Corrigendum to Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the northern hake stock (OJ L 150, 30.4.2004)
Date: 2004-05-24
Institutions: Council of the European Union
Subjects: North Sea, authorised catch, conservation of fish stocks, fishery management, fishery resources, fishing area, fishing controls, sea fish

24.5.2004

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Official Journal of the European Union

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CORRIGENDA

Corrigendum to Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery
of the northern hake stock

(Official Journal of the European Union L 150 of 30 April 2004)

Regulation (EC) No 811/2004 should read as follows:

COUNCIL REGULATION (EC) No 811/2004

of 21 April 2004

establishing measures for the recovery of the northern hake stock

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),

Whereas:

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.

stock in question inhabits

The
the
Skagerrak, the North Sea, the Channel, waters to the
west of Scotland and all around Ireland and the Bay of
Biscay.

the Kattegat,

Measures need to be taken to establish a multiannual
plan for the recovery of this stock.

It is expected that recovery of this stock under the condi-
tions of this Regulation will take between five and 10
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.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Such control of
the fishing mortality rate can be
achieved by establishing an appropriate method for the
total allowable catches
the level of
establishment of
(TACs) of the stock concerned.

Once recovery has been achieved 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 fisheries resources under the common
fisheries policy (2).

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

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes a recovery plan for the northern
hake stock which inhabits the ICES division III a, ICES subarea
IV, ICES divisions V b (Community waters), VI a (Community
waters), ICES subarea VII and ICES divisions VIII a, b, d, e (the
northern hake stock).

Article 2

Purpose of the recovery plan

In order to achieve that objective, 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.

The recovery plan referred to in Article 1 shall aim to increase
the northern hake stock
the quantities of mature fish of
concerned to values equal to or greater than 140 000 tonnes.

(1) Opinion delivered on 11 February 2004 (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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Article 3

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 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 (EC) No 2371/2002.

Article 4

Setting of 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
100 000 tonnes.

Article 5

Procedure of setting TACs

Each year, the Council shall decide by qualified majority
from the Commission on a TAC for the

1.
on a proposal
following year for the northern hake stock concerned.

For 2004, the TAC shall be set at a level corresponding
2.
to a fishing mortality of 0,25, 4 % less than status quo fishing
mortality. For the subsequent years of the recovery plan, the
TAC shall not exceed a level of catches which scientific evalua-
tions carried out by the STECF, in the light of the most recent
reports of ICES, indicate will correspond to a fishing mortality
rate of 0,25.

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 lead to a decrease in spawning stock biomass in
its year of application.

4. 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 Commission will 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 not later than three
years following the adoption of this Regulation with the aim of
ensuring that the objectives of the recovery plan are achieved.

Except for the first year of application of this Regulation,

5.
the following rules shall apply:

(a) where the rules provided for in paragraph 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;.

(b) where the rule provided for in paragraph 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.

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 100 000
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 of the
northern hake stock concerned, at the end of the year of
application of the TAC to a quantity equal to or greater
than 100 000 tonnes;

(b) where the application of Article 5 is not expected to result
in an increase in the quantities of mature fish of
the
northern hake stock concerned, at the end of the year of
application of the TAC, to a quantity equal to or greater
than 100 000 tonnes, the Council shall decide by a quali-
fied 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 on
Article 5.

Article 7

Recording and accounting of time spent in the areas

Notwithstanding Article 19a of Regulation (EEC) No 2847/93,
Articles 19e and 19k of that Regulation shall apply to vessels
operating in the geographical area referred to in Article 1.

Article 8

Prior notification

1.
The master of a Community fishing vessel, or his/her
representative, prior to any entry in to port or any landing
location of a Member State with more than two tonnes 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 name of the port or landing location;

(b) the estimated time of arrival at that port or landing loca-

tion;

(c) the quantities in kilograms live weight of regulated 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 two tonnes of northern hake is to be
made, may require that the discharge of catch retained on
board shall not commence until authorised by those authori-
ties.

3.
The master of a Community fishing vessel, or his/her
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 transmit to the competent authori-
ties of the flag Member State at least four hours prior to trans-
hipment or discharge at sea or to landing in a third country the
information referred to in paragraph 1.

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Article 9

Designated ports

1. 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.

2.
Each Member State shall designate ports at which any
landing of northern hake in excess of two tonnes shall take
place.

3.
Each Member State shall transmit to the Commission by
4 June 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 northern hake within each
landing. The Commission shall transmit the information to all
Member States.

Article 10

Margin of tolerance

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 of northern hake, in kilograms retained on
board, shall be 8 % of the logbook figure. In the event that no
conversion factor is laid down in Community legislation, the
conversion factor adopted by the Member State whose flag the
vessel is flying shall apply.

Article 11

Separate stowage

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

Article 12

Transport

1.
The competent authorities of a Member State may require
that any quantity of northern hake caught in the geographical
area defined in Article 1 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 northern
hake first landed in a port designated under Article 9, represen-
tative 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, by 20 June 2004, 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
northern hake greater than 50 kg which are transported to a
place other than that of first landing or import shall be accom-
panied by a copy of the declaration provided for in Article 8(1)
of that Regulation pertaining to the quantities of northern hake
transported.

Article 13

Specific monitoring programme

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

the specific monitoring programme for

Article 14

Entry into force

into force on the 20th day
This Regulation shall enter
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 Luxembourg, 21 April 2004.

For the Council

The President

J. WALSH

(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).