Council Regulation (EC) No 2166/2005 of  20 December 2005  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 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms
Date: 2005-12-20
Institutions: Council of the European Union
Subjects: authorised catch, conservation of fish stocks, crustacean, fishing controls, sea fish

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COUNCIL REGULATION (EC) No 2166/2005

of 20 December 2005

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 for the
conservation of fishery resources through technical measures for the protection of juveniles of
marine organisms

THE COUNCIL OF THE EUROPEAN UNION,

(STECF) to be within safe biological limits in the light of
the most recent advice from ICES.

Having regard to the Treaty
Community, and in particular Article 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

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

Whereas:

(1)

(2)

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 extent that these
stocks may not be able to replenish themselves by repro-
duction, and as result are threatened with collapse.

Measures should 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 Policy (2).

(3)

The objective of the plans should be to rebuild these
stocks to safe biological limits within 10 years.

(4)

The objective should be considered to be achieved when
the stocks concerned are assessed by the Scientific,
Fisheries
Economic Committee
Technical

and

for

(5)

In order to achieve that objective, the levels of the fishing
mortality rates should be controlled so that the rates may
be reduced from year to year.

(6)

(7)

(8)

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 may not 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 policy (3) should be included in order
to ensure compliance with the measures laid down in
this Regulation.

(9)

The recovery of Norway lobster stocks requires certain
areas of reproduction of the species to be protected from
fishing. Therefore Regulation (EC) No 850/98 (4) should
be amended accordingly,

(1) Opinion delivered on 14 April 2005 (Not yet published in the

lation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

Official Journal).

(2) OJ L 358, 31.12.2002, p. 59.

(4) OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regu-

lation (EC) No 1568/2005 (OJ L 252, 28.9.2005, p. 2).

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

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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)

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

(b) the Norway lobster stock which inhabits ICES Division

VIIIc;

that any of

3. Where the Commission finds, on the basis of the annual
evaluation,
the stocks concerned do not show
proper signs 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 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 the stocks concerned.

(c)

the Norway lobster stock which inhabits ICES Division IXa.

The TAC for the stock referred to in Article 1(a) shall be

2.
set in accordance with Article 5.

Article 2

Objective of the recovery plan

The TACs for the stocks referred to in Article 1(b) and (c)

3.
shall be set in accordance with Article 6.

The recovery plan shall aim to rebuild the stocks concerned to
within safe biological limits, in keeping with ICES information.
This shall mean:

Article 5

(a) as regards the stock referred to in Article 1(a), reaching a
spawning stock biomass of 35 000 tonnes during two
consecutive years, according to the available scientific
reports, or increasing the quantities of mature individuals
within a period of 10 years so that values are reached equal
to or higher than 35 000 tonnes. This figure shall be
adjusted in the light of new scientific data from the STECF;

(b) as regards the stocks referred to in Article 1(b) and (c),
limits

to within safe biological

rebuilding the stocks
within a period of 10 years.

Article 3

Evaluation of recovery measures

1.
The Commission shall, on the basis of advice from ICES
and STECF, evaluate the impact of the recovery measures on the
stocks concerned and the fisheries on those stocks in the second
the
year of application of
following years.

this Regulation and in each of

2. Where the Commission finds, on the basis of the annual
evaluation, that any of the stocks concerned have reached the
the Council shall decide by
objective set out
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.

in Article 2,

Procedure for setting the TAC for the Southern hake stock

1. Where the fishing mortality rate for the stock referred to
in Article 1(a) has been estimated by the STECF in the light of
the most recent report of ICES to be above 0,3 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
its application as
the fishing mortality rate in the year of
compared with the fishing mortality rate estimated for the
preceding year.

2. Where the fishing mortality rate for the stock referred to
in Article 1(a) has been estimated by the STECF in the light of
the most recent report of ICES to be equal to or below 0,3 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 0,27 per year in the year of its application.

3. Where STECF, in the light of the most recent report of
ICES, is able to calculate a level of catches corresponding to the
mortality rates specified in paragraphs 1 and 2 for only a part
of ICES Divisions VIIIc and IXa, the TAC shall be set at a level
that is compatible with both:

(a)

the level of catch corresponding to the specified mortality
rate in the area covered by the scientific advice, and

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(b) maintaining a constant ratio of catches between that area
covered by the scientific advice and the totality of Divisions
VIIIc and IXa. The ratio shall be calculated on the basis of
catches in the three years preceding the year in which the
decision is taken.

The method of calculation used shall be that provided in the
Annex to this Regulation.

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 stocks referred to in Article 1(b) and (c) 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 the stock referred to in Article 1(a) when applying Article 5.

Article 7

Constraints on variation in TACs

As from 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 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.

CHAPTER III

FISHING EFFORT LIMITATION

Article 8

Effort limitation

1.
The TACs referred to in Chapter II shall be complemented
by a system of fishing effort limitation based on the geogra-
phical areas and groupings of fishing gear, and the associated
conditions for the use of these fishing opportunities specified in
Annex IVb to Council Regulation (EC) No 27/2005 of
22 December 2004 fixing for 2005 the fishing opportunities
and associated conditions for certain fish stocks and groups of
for
fish stocks,
Community vessels,
in waters where catch limitations are
required (1).

in Community waters

applicable

and,

Each year, the Council shall decide by qualified majority
2.
on the basis of a proposal
from the Commission on an
adjustment to the maximum number of fishing days available
for vessels subject to the system of fishing effort limitation
referred to in paragraph 1. The adjustment shall be in the
same proportion as the annual adjustment in fishing mortality
that is estimated by ICES and STECF as being consistent with
the application of
the fishing mortality rates established
according to the method described in Article 5.

3.
By way of derogation from paragraphs 1 and 2, each
Member State concerned may implement a different method
of effort management in that part of Area IXa lying east of
longitude 7°23′48″ W as measured according to the WGS84
standard. Such a method shall establish a reference level of
fishing effort equal to the fishing effort deployed in the year
2005. For 2006 and subsequent years, the fishing effort shall be
adjusted by an amount
that shall be decided by qualified
majority by the Council on the basis of a proposal by the
Commission. This
after
considering the most recent advice from STECF in the light of
the most recent report from ICES. In the absence of a decision
by the Council, Member States concerned shall ensure that the
fishing effort does not exceed the reference level.

adjustment

proposed

shall

be

4.
Each Member State taking up the derogation in paragraph
3 may be requested by the Commission to provide a report on
the
effort
management. The Commission will communicate this report
to all other Member States.

any different method of

implementation of

For the purposes of paragraph 3, fishing effort shall be
5.
in any calendar year, of the products
measured as the sum,
across all
installed engine power
measured in kW and their number of days fishing in the area.

relevant vessels of

their

CHAPTER IV

MONITORING, INSPECTION AND SURVEILLANCE

Article 9

Margin of tolerance

1.
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 fish (2), the permitted margin of tolerance, in
estimation of quantities of the stocks concerned, in kilograms
retained on board of vessels shall be 8 % of the logbook figure.
laid down in
In the event
Community legislation, the conversion factor adopted by the
Member State whose flag the vessel is flying shall apply.

that no conversion factor

is

(1) OJ L 12, 14.1.2005, p. 1. Regulation as last amended by Regulation

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

(EC) No 1936/2005 (OL L 311, 26.11.2005, p. 1).

lation (EC) No 1804/2005 (OL L 290, 4.11.2005, p. 10).

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Paragraph 1 shall not apply if the quantity of the stocks

2.
concerned on board is less than 50 kg.

Article 10

Weighing of landings

The competent authorities of a Member State shall ensure that
any quantity of the stock referred to in Article 1(a) exceeding
300 kg and/or 150 kg of the stocks referred to in Article 1(b)
and/or (c) caught in any of the areas referred to in Article 1
shall be weighed using auction room scales before sale.

Article 11

Prior notification

The master of a Community fishing vessel that has been present
in the areas referred to in Article 1 and who wishes to tranship
any quantity of the stocks concerned that is retained on board,
or to land any quantity of the stocks concerned in a port or a
landing location of a third country, shall provide the competent
authorities of the flag Member State with the following infor-
mation at least 24 hours prior to transhipping or to landing in
a third country:

and/or (c) exceeding 150 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.

2.
By way of derogation from Article 13 of Regulation (EEC)
No 2847/93, quantities of the stock referred to in Article 1(a)
exceeding 300 kg 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 Regu-
lation (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.

Article 14

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 from its date of
entry into force.

CHAPTER V

— the name of the port or landing location,

AMENDMENTS TO REGULATION (EC) NO 850/98

Article 15

— the estimated time of arrival at that port or landing location,

Restrictions on fishing for Norway lobster

— the quantities in kilograms live weight of all species of

which more than 50 kg is retained onboard.

This notification may also be made by a representative of the
master of the fishing vessel.

Article 12

Separate stowage of Southern hake and Norway lobster

1. When quantities of the stock referred to in Article 1(a)
it shall be
greater than 50 kg are stowed on board a vessel,
prohibited to retain on board a Community fishing vessel in a
container any quantity of the stocks referred to in Article 1
mixed with any other species of marine organisms.

The masters of Community fishing vessels shall give
2.
Member States’
inspectors such assistance as will enable the
quantities declared in the logbook and the catches of
the
stocks concerned that are retained on board to be cross-
checked.

Article 13

Transport of Southern hake and Norway lobster

The competent authorities of a Member State may require
1.
that any quantity of
the stock referred to in Article 1(a)
exceeding 300 kg or the stocks referred to in Article 1(b)

The following Article shall be inserted in Regulation (EC)
No 850/98:

‘Article 29b

Restrictions on fishing for Norway lobster

1.

During the periods set out below fishing with:

(i) bottom trawls or

similar

towed nets operating in

contact with the bottom of the sea, and

(ii) creels shall be prohibited in the geographical areas
following
as measured according to the WGS84

rhumb lines

joining

the

bounded by
positions
standard:

(a)

from 1 June to 31 August:
latitude 42°23′ N, longitude 08°57′ W
latitude 42°00′ N, longitude 08°57′ W
latitude 42°00′ N, longitude 09°14′ W
latitude 42°04′ N, longitude 09°14′ W
latitude 42°09′ N, longitude 09°09′ W
latitude 42°12′ N, longitude 09°09′ W
latitude 42°23′ N, longitude 09°15′ W
latitude 42°23′ N, longitude 08°57′ W;

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(b) from 1 May to 31 August:

latitude 37°45′ N, longitude 09°00′ W
latitude 38°10′ N, longitude 09°00′ W
latitude 38°10′ N, longitude 09°15′ W
latitude 37°45′ N, longitude 09°20′ W.

By way of derogation from the prohibition laid down
2.
in paragraph 1, fishing with bottom trawls or similar towed
nets operating in contact with the bottom of the sea in the
geographical areas and during the period set out
in
paragraph 1(b) shall be authorised provided that the by-
catch of Norway lobster does not exceed 2 % of the total
weight of the catch.

3.
By way of derogation from the prohibition laid down
in paragraph 1, fishing with creels that do not catch Norway
lobster shall be authorised in the geographical areas and
during the period set out in paragraph 1(b).

In the geographical areas and outside the periods
4.
referred to in paragraph 1, the by-catch of Norway lobster
may not exceed 5 % of the total weight of the catch.

In the geographical areas and outside the periods set
5.
out in paragraph 1, Member States shall ensure that the
fishing effort levels of vessels fishing with bottom trawls
towed nets operating in contact with the
or
similar
bottom of
fishing
the sea do not exceed the levels of
the Member State
effort carried out by the vessels of
concerned during the same periods and in the same geogra-
phical areas in 2004.

to fulfil

6. Member States shall communicate to the Commission
their measures
the obligation laid down in
If the Commission finds that the measures
paragraph 5.
of a Member State do not fulfil that obligation,
it may
propose amendments to those measures. In the absence of
agreement on measures between the Commission and the
Member State concerned,
the Commission may adopt
measures in accordance with the procedure referred to in
Article 30(2) of Regulation (EC) No 2371/2002 (*).

___________
(*) OJ L 358, 31.12.2002, p. 59.’

Article 16

Report on the recovery plan

and the Council

The Commission shall
to the European
conclusions
Parliament
relating to the application of the recovery plan for the stocks
concerned, including available socioeconomic data linked to the
plan. This report shall be submitted by 17 January 2010.

submit a report
setting out

the

CHAPTER VI

FINAL PROVISIONS

Article 17

Entry into force

This Regulation shall enter into force on the 20th 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, 20 December 2005.

For the Council
The President

M. BECKETT

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ANNEX

Method for calculating a TAC for Divisions VIIIc and IXa for Southern Hake in the event that a scientific catch
forecast is only available for part of the area

If scientific advice for catches from a subarea within Divisions VIIIc and IXa corresponding to the fishing mortality rate
specified in Article 5 is x tonnes, the average catch from the same subarea in the three previous years is y tonnes, and the
average catch from all of Divisions VIIIc and IXa in the previous three years is z tonnes, the TAC shall be calculated as
zx/y tonnes.