Proposal for a Council Regulation establishing measures for the recovery of the sole stocks in the Western Channel and the Bay of Biscay
Date: 2003-12-23
Institutions: European Commission
Subjects: Atlantic Ocean, English Channel, catch quota, common fisheries policy, conservation of fish stocks, fishery resources, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.12.2003
COM(2003) 819 final

2003/0327 (CNS)

Proposal for a

COUNCIL REGULATION

establishing measures for the recovery of the sole stocks in the Western Channel and the
Bay of Biscay

(presented by the Commission)

EN

  EN

EXPLANATORY MEMORANDUM

This proposal establishes measures for the recovery of the sole stocks in the Western Channel
and the Bay of Biscay following the statement by the Commission and the Council on multi-
annual plans at the December Council 2002. (SN 107/02, p. 6). The proposal also originates
from Article 5 of Council Regulation (EC) No 2371/2002 on the conservation and sustainable
exploitation  of  fisheries  resources  under  the  Common  Fisheries  Policy,  relating  to  recovery
plans for fisheries exploiting stocks outside safe biological limits.

There are two sole stocks covered by this proposal, namely the stock in the western Channel
(ICES  Division  VIIe)  and  the  stock  in  the  Bay  of  Biscay  (ICES  Divisions  VIII  a  and  b).
Although  they  cover  different  areas  they  have  features  in  common  that  make  it  logical  to
include  them  in  the  same  text.  The  objective  of  this  recovery  plan  will  be  to  ensure  the
recovery of the stocks to within safe biological limits within a time frame of five to ten years.

This proposal is written in five chapters:

Chapter I sets out which stocks are covered by this proposal  and lays down the criteria for
reaching  the  objectives  of  the  plan,  such  that  when,  based  on  advice  from  the  Scientific
Technical  and Economic  Committee for  Fisheries the stocks  may  be  considered  within  safe
biological  limits  the  Council  will  decide  to  cancel  the  plan,  on  a  proposal  from  the
Commission.

Chapter II sets out for each sole stock what the maximum fishing mortality rate should be to
ensure  their  recovery  within  the  chosen  time  frame.  Total  allowable  catches  will  then  be
calculated based on these.

The Bay of Biscay stock is probably around 10000 tonnes, having declined by approximately
one third since 1995. Fishing mortality has been above Flim, the fishing mortality at which it is
thought  that  the  stock  could  collapse,  since  1997.  The  western  Channel  stock  has  been
declining since 1980 and is in 2003 estimated to be at its historically lowest level, probably
around 2000 tonnes. Fishing mortality has been mostly above Flim since 1982.

Scientists  have  indicated  that  while  the  estimated  relative  developments  in  stock  sizes  are
very  accurate  the  estimates  of  the  absolute  sizes  of  the  stocks  are  very  uncertain.  The
scientists have therefore advised that biomass reference points should not be used as targets
for  recovery  and  instead  suggested  to  express  the  recovery  targets  in  terms  of  fishing
mortality rates. The fishing mortality reference point F0.1, which is based on yield-per-recruit
criteria and therefore robust to changes in absolute estimates of stock size, has been chosen as
the recovery limit. F0.1 is sufficiently low to give, if achieved, a high probability of recovery.
The target mortality rates are planned to be  achieved by reducing the fishing mortality  rates
gradually over time and setting TACs consistent with them such that recovery is likely to be
achieved  within  the  same  time  scale  as  that  proposed  for  the  cod  recovery  plans,  namely
around five to ten years. In any case, F0.1 is a limit, not a target. This means that recovery can
be  achieved,  and  the  recovery  plan  replaced  by  a  management  plan,  when  the  concerned
stocks are considered to be within safe biological limits, regardless of whether the limit of F0.1
has been reached.

2

 
The  long  term  yield  per  recruit  when  fishing  at  F0.1  is  close  to  the  maximum  yield,  and
although the reduction in the fishing mortality towards F0.1 will result in a short term decline
in yield, the yield is expected to increase in the medium to long term.

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. In the first year, these limits are increased to
25% to allow for a possible higher first recovery step.

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. The system is the same as proposed in the cod recovery
plan,  giving  flexibility  to  Member  States  in  management  and  allocation  of  fishing  effort  to
individual fishing vessels.

These  sole  stocks  are,  however,  also  found  within  the  area  covered  by  the  proposal  on  the
recovery  of  northern  hake  and  the  effort  limitation  measures  proposed  for  the  hake  may
therefore  contribute  to  sole  recovery.  To  avoid  making  the  management  systems  too
complicated, the  effort  management  for sole  will include only those  vessels  fishing for  sole
and having landed more sole  than hake.  Vessels having landed more hake than  sole  will be
covered by the effort scheme for hake.

In simple terms the system works as follows:

(cid:1)  first, the overall fishing effort over a three-year reference period of all vessels catching sole

not covered by the northern hake plan is calculated;

(cid:1)  then the reduction in fishing effort, relative to the effort in the reference period, required to
match the selected TAC is calculated and allocated to Member States in proportion to each
Member  State's  share  of  the  total  landings  of  sole  and  taking  into  account  differences  in
catchability.

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
sole  stocks.  They  will  be  fully  transferable  between  these  vessels  and  usable  at  any  time
throughout the year.

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 sole in designated ports and stowage and transport
conditions.

Technical  conservation  measures  have  not  been  included  in  this  regulation.  A  number  of
technical  measures  aimed  at  assisting  the  recovery  of  sole  stocks  have  already  been
implemented  by  Council  Regulation  850/98.  Further  evaluation  of  technical  conservation
measures in relation to the recovery of sole is currently underway and further measures may
be proposed at a later date.

3

 
Chapter V final provisions

The  socio-economic  impact  of  the  implementation  of  this  proposal  will  be  addressed  in  the
framework of the Action plan to counter the social, economic and regional consequences of
the  restructuring  of  the  EU  fishing  industry  (COM  (2002)  600  final).  The  Action  Plan
acknowledges the difficulty of assessing the likely impacts of the multi-annual management
plans, and that further data should be collected by the Member States to this end.

The  Council  is  requested  to  adopt  this  proposal  as  soon  as  possible  in  order  to  allow
fishermen to plan their activities for the next fishing season.

4

 
2003/0327 (CNS)

Proposal for a

COUNCIL REGULATION

establishing measures for the recovery of the sole stocks in the Western Channel and the
Bay of Biscay

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)

1

2

3

Recent scientific advice from the International Council for the Exploration of the Sea
(ICES)  has  indicated  that  the  sole  stocks  in  ICES  Divisions  VIIe  and  VIIIa,b  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 the stocks are therefore threatened with collapse.

Measures  need  to  be  taken  to  establish  multi-annual  plans  for  the  recovery  of  these
stocks in conformity with Article 5 of Council Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable exploitation of fisheries resources
under the Common Fisheries Policy3.

The objectives of the plans should be to rebuild these stocks to safe biological limits
within five to ten years.

The  objective  should  be  considered  to  be  achieved  when  the  stocks  concerned  are
assessed, based on advice from the Scientific Technical and Economic Committee for
Fisheries (STECF), to be within safe biological limits.

The absolute sizes of the stocks concerned as estimated by STECF and ICES are too
uncertain to be used as targets for the recovery and the targets should be expressed in
terms of fishing mortality rates.

In  order  to  achieve  that  objective,  the  levels  of  fishing  mortality  rates  need  to  be
controlled so that it is highly likely that those rates are reduced from year to year.

OJ C , , p. .
OJ C , , p. .
OJ L 358, 31.12.2002, p. 59.

5

 
                                                
(7)

(8)

(9)

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

Once  recovery  has  been  achieved  the  Council  should  decide  on  a  proposal  from  the
Commission on follow-up measures in accordance with Article 6 of Regulation (EC)
No 2371/2002.

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 AND OBJECTIVES

Article 1

Subject-matter

This Regulation establishes a recovery plan for the following sole stocks (hereinafter referred
to as ‘sole stocks concerned’):

(a)

sole which inhabits Division VIIe, as delineated by the International Council for the
Exploration of the Sea (ICES);

(b)

sole which inhabits Divisions VIIIa and b, as delineated by ICES.

Article 2

Objective of the recovery plan

The  recovery  plan  shall  aim  to  rebuild  the  sole  stocks  concerned  to  within  safe  biological
limits.

1.

4

Article 3

Evaluation of recovery measures

The Commission shall, on the basis of advice from ICES and the Scientific Technical
and Economic Committee for Fisheries (STECF), evaluate the impact of the recovery

OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122,
16.5.2003, p. 1).

6

 
                                                
2.

3.

1.

2.

1.

2.

measures  on  the  sole  stocks  concerned  and  the  fisheries  on  those  stocks,  in  the
second year of application of this Regulation and in each of the following years.

Where the Commission finds, on the basis of the annual evaluation, that any of the
sole stocks concerned has reached the objective set out in Article 2, the Council shall
decide by qualified majority on a proposal from the Commission to replace, for that
stock,  the  recovery  plan  provided  for  in  this  Regulation  by  a  management  plan  in
accordance with Article 6 of Regulation (EC) No 2371/2002.

Where the Commission finds, on the basis of the annual evaluation, that any of the
sole stocks concerned do not show proper sign of recovery, the Council shall decide
by  qualified  majority  on  a  proposal  from  the  Commission  on  additional  and/or
alternative measures to ensure recovery of the stock concerned.

CHAPTER II
Total Allowable Catches

Article 4

Setting of Total Allowable Catches (TACs)

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.

The TAC for the sole stocks concerned shall be set in accordance with Article 5.

Article 5

Procedure for setting the TACs for the sole stocks concerned

Where  the  fishing  mortality  rate  for  one  of  the  sole  stocks  concerned  has  been
estimated by the STECF in the light of the most recent report of  ICES to be above
0.14  per  year,  the  TAC  for  that  stock  shall  not  exceed  a  level  of  catches  which,
according to a scientific evaluation carried out by the STECF in the light of the most
recent report of ICES, will result in a reduction of:

(a)

(b)

20%  in  the  fishing  mortality  rate  in  its  year  of  application,  compared  to  the
fishing mortality rate estimated for the preceding  year  with regard  to  the  sole
stock in Division VIIe;

35%  in  the  fishing  mortality  rate  in  its  year  of  application,  compared  to  the
fishing mortality rate estimated for the preceding  year  with regard  to  the  sole
stock in Divisions VIIIa and b.

Where  the  fishing  mortality  rate  for  one  of  the  sole  stocks  concerned  has  been
estimated by the STECF, in the light of the most recent report of ICES, to be equal to
or  below  0.14  per  year,  the  TAC  for  that  stock  shall  be  set  at  a  level  of  catches
which, according to a scientific evaluation carried out by the STECF in the light of
the most recent report of ICES will result in a fishing mortality rate of:

7

 
(a)

(b)

0.11  per  year  in  the  year  of  its  application  with  regard  to  the  sole  stock  in
Division VIIe;

0.09  per  year  in  the  year  of  its  application  with  regard  to  the  sole  stock  in
Divisions VIIIa and b.

Article 6

Constraints on variation in TACs

1.

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

(a) where application of Article 5 would result in a TAC which exceeds the TAC
of the preceding year by more than 25%, the Council shall adopt a TAC which
shall not be more than 25% greater than the TAC of that year;

(b) where application of Article 5 would result in a TAC which is more than 25%
less than the TAC of the preceding year, the Council shall adopt a TAC which
is not more than 25% less than the TAC of that year.

2.

Starting  with  the  second  year  of  application  of  this  Regulation,  the  following  rules
shall apply:

(a) where application of Article 5 would result in 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;

(b) where application of Article 5 would result in 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.

CHAPTER III
Fishing effort limitation

Article 7

Setting of maximum permissible kilowatt-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  the  Annex  for  groups  of  fishing  vessels  from
each Member State fishing for the sole stocks concerned in the forthcoming year.

8

 
Article 8

Establishment and composition of a database

1.

Each Member State shall establish a database containing for each of the geographical
areas  referred  to  in  Article  1,  for  each  year  of  the  reference  period  referred  to  in
paragraph 2 and for each vessel flying its flag and registered within the Community
which  has  landed  any  quantity  of  sole  and  hake  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 2930/865;

(c)

the number of days absent from port as defined in Article 12;

(d)

the quantity of sole landed in tonnes;

(e)

the quantity of hake landed in tonnes;

(f)

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

2.

The database shall be established by no later than the following dates :

(a)

(b)

31 January 2004, in respect of the three-year reference period 2001, 2002 and
2003;

15 July of each year subsequent to 2004 in respect of the preceding three-year
reference period.

3.

The  database  shall  be  communicated  to  the  Commission  in  written  form  and  in
computer-accessible  form  by  15  February  2004  at  the  latest  in  respect  of  the
reference period provided for in paragraph 2(a) and by 31 July of the year concerned
in respect of the period provided for in paragraph 2(b).

Article 9

Calculations to be carried out by Member States

1.

The following quantities shall be calculated by each Member State:

(a)

(b)

the average number of kilowatt- days for the reference  period for  each  vessel
included in the database referred to in Article 8;

the  total  of  the  average  number  of  kilowatt-days  for  vessels  included  in  the
database referred to in Article 8 as the sum of the average number of kilowatt-
days calculated in point (a) for those vessels which during the reference period

5

OJ L 274, 25.09.1986, p. 1.

9

 
                                                
2.

3.

1.

2.

1.

2.

3.

1.

6

and according to that data included in the database have landed in weight more
sole than hake.

Member  States  shall  ensure  that  the  calculation  under  paragraph  1(a)  is  adjusted
where necessary to take into account any limits on fishing effort provided for under
Council Decision 97/413/EC.6

The results of the calculations shall be communicated to the Commission within the
same deadlines as those indicated in Article 8(3).

Article 10

Allocation of kilowatt-days

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

The  transfer  of  kilowatt-days  shall  be  prohibited  between  the  geographical  areas
referred to in Article 1.

Article11

List of vessels

Within  two  months  of  the  Council  decision  referred  to  in  Article  7,  each  Member
State  shall  communicate  to  the  Commission,  for  each  of  the  geographical  areas
referred  to  in  Article  1,  a  list  with  the  name  and  internal  registration  number  of
vessels to which kilowatt-days have been allocated.

Vessels already included in the list provided for in Article 11 of Regulation (EC) No
XXXX/2003  [recovery  plan  for  northern  hake]  shall  not  be  included  in  the  list
referred to in paragraph 1.

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

Where no such lists have previously been communicated to the Commission, the list
shall be deemed to include the vessels whose names and internal registration number
are  included  in  the  database  referred  to  in  Article  8  for  the  most  recent  reference
period and which have landed more sole than hake during the reference period.

Article 12

Days absent from port

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

OJ L 175, 3.7.1997, p. 27.

10

 
                                                
vessel’s  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.

2.

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 1 or any part of such a period.

Article 13

Obligations of Member States

Member States shall ensure that each vessel included in the list referred to in Article 11 is not
absent from port and is present within any of the geographical areas referred to in Article 1 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 referred to in Article 11 or in the list
defined  in  Article  [X]  of  Regulation  (EC)  No  XXXX/2003  [recovery  plan  for
northern  hake]  shall  be  prohibited  from  landing  or  transhipping  hake,  megrim,
anglerfish, plaice or sole caught in any of the geographical areas referred to in Article
1 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 database and communicates it to the Commission
in  accordance  with  Article  8,  all  vessels  of  that  Member  State  shall  be  prohibited
from landing hake, plaice, Norway lobsters or sole caught in any of the geographical
areas referred to in Article 1.

CHAPTER IV
Monitoring, inspection and surveillance

Article 15

Effort messages

Notwithstanding Article 19a of Regulation (EEC) No 2847/93, Articles 19b, 19c, 19d and 19e
and  19j  of  that  Regulation  shall  apply  to  vessels  included  in  the  database  provided  for  in
Article 8 operating in the geographical areas referred to in Article 1.

Article 16

Margin of tolerance

By way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83 of 22
September  1983  laying  down  detailed  rules  for  recording  information  on  Member  States’

11

 
catches of fish7, the  permitted  margin  of tolerance,  in  estimation  of  quantities,  in  kilograms
retained on board of vessels shall be 5% of the logbook figure.

Article 17

Weighing of landings

The competent authorities of a Member State shall ensure that any quantity of common sole
exceeding  50  Kg  caught  in  any  of  the  areas  referred  to  in  Article  1  shall  be  weighed  using
auction room scales before sale.

1.

2.

1.

2.

Article 18

Separate stowage of common sole

It shall be prohibited to retain on board a Community fishing vessel in any individual
container  any  quantity  of  common  sole  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 common sole retained on board to be cross-checked Article 19

Article 19

Transport of common sole

The  competent  authorities  of  a  Member  State  may  require  that  any  quantity  of
common sole exceeding 50 Kg caught in any of the geographical areas referred to in
Article 1 and first landed in that Member State is weighed before being transported
elsewhere from the port of first landing.

By way of derogation from  Article  13 of Regulation  (EEC) No 2847/93, quantities
bigger than 50 Kg of common sole which are transported to a place other than that of
landing or import shall be accompanied by a copy of one of the declarations provided
for in Article 8(1) of Regulation (EEC) No 2847/93 pertaining to the quantities of the
sole  transported.  The  exemption  provided  for  in  Article  13(4)(b)  of  Regulation
(EEC) No 2847/93 shall not apply. Article 20

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 sole stocks concerned may last for more than two years.

7

O.J. L276, 10.10.1983, p.1.

12

 
                                                
CHAPTER V
Final provisions

Article 21

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council
The President

13

 
Annex

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 hereinafter 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 herein after as
“Fref”.

14

 
Part 3: Calculation of the maximum permissible kilowatt-days for each Member State8

(a)  The  proportion  of  the  landings  of  sole  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  database  of  a  Member  State  under  Article  8,  the  total  quantity  of  sole  landed  by  each
Member State shall be divided by the total quantity of sole landed by all Member States.

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

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

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

(d) The values calculated for each Member State in paragraph (c) shall be divided by the kilo-
watt days for that Member State as calculated under Article 9(1)(b).

8

ref,ms is the squared value of Pref,ms.

The computations defined in Part 3 of this Annex result in values of maximum permissible kilowatt-
days for each Member State in relation to the proportion of sole landed by each Member State during
the reference period.
The first move in these calculations is to evaluate the total adjustment to kilowatt-days across all
Member States during the reference period, which is required to ensure that the kilowatt-days associated
with the uptake of the TAC and hence the fishing mortality rate associated with the TAC are not
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 sole by all Member States taken by an individual Member
State during the reference period.
P2
Dref,ms is the average number of kilowatt-days expended per year by a Member State during the
reference period as calculated by Member States in Article 10(1)(b)
K is the total reduction in kilowatt-days across all Member States
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 kilowatt-days compared to
those of the reference period required 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 sole 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 sole
landings taken by each Member State during the reference period (these proportions were calculated in
paragraph (a))
Paragraph (h) adjusts the kilowatt-days of each Member State by the appropriate quantity calculated in
paragraph (g) to give the maximum permissible kilowatt-days for each Member State and ensure that
Ftac and hence the TAC itself is not exceeded.

ref,ms
ref,ms/Dref,ms

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(e) The values calculated in paragraph (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 paragraph (e)

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

(h)  Each  of  the  values  calculated  in  paragraph  (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  managing  certain  fleet  segments  with  effort  limits  under  the  MAGPs  ,
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.

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