms/Dref,ms)}

The calculations defined in this Annex result in values of maximum permissible kilo-watt days for each
Member State in relation to the proportion of hake landed by each Member State during the reference
period.
The  first  move  in  these  calculations  is  to  evaluate  the  total  adjustment  to  jkilo-watt  days  across  all
Member  State  during  the  reference  period  which  is  required  to  ensure  that  kilo-watt  days  associated
with the uptake of the TAC and hence the  fishing  mortality rate associated  with the TAC  will not be
exceeded.
The total adjustment (K) is calculated from the following equation:
K = (Ftac – Fref)/(cid:1)ms {(Fref x P2
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  hake 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
calculated by Member States in Article 8(1)(b)
K is the total reduction in kilo-watt days across all Member States
In Part 3:
Paragraph (a) calculates for each Member State the value of Pref,ms
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 to ensure that Ftac will not be exceeded.
The next move is to distribute the total adjustment among Member States according to the proportion of
the  total  landings  of  hake  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 by 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.

ref,ms
ref,ms/Dref,ms

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(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 9(1)(b).

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
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 (h) of Part 3 are the maximum
permissible kilo-watt days for vessels appearing on the list required by Article 11.

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