Proposal for a Council Regulation establishing a rebuilding plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation
Date: 2004-10-07
Institutions: European Commission
Subjects: North-West Atlantic Fisheries Organisation, authorised catch, common fisheries policy, conservation of fish stocks, fishing area, fishing regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 07.10.2004 
COM(2004) 640 final 

2004/0229 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a rebuilding plan for Greenland halibut in the framework of 
the Northwest Atlantic Fisheries Organisation 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  European  Community  is  a  Contracting  Party  to  the  Northwest  Atlantic  Fisheries 
Organisation (NAFO) since 1979. 

After the closure of the main groundfish fisheries in the early 1990’s, the Greenland halibut 
fishery  constitutes  the  main  fishery  for  the  EC  fleet  in  NAFO  waters.  The  EC  is  the  major 
player in this fishery, holding 55 % of the quota in international NAFO waters. 

In June 2003, the Scientific Council of NAFO advised that the Greenland halibut stock was in 
a  poorer  state  than  expected  previously.  Earlier  good  year  classes  had  now  been  fished  out 
and the expected poorer year classes in the short and medium term would require a substantial 
reduction of fishing effort in order to avoid a collapse of this stock in the future. 

At  its  2003  Annual  Meeting,  held  in  Halifax,  Canada,  the  Fisheries  Commission  of  NAFO 
adopted a 15 year rebuilding plan for Greenland halibut in NAFO Sub-area 2 and Divisions 
3KLMNO. The objective of this rebuilding plan is to attain a level of exploitable biomass of 
five years and older of 140.000 tonnes on average, allowing a stable yield over the long term 
for this stock.  

In order to obtain this goal, the rebuilding plan foresees a progressive reduction of the TAC: 
42.000 tonnes in 2003, 20.000 tonnes in 2004, 19.000 tonnes in 2005, 18.500 tonnes in 2006 
and 16.000 tonnes in 2007. The total allowable catch for subsequent years shall be established 
taking into account the progress made in the rebuilding of the stock and may be adjusted on 
the basis of the Scientific Council advice. The plan also foresees additional control measures 
to ensure the effectiveness of the plan. 

The  plan  was  implemented  into  Community  law  on  a  provisional  basis  by  the  Council  in 
Regulation  2287/2003  of  19  December  2003  fixing  for  2004  the  fishing  opportunities  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. 

It  is  therefore  necessary  to  implement  this  Plan  by  way  of  the  adoption  of  a  Council 
Regulation implementing multi-annual measures for Greenland halibut for the entire duration 
of this rebuilding plan. 

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2004/0229 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a rebuilding plan for Greenland halibut in the framework of 
the Northwest Atlantic Fisheries Organisation 

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) 

Under  Council  Regulation  (EEC)  No  3179/78  of  28  December  1978  concerning  the 
conclusion  by  the  European  Economic  Community  of  the  Convention  on  Future 
Multilateral  Co-operation  in  the  Northwest  Atlantic  fisheries3,  that  Convention  (“the 
NAFO Convention”), was approved by the Community. 

The  NAFO  Convention  provides  an  appropriate  framework  for  multilateral 
co-operation on the rational conservation and management of fishery resources in the 
area defined by it. 

At  its  June  2003  meeting,  the  Scientific  Council  of  the  NAFO  advised  that  the 
Greenland halibut stock was declining rapidly and recommended a sharp reduction of 
the TAC level. 

At  its  25th  Annual  Meeting  of  15  to  19  September  2003,  the  Northwest  Atlantic 
Fisheries Organisation the “NAFO” adopted a 15-year rebuilding plan for Greenland 
halibut  in  NAFO  Sub-area  2  and  Divisions  3KLMNO  (“the  rebuilding  plan”).  The 
rebuilding  plan  pursues  the  same  objectives  as  the  recovery  plans  provided  for  in 
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 Policy4. 

1 
2 
3 

4 

OJ C [...], [...], p. [...]. 
OJ C [...], [...], p. [...]. 
OJ L 378, 30.12.1978, p. 1.  Regulation  as  amended  by  Regulation  (EEC)  No.  653/80  (OJ L 74, 
20.3.1980, p. 1). 
OJ L 358, 31.12.2002, p. 59. 

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(5) 

(6) 

(7) 

(8) 

(9) 

In order to rebuild the stock, the rebuilding plan provides for a reduction of the TAC 
level  until  2007  as  well  as  control  measures  to  ensure  the  effectiveness  of  the 
rebuilding plan. 

The  rebuilding  plan  was  implemented  on  a  provisional  basis  in  Council  Regulation 
2287/2003  of  19  December  2003  fixing  for  2004  the  fishing  opportunities  and 
associated conditions for certain fish stocks and groups of fish stocks, applicable in the 
Community waters and, for Community vessels, in waters where catch limitations are 
required5,  pending  the  adoption  of  a  Council  Regulation  implementing  multi-annual 
measures to rebuild the Greenland halibut stock. 

It  is  therefore  necessary  to  implement  the  rebuilding  plan  on  a  permanent  basis.  To 
that end a procedure should be determined for the transmission of the list of vessels to 
which a special fishing permit has been issued in accordance with Council Regulation 
(EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special 
fishing permits6. 

To  comply  with  the  control  measures  of  the  rebuilding  plan,  reporting  obligations 
should  be  imposed  on  masters  of  Community  vessels,  as  well  as  an  obligation  for 
Member States to allocate its quota among its authorised vessels. 

Additional  control  measures  are  required  to  ensure  an  effective  implementation  at 
Community level and to ensure coherence with recovery plans adopted by the Council 
in  other  areas.  Such  measures  should  include  an  obligation  for  prior  notification  of 
entry into port designated by Member States and to limit margins of tolerance, 

HAS ADOPTED THIS REGULATION: 

Article 1 
Subject-matter 

This  Regulation  lays  down  the  general  rules  and  conditions  for  the  application  by  the 
Community  of  a  rebuilding  plan  for  the  Greenland  halibut  stock  in  NAFO  Sub-area  2  and 
Divisions 3KLMNO. 

The objective of that rebuilding plan shall be to attain a level of exploitable biomass of five 
years and older of 140 000 tonnes on average allowing a stable yield over the long term in the 
Greenland halibut fishery.  

Article 2 
Definitions 

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

(a) 

“NAFO  Sub-area  2”  means  the  geographic  area  defined  in  Annex III  3(a)  of  the 
NAFO Convention; 

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OJ L 344, 31.12.2003, p. 1. 
OJ L 171, 6.7.1994, p. 7. 

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(b) 

“Divisions  3KLMNO”  means  the  geographic  area  defined  in  Annex  III  4(b)  of  the 
NAFO Convention. 

Article 3 
Total Allowable Catches (TACs) 

1. 

The  Total  Allowable  Catches  (“TACs”)  for  the  Greenland  halibut  stock  in  NAFO 
Sub-area 2 and Divisions 3KLMNO shall be the following: 

(a) 

19 000 tonnes in 2005; 

(b)  18 500 tonnes in 2006; 

(c) 

16 000 tonnes in 2007. 

However,  where  it  is  decided  by  NAFO  that  those  TAC  levels  will  not  ensure  a 
sustainable  fishery  of  that  stock,  the  Council,  acting  by  a  qualified  majority  on  a 
proposal  from  the  Commission,  shall  adjust  the  TAC  provided  for  in  the  first 
subparagraph in conformity with the decision by NAFO.  

2. 

Quotas  shall  be  allocated  by  Council  to  the  Member  States  in  conformity  with  the 
procedure referred to in Article 20 (1) of Regulation (EC) No 2371/2002.  

Article 4 
Prohibition concerning Greenland halibut 

It  shall  be  prohibited  for  Community  fishing  vessels  to  fish  Greenland  halibut  in  NAFO 
Sub-area 2  and  Divisions  3KLMNO  and  to  retain  on  board,  trans-ship  or  land  Greenland 
halibut fished in that zone if they 

(a) 

(b) 

1. 

2. 

3. 

do not carry a special fishing permit issued by their flag Member State and  

are not entered into the NAFO vessel register. 

Article 5 
Special fishing permits for Greenland halibut stock 

Member State shall ensure that vessels to which a special fishing permit referred to 
in Article 4 has been issued are included in a list containing their name and internal 
number as defined in Annex I to Regulation (EC) No 2090/987. 

Each Member State shall send to the Commission the list provided for in paragraph 1 
and all subsequent amendments in a computer readable form. 

Amendments  to  the  list  provided  for  in  paragraph 1  shall  be  transmitted  to  the 
Commission at least five days prior to the date that the vessel newly inserted in that 

7 

OJ L 266, 1.10.1998, p. 27. 

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list  enters  NAFO  Sub-area  2  and  Divisions  3KLMNO.  The  Commission  shall 
promptly forward amendments to the NAFO Secretariat. 

4. 

Each Member State shall allocate its quota for Greenland halibut among its vessels 
included  in  the  list  referred  to  in  paragraph  1.  Member  States  shall  inform  the 
Commission of the allocation of quotas not later than 15 December each year. 

Article 6 
Reports 

1. 

Masters  of  fishing  vessels  referred  to  in  Article  5  (1)  shall  transmit  to  the  flag 
Member State the following reports on: 

(a) 

the  quantities  of  Greenland  halibut  retained  on  board  when  the  Community 
vessel enters NAFO Sub-area 2 and Divisions 3KLMNO. That report shall be 
transmitted not earlier than 12 hours and not later than 6 hours in advance of 
each entry of the vessel to that zone; 

(b)  weekly quantities of Greenland halibut retained on board. That report shall be 
transmitted  for  the  first  time  no  later  than  midnight  on  the  seventh  day 
following  the  date  of  the  entry  of  the  vessel  into  NAFO  Sub-area 2  and 
Divisions  3KLMNO,  or,  when  the  vessel  is  operating  more  than  seven  days 
within NAFO Sub-area 2 and Divisions 3KLMNO, at the latest on Monday for 
catches that have been taken in the NAFO Sub-area 2 and Divisions 3KLMNO 
during the preceding week ending at midnight on Sunday; 

(c) 

(d) 

the  quantities  of  Greenland  halibut  retained  on  board  when  the  Community 
vessel  exits  NAFO  Sub-area 2  and  Divisions  3KLMNO.  That  report  shall  be 
transmitted not earlier than 12 hours and not later than 6 hours in advance of 
each  departure  of  the  vessel  from  that  zone  and  shall  include  the  number  of 
fishing days and the total catches in that zone; 

the  quantities  loaded  and  unloaded  for  each  trans-shipment  of  Greenland 
halibut during the vessel’s stay in NAFO Sub-area 2 and Divisions 3KLMNO. 
Those reports shall be transmitted no later than 24 hours after the completion 
of the trans-shipment. 

Member States shall, upon receipt, transmit the reports provided for in point (a), (c) 
and (d) of paragraph 1 to the Commission. 

When  quantities  of  Greenland  halibut  reported  in  accordance  with  paragraph 1 
point (b) are deemed to have exhausted 70 % of the Member States’ quota, masters 
shall take transmit the reports referred to in point (b) on a daily basis. 

Article 7 
Separate storage of Greenland halibut 

The daily quantities of Greenland halibut retained on board during the vessel’s stay 
in  NAFO  Sub-area 2  and  Divisions  3KLMNO  shall  be  stored  on  board  separately 
from the other catches and clearly labelled. 

2. 

3. 

1. 

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2. 

The masters of fishing vessels shall provide the necessary assistance to inspectors of 
Member  States  to  enable  the  catches  of  Greenland  halibut  from  NAFO  Sub-area  2 
and  Divisions  3KLMNO  declared  in  the  logbook  and  retained  on  board  to  be 
cross-checked for verification purposes. 

Article 8 
Margin of tolerance in the estimation of quantities reported in the logbook 

By way of derogation from Article 5 (2) of Commission Regulation (EEC) No 2807/838 and 
Article  9  (2)  of  Commission  Regulation  (EEC)  No  2868/889,  the  permitted  margin  of 
tolerance, in the estimation of the quantities in kilograms retained on board, shall be 5 % of 
the logbook figure. 

Article 9 
Designated ports 

1. 

2. 

3. 

4. 

It shall be prohibited to land any quantities of Greenland halibut at any place other 
than ports designated by NAFO Contracting Parties. 

Member States shall designate ports in which landings of Greenland halibut may take 
place  and  shall  determine  the  associated  inspection  and  surveillance  procedures, 
including  the  terms  and  conditions  for  recording  and  reporting  the  quantities  of 
Greenland halibut within each landing. 

Member  States  shall  transmit  to  the  Commission  not  later  than  15  December  each 
year  a  list  of  designated  ports  and,  the  associated  inspection  and  surveillance 
procedures provided for in paragraph 2. The Commission shall promptly forward that 
information to the NAFO Secretariat. 

The Commission shall promptly transmit a list of the designated ports provided for in 
paragraph  2  and  the  ports  designated  by  other  NAFO  Contracting  Parties  to  all 
Member States. 

Article 10 
Prior notification 

Member  States  shall  require  masters  of  fishing  vessels  or  their  representatives,  prior  to  any 
entry into a designated port to provide the competent authorities of the Member States whose 
ports they wish to use, at least 48 hours before the estimated time of arrival at the port, with 
the following information: 

(a) 

(b) 

(c) 

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the time of arrival at the designated port; 

a copy of the special fishing permit referred to in point (a) of Article 4; 

the quantities in kilograms live weight of Greenland halibut retained on board; 

OJ L 276, 10.10.1983, p. 1. 
OJ L 257, 17.9.1988, p. 20. 

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(d) 

the zone or zones in the NAFO Area where the catch was made. 

Article 11 
Inspection in port 

1. 

2. 

3. 

4. 

Member States shall ensure that all vessels that enter a designated port to land and/or 
tranship Greenland halibut caught within NAFO Sub-area 2 and Divisions 3KLMNO 
are submitted to an inspection in port in accordance with the port inspection scheme 
of NAFO. 

It shall be prohibited to discharge and/or tranship catches from such vessels referred 
to in paragraph 1 until the inspectors are present. 

All quantities discharged shall be weighted by species before being transported to a 
cold store or another destination. 

Member States shall transmit the corresponding port inspection report to the NAFO 
Secretariat, with a copy to the Commission, within seven working days from the date 
on which the inspection was completed.  

Article 12 
Prohibition of landings and transhipments for non-Contracting Party vessels 

Member  States  shall  ensure  that  landings  and  transhipments  of  Greenland  halibut  from 
non-Contracting  Party  vessels  which  have  been  engaged  in  fishing  activities  in  the  NAFO 
Regulatory Area are prohibited. 

Article 13 
Entry into force 

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

It shall apply form 1 January 2005. 

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

Done at Brussels, 

For the Council 
The President 

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