Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks
Date: 2004-02-26
Institutions: Council of the European Union
Subjects: common fisheries policy, conservation of fish stocks, fishery resources, sea fish, stock

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Official Journal of the European Union

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COUNCIL REGULATION (EC) No 423/2004

of 26 February 2004

establishing measures for the recovery of cod stocks

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

(8)

(9)

Whereas:

Once recovery has been achieved,
the Commission
should propose, and the Council should decide upon,
follow-up measures in accordance with Article 6 of
Council Regulation (EC) No 2371/2002 of 20 December
2002 on the conservation and sustainable exploitation
of
the common fisheries
policy (2).

resources under

fisheries

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 policy (3) are required to ensure
compliance with the measures laid down in this Regu-
lation,

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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

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

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

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

Subject-matter

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

(a) cod in the Kattegat;

(b) cod in the North Sea,

in the Skagerrak and the eastern

Channel;

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

(c) cod to the west of Scotland;

(d) cod in the Irish Sea.

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

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

Such control of fishing mortality rates can be achieved
by establishing an appropriate method for the establish-
ment of the level of the total allowable catches (TACs) of
the stocks concerned, and a system whereby fishing
effort on those stocks is constrained to levels so that the
TACs are unlikely to be exceeded.

Article 2

Definitions of geographical areas

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

(a) ‘Kattegat’ means that part of division III a, as delineated by
ICES, that is bounded on the north by a line drawn from
the Skagen lighthouse to the Tistlarna lighthouse, and from
this point to the nearest point on the Swedish coast, and
on the south by a line drawn from Hasenore to Gnibens
Spids,
from Korshage to Spodsbjerg and from Gilbjerg
Hoved to Kullen;

(b) ‘North Sea’ means ICES subarea IV and that part of ICES
division III a not covered by the Skagerrak and that part of
ICES division II a which lies within waters under the sover-
eignty or jurisdiction of Member States;

(1) Opinion of 23 October 2003 (not yet published in the Official

Journal).

(2) OJ L 358, 31.12.2002, p. 59.
(3) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).

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(c) ‘Skagerrak’ means that part of ICES division III a bounded
on the west by a line drawn from the Hanstholm lighthouse
to the Lindesnes lighthouse and on the south by a line
drawn from the Skagen lighthouse to the Tistlarna light-
house and from that point to the nearest point on the
Swedish coast;

(d) ‘eastern Channel’ means ICES division VII d;

(e) ‘Irish Sea’ means ICES division VII a;

(f) ‘west of Scotland’ means ICES division VI a and that part of
ICES division V b which lies within waters under the sover-
eignty or jurisdiction of Member States.

CHAPTER II

TARGET LEVELS

Article 3

Purpose of the recovery plan

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

Stock

Target levels in tonnes

Cod in the Kattegat

Cod in the North Sea, Skagerrak and eastern
Channel

Cod to the west of Scotland

Cod in the Irish Sea

10 500

150 000

22 000

10 000

Article 4

Reaching of target levels

Where the Commission finds, on the basis of advice from ICES
and following agreement on that advice by the Scientific Tech-
nical and Economic Committee for Fisheries (STECF), that for
two consecutive years the target
for any cod stock
concerned has been reached, the Council shall decide by quali-
fied majority on a proposal from the Commission to remove
that stock from the scope of this Regulation and to establish a
management plan for that stock in accordance with Article 6
of Regulation (EC) No 2371/2002.

level

CHAPTER III

TOTAL ALLOWABLE CATCHES

Article 5

Setting of TACs

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

Stock

Minimum levels in
tonnes

Cod in the Kattegat

Cod in the North Sea, Skagerrak and eastern
Channel

Cod to the west of Scotland

Cod in the Irish Sea

6 400

70 000

14 000

6 000

Article 6

Procedure for setting TACs

1.
Each year, the Council shall decide by qualified majority,
on the basis of a proposal from the Commission, on a TAC for
the following year for each of the depleted cod stocks.

2.
The TACs shall not exceed a level of catches which a
scientific evaluation, carried out by the STECF in the light of
the most recent report of the ICES, has indicated will result in
an increase of 30 % in the quantities of mature fish in the sea
at the end of the year of their application, compared to the
quantities estimated to have been in the sea at the start of that
year.

3.
The Council shall not adopt a TAC whose capture is
predicted by the STECF, in the light of the most recent report
of the ICES, to generate in its year of application a fishing
mortality rate greater than the following values:

Concerned fish stock

Fishing mortality rate

Cod in the Kattegat

Cod in the North Sea, Skagerrak and eastern
Channel

Cod to the west of Scotland

Cod in the Irish Sea

0,60

0,65

0,60

0,72

4. Where it is expected that application of paragraph 2 will
result in a quantity of mature fish at the end of the year of
application of the TAC in excess of the quantity indicated in
Article 3, the Commission shall carry out a review of the
recovery plan and propose any adjustments necessary on the
basis of the latest scientific evaluations. Such a review shall in
any event be carried out by 16 March 2007.

5.

Except for the first year of application of this Article:

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

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

6.
Paragraphs 4 or 5 shall not apply when their application
would entail an exceeding of the values laid down in paragraph
3.

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Article 7

Setting TACs in exceptional circumstances

If no decision is taken according to paragraphs 2 and 3,
4.
the provisions of Annex V of Regulation (EC) No 2287/2003
shall continue to apply until a decision is adopted by the
Council pursuant to Article 4.

Where the quantities of mature fish of any of the cod stocks
concerned have been estimated by the STECF, in the light of
the most recent report of the ICES, to be less than the quanti-
ties set out in Article 5, the following rules shall apply:

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

(b) where the application of Article 6 is not expected to result
in an increase in the quantities of mature fish at the end of
the year of application of the TAC to a quantity equal to or
greater than the quantity indicated in Article 5, the Council
shall decide by a qualified majority, on a proposal from the
Commission, on a TAC for the following year that is lower
than the TAC resulting from the application of the method
described in Article 6.

CHAPTER IV

FISHING EFFORT LIMITATION

Article 8

Fishing effort limitations and associated conditions

1.
The TACs referred to in Chapter III shall be comple-
mented by a system of fishing effort limitation based on the
geographical areas and groupings of fishing gear, and the asso-
ciated conditions for the use of these fishing opportunities
specified in Annex V to Council Regulation (EC) No 2287/
2003 of 19 December 2003 fixing for 2004 the fishing oppor-
tunities and associated conditions for certain fish stocks and
groups of fish stocks, applicable in Community waters and, for
Community vessels,
in waters where catch limitations are
required (1).

Each year,

the Council

2.
shall decide by a qualified
majority, on the basis of a proposal from the Commission, on
adjustments to the number of fishing days for vessels deploying
gear of mesh size equal to or greater than 100 mm in direct
proportion to the annual adjustments in fishing mortality that
are estimated by ICES and STECF as being consistent with the
application of the TACs established according to the method
described in Article 6.

3.
The Council may decide by a qualified majority, on a
proposal from the Commission, on alternative arrangements
for fishing effort limitations to be applied under the recovery
plan in order to manage fishing effort consistently with the
TACs established according to the method described in Article
6.

(1) OJ L 344, 31.12.2003, p. 1.

CHAPTER V

MONITORING, INSPECTION AND SURVEILLANCE

Article 9

Fishing effort messages

Notwithstanding Article 19a of Regulation (EEC) No 2847/93,
Articles 19b, 19c, 19d and 19e and 19k of that Regulation
shall apply to vessels operating in the geographical areas
defined in Article 2 of this Regulation. However, vessels not
authorised to keep on board and use fishing gear for catching
species from stocks referred to in Article 1 of this Regulation
shall be exempt from this requirement.

Article 10

Alternative control measures

Member States may implement alternative control measures to
ensure compliance with reporting obligations
referred in
Article 9 which are as effective and transparent as these
reporting obligations. Such alternative measures shall be noti-
fied to the Commission before being implemented.

Article 11

Prior notification

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

inform the competent authorities of

(a) the name of the port or landing location;

(b) the estimated time of arrival at

that port or

landing

location;

(c) the quantities in kg live weight of all species of which more

than 50 kg is retained on board.

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

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

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Article 12

Designated ports

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

Each Member State shall designate ports into which any

2.
landing of cod in excess of two tonnes shall take place.

3.
Each Member State shall transmit to the Commission by
31 March 2004 the list of designated ports and, within 30 days
thereafter, associated inspection and surveillance procedures for
those ports, including the terms and conditions for recording
and reporting the quantities of cod within each landing.

The Commission shall transmit this information to all Member
States.

Article 13

Margin of

tolerance in the estimation of quantities

reported in the logbook

By way of derogation from Article 5(2) of Commission Regu-
lation (EEC) No 2807/83 of 22 September 1983 laying down
detailed rules for recording information on Member States
catches of fish (1), the permitted margin of tolerance, in the esti-
mation of quantities, in kg retained on board, shall be 8 % of
the logbook figure.

Article 14

Separate stowage of cod

It shall be prohibited to retain on board a Community fishing
vessel in any container any quantity of cod mixed with any
other species of marine organisms. Containers with cod shall
be stowed in the hold in such a way that they are kept separate
from other containers.

Article 15

Transport of cod

1.
The competent authorities of a Member State may require
that any quantity of cod caught in any of the geographical
areas defined in Article 2 and first landed in that Member State
is weighed in the presence of controllers before being trans-
ported elsewhere from the port of first landing. For cod first
landed in a port designated pursuant to Article 12, representa-
tive samples, amounting to at least 20 % of the landings in
number
shall be weighed in the presence of controllers
authorised by the Member States before they are offered for
first sale and sold. To this end, the Member States shall submit
to the Commission, within one month of the date of entry into
force of this Regulation, details of the sampling regime to be
employed.

2.
By way of derogation from the conditions laid down in
Article 13 of Regulation (EEC) No 2847/93, all quantities of
cod greater than 50 kg which are transported to a place other
than that of first landing or import shall be accompanied by a
copy of one of the declarations provided for in Article 8(1) of
that regulation pertaining to the quantities of cod transported.
The exemption provided for in Article 13(4)(b) of that Regu-
lation shall not apply.

Article 16

Specific monitoring programme

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

CHAPTER VI

FINAL PROVISIONS

Article 17

Entry into force

This Regulation shall enter into force on the seventh 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, 26 February 2004.

For the Council

The President

N. DEMPSEY

(1) OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Regu-

lation (EC) No 1965/2001 (OJ L 268, 9.10.2001, p. 23).