Proposal for a Council Regulation establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula and amending Regulation (EC) No 850/98
Date: 2003-12-23
Institutions: European Commission
Subjects: Spain, catch quota, common fisheries policy, conservation of fish stocks, crustacean, fishery resources, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.12.2003
COM(2003) 818 final

2003/0318 (CNS)

Proposal for a

COUNCIL REGULATION

establishing measures for the recovery of the Southern hake and Norway lobster stocks
in the Cantabrian Sea and Western Iberian peninsula and amending
Regulation (EC) No 850/98

(presented by the Commission)

EN

  EN

EXPLANATORY MEMORANDUM

This  proposal  establishes  measures  for  the  recovery  of  the  southern  hake  stock  and  the
Norway  lobster  stocks  in  the  Cantabrian  Sea  and  Western  Iberian  peninsular  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.

The southern hake stock and the  Norway  lobster stocks covered by this proposal overlap to
such an extent that it is 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 six 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  advise  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  the  southern  hake  stock  what  the  maximum  fishing  mortality  rate
should be to ensure its recovery within the chosen time frame. The total allowable catch will
then be calculated based on this. For Norway lobster the total allowable catch will be set such
that the resulting reduction in fishing is equivalent in relative terms to that of southern hake.

Scientists  have  indicated  that  while  the  estimated  relative  development  in  the  size  of  the
southern hake stock is very accurate the estimates of the absolute sizes of this stock are very
uncertain. No estimates for absolute stock sizes are available for the Norway lobster stocks.
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 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 effort gradually over time
and setting the TACs consistent herewith  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  finalised,  when  the  concerned  stocks  are  considered  to  be  within  safe
biological limits, regardless of whether the limit of F0.1 has been reached.

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.

2

 
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. On 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.

In simple terms the system works as follows:

(cid:1)  first  the  overall  historical  fishing  effort  of  all  vessels  catching  southern  hake  and/or

Norway lobster 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  States  share  of  the  total  landings  of  Southern  hake  and  taking  into  account
differences in catchability.

These  effort  limits,  expressed  in  kilowatt-days,  will  be  distributed  among  their  vessels  by
Member States. They will be fully transferable 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.

Chapter  V  outlines  the  technical  measures  that  will  be  implemented  to  supplement  those
above such as closed areas and the enhancement of gear selectivity in the main fisheries. The
conservation merit of existing national measures has been considered.

Chapter VI final provisions

The measures implemented by this Regulation for the recovery of southern hake and Norway
lobster  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 these stocks.

3

 
2003/0318 (CNS)

Proposal for a

COUNCIL REGULATION

establishing measures for the recovery of the Southern hake and Norway lobster stocks
in the Cantabrian Sea and Western Iberian peninsula and amending
Regulation (EC) No 850/98

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)

Recent scientific advice from the International Council for the Exploration of the Sea
(ICES)  has  indicated  that  the  Southern  hake  and  Norway  lobster  stocks  in  ICES
Divisions VIIIc and  IXa  have  been  subjected  to levels  of  mortality by  fishing  which
have eroded the quantities of  mature  individuals  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 by the Scientific Technical and Economic Committee for Fisheries (STECF),
in the light of the most recent advice from ICES, 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  recovery  and  the  targets  should  be  expressed  in
terms of fishing mortality rates.

1

2

3

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

4

 
                                                
(6)

(7)

(8)

(9)

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

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) of the stocks concerned, and a system including  closed areas and  limitations
on  kilowatt-days  whereby  fishing  efforts  on  those  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.

(10)

The  recovery  of  Norway  lobster  stocks  requires  certain  areas  of  reproduction  of  the
species to be protected from fishing. Therefore Council Regulation (EC) No 850/98 of
30  March  1998  for  the  conservation  of  fishery  resources  through  technical
conservation measures for the protection of juveniles of marine organisms5 should be
amended accordingly,

HAS ADOPTED THIS REGULATION:

CHAPTER I
SUBJECT- MATTER AND OBJECTIVE

Article 1

Subject-matter

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

(a)

(b)

(c)

4

5

the Southern hake stock which inhabits Divisions VIIIc and IXa, as delineated by the
International Council for the Exploration of the Sea (ICES);

the Norway lobster stock which inhabits ICES Division VIIIc;

the Norway lobster stock which inhabits ICES Division IXa .

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).
OJ  L  125,  27.4.1998,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  973/2001  (OJ  L  137,
19.5.2001, p. 1).

5

 
                                                
Article 2

Objective of the recovery plan

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

1.

2.

3.

1.

2.

3.

1.

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
measures  on  the  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
stocks  concerned  have  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
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 in order 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  for  each  of  the  stocks
concerned.

The TAC for the Southern hake stock shall be set in accordance with Article 5.

The TAC for the Norway lobster stocks shall be set in accordance with Article 6.

Article 5

Procedure for setting the TAC for the Southern hake stock

Where the fishing mortality rate for the Southern hake stock has been estimated by
the STECF in the light of the most recent report of ICES to be above 0.17 per year,
the  TAC  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  10%  in  the  fishing  mortality  rate  in  the  year  of  its

6

 
application  as  compared  with  the  fishing  mortality  rate  estimated  for  the  preceding
year.

2.

Where the fishing mortality rate for the Southern hake stock has been estimated by
the STECF in the light of the most recent report of ICES to be equal to or below 0.17
per  year, the TAC 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 0.15 per year in the year of its application.

Article 6

Procedure for setting the TACs for the Norway lobster stocks

Based  on  the  latest  scientific  evaluation  of  the  STECF,  the  TACs  for  the  Norway  lobster
stocks shall be set at a level that will result in the same relative change in its fishing mortality
rate  as  the  change  in  fishing  mortality  rate  achieved  for  Southern  hake  when  applying
Article 5.

Article 7

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  or  Article  6  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  or  Article  6  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  or  Article  6  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  or  Article  6  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.

7

 
CHAPTER III
Fishing effort limitation

Article 8

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 stocks concerned in the forthcoming year.

Article 9

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  Norway  lobster  and/or  Southern  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 2930/866;

(c)

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

(d)

the quantity of Southern hake landed in tonnes;

(e)

the quantity of Norway lobster 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 October 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  November  2004  at  the  latest  in  respect  of  the

6

OJ L 274, 25.9.1986, p. 1.

8

 
                                                
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 10

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 9;

the  total  of  the  average  number  of  kilowatt-days  for  vessels  included  in  the
database referred to in Article 9 as the sum of the average number of kilowatt-
days calculated in point (a).

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/EC7.

The results of the calculations shall be communicated to the Commission within the
same deadlines as those indicated in Article 9(3).

2.

3.

Article 11

Allocation of kilowatt-days

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.

Article 12

List of vessels

1.

2.

Within  two  months  of  the  Council  decision  referred  to  in  Article  8,  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.

Until a Member State communicates lists to the Commission under paragraph 1, the
list 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  9  for  the  most  recent  reference
period.

7

OJ L 175, 3.7.1997, p. 27.

9

 
                                                
Article 13

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  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 one of the geographical areas referred to in Article 1 or any part of such a
period.

Article 14

Obligation of Member States

Member States shall ensure that each vessel included in the list referred to in Article 12 is not
absent from port and is present within the geographical areas referred to in Article 1 for more
than the number of days calculated under Article 13 (1).

Article 15

Prohibitions on landing and transhipping

1.

2.

A  vessel  which  has  not  been  included  in  the  list  referred  to  in  Article  12  shall  be
prohibited from landing or transhipping Southern hake or Norway lobster  caught in
the geographical areas referred to in Article 1.

Until a Member State establishes a database and communicates it to the Commission
in  accordance  with  Article  9,  all  vessels  of  that  Member  State  shall  be  prohibited
from  landing  Southern  hake  or  Norway  lobster  caught  in  any  of  the  geographical
areas referred to in Article 1.

CHAPTER IV
Monitoring, inspection and surveillance

Article 16

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 9 operating in the geographical areas referred to in Article 1.

10

 
Article 17

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’
catches of fish8, the  permitted  margin  of tolerance,  in  estimation  of  quantities,  in  kilograms
retained on board of vessels shall be 5% of the logbook figure.

Article 18

Weighing of landings

The competent authorities of a Member State shall ensure that any quantity of southern hake
exceeding  50  Kg  and/or  50  Kg  of  Norway  lobster  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 19

Separate stowage of Southern hake and Norway lobster

It shall be prohibited to retain on board a Community fishing vessel in any individual
container  any  quantity  of  Southern  hake  or  Norway  lobster  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 Southern hake and Norway lobster retained on board to be cross-checked.

Article 20

Transport of Southern hake and Norway lobster

The  competent  authorities  of  a  Member  State  may  require  that  any  quantity  of
Southern hake exceeding 50 Kg or Norway lobster 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 southern hake or Norway lobster 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 these species transported. The exemption provided for in Article
13(4)(b) of Regulation (EEC) No 2847/93 shall not apply.

8

OJ L 276, 10.10.1983, p.1.

11

 
                                                
Article 21

Specific monitoring programme

By  way  of  derogation  from  Article  34c(1)  of  Regulation  (EEC)  No  2847/93,  the  specific
monitoring programme for the stocks concerned may last for more than two years.

CHAPTER V
amendments to regulation (EC) No 850/98

Article 22

Restrictions on fishing for Norway lobster

Regulation (EC) No 850/98 is amended as follows:

The following article shall be inserted after Article 29a:

“Article 29b”

Restrictions on fishing for Norway lobster.

Fishing with bottom trawls and creels shall be prohibited in the  geographical areas bounded
by a line joining the following co-ordinates:

Box 1

Latitude 43°35N, longitude 004°45W

Latitude 43°45N, longitude 004°45W

Latitude 43°37N, longitude 005°20W

Latitude 43°55N, longitude 005°20W

Box 2:

Latitude 43°37N, longitude 006°15W

Latitude 43°50N, longitude 006°15W

Latitude 44°00N, longitude 006°45W

Latitude 43°34N, longitude 006°45W

Box 3:

Latitude 42°00N, longitude 009°00W

Latitude 42°27N, longitude 009°00W

Latitude 42°27N, longitude 009°30W

12

 
Latitude 42°00N, longitude 009°30W

Box 4:

Latitude 37°45N, longitude 009°00W

Latitude 38°10N, longitude 009°00W

Latitude 38°10N, longitude 009°15W

Latitude 37°45N, longitude 009°20W

Box 5:

Latitude 36°05N, longitude 007°00W

Latitude 36°35N, longitude 007°00W

Latitude 36°45N, longitude 007°18W

Latitude 36°50N, longitude 007°50W

Latitude 36°25N, longitude 007°50W”

CHAPTER VI
Final provisions

Article 23

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 divided by three. This value will be referred to hereinafter as “Fref”.

14

 
Part 3: Calculation of the maximum permissible kilowatt-days for each Member State9

(a) The proportion of the landings of Southern 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 database of the Member State under Article 9, the total quantity of Southern hake landed
by each Member State shall be divided by the total quantity of Southern hake  landed  by  all
Member States.

(ii) For each Member State, the quantities calculated in point (i) shall be added together and
the resultant quantity is 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
kilowatt-days for that Member State as calculated under Article 10(1)(b).

9

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 hake 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 State 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 hake by all Member States taken by an individual Member
State during the reference period.
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 P(i 
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 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 hake
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

ref,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  kilowatt-days
calculated by each Member State under Article 10(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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