Council Regulation (EC) No 388/2006 of  23 February 2006  establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay
Date: 2006-02-23
Institutions: Council of the European Union
Subjects: Atlantic Ocean, authorised catch, catch by species, conservation of fish stocks, fishing controls, fishing permit, fishing rights, sea fish, sea fishing, sustainable development

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 388/2006

of 23 February 2006

establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay
of Biscay

THE COUNCIL OF THE EUROPEAN UNION,

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)

(3)

(4)

Recent scientific advice from the International Council
for the Exploration of the Sea (ICES) has indicated that
the sole stock in ICES Divisions VIIIa and VIIIb 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 are therefore
threatened with collapse.

Measures need also to be taken to establish a multiannual
plan for the management of the sole stock in the Bay of
Biscay in accordance 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).

The objective of the plan is to ensure exploitation of Bay
of Biscay sole that provides sustainable economic, envi-
ronmental and social conditions.

Regulation (EC) No 2371/2002 requires, inter alia, that to
achieve this objective the Community apply the precau-
tionary approach in taking measures to protect and
conserve the stock, to provide for its sustainable exploi-
tation and to minimise the impact of fishing on marine
a
ecosystems.
should
progressive
an ecosystem-based
approach to fisheries management and should contribute

The Community
implementation of

aim for

(5)

(6)

(7)

(8)

(9)

to efficient
fishing activities within an economically
viable and competitive fisheries industry, providing a
fair standard of living for those who depend on fishing
the
for Bay of Biscay sole and taking into account
interests of consumers.

In order to achieve that objective 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 fishing mortality rates can be achieved
by establishing an appropriate method for the setting of
the level of Total Allowable Catch (TAC) for the stock
concerned, and a system under which fishing efforts on
this stock are restricted to a level at which the TAC is
unlikely to be exceeded.

The Scientific, Technical and Economic Committee for
Fisheries has advised that the precautionary biomass for
the sole stock in the Bay of Biscay should be 13 000
tonnes.

The Bay of Biscay sole stock is close to precautionary
biomass levels, and achieving such levels in the short
term does not require the application of a full effort-
to
management
establish measures to limit
the
stock, with a view to
this
main fleets
reducing that capacity over
the
time, ensuring that
resource recovers and preventing future effort increases.

is opportune
the total capacity of

system. However,

fishing for

it

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,

(1) 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 768/2005 (OJ L 128, 21.5.2005, p. 1).

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HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER AND OBJECTIVES

Article 1

Subject matter

Committee for Fisheries (STECF), in the light of the most recent
report from ICES, to be below 13 000 tonnes, the Council shall
decide on a TAC which, according to the STECF estimation,
shall not exceed a level of catches which will result in a 10 %
reduction in fishing mortality rate in its year of application
compared to the fishing mortality rate estimated for
the
preceding year.

1.
This Regulation establishes a multiannual plan for the
sustainable exploitation of the sole stock living in the Bay of
Biscay (hereinafter referred to as Bay of Biscay sole).

For the purpose of this Regulation ‘Bay of Biscay’ means
2.
the area of the sea delineated by the International Council for
the Exploration of the Sea (ICES) as Divisions VIIIa and VIIIb.

2. Where the spawning stock biomass of Bay of Biscay sole
has been estimated by the STECF, in the light of the most recent
report from ICES, to be equal to or above 13 000 tonnes, the
Council shall decide on a TAC which shall be set at a level of
catches which, according to the STECF estimation, is the higher
of:

Article 2

Objective of the management plan

(a) that TAC whose application conforms with the reduction in
fishing mortality rate that has been decided on by the
Council in accordance with Article 3(1)(b);

1.
The plan shall aim to bring the spawning stock biomass
of Bay of Biscay sole above the precautionary level of 13 000
tonnes
to ensure its
sustainable exploitation.

in 2008 or before and,

thereafter,

This objective shall be attained by gradually reducing the

2.
fishing mortality rate on the stock.

Article 3

Legislative measures and annual TAC setting

1.
Once the spawning stock biomass is evaluated by ICES to
be equal to or above the precautionary level of 13 000 tonnes,
the Council shall decide by qualified majority, on the basis of a
Commission proposal, on:

(a) a long-term target fishing mortality rate; and

(b) a rate of reduction in the fishing mortality rate for appli-
cation until the target fishing mortality rate decided under
(a) has been reached.

2.
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 Bay of Biscay sole.

CHAPTER II

TOTAL ALLOWABLE CATCH

Article 4

Procedure for setting the TAC

(b) that TAC whose application will result in the target fishing
mortality rate that has been decided on by the Council in
accordance with Article 3(1)(a).

3. Where application of paragraph 1 or 2 of this Article
would result
the
preceding year by more than 15 %, the Council shall adopt a
TAC which is 15 % greater than the TAC of that year.

in a TAC which exceeds

the TAC of

4. Where application of paragraph 1 or 2 would result in a
the
TAC which is more than 15 % less than the TAC of
preceding year, the Council shall adopt a TAC which is 15 %
less than the TAC of that year.

CHAPTER III

FISHING EFFORT LIMITATION

Article 5

Special fishing permit concerning Bay of Biscay sole

1. Member States shall ensure that fishing activities which
than
lead to catches and retention on board of more
2 000 kg of sole in ICES Divisions VIIIa and VIIIb each
calendar year by vessels flying their flag and registered in
their territory shall be subject to a Bay of Biscay sole fishing
permit. This permit shall be a special fishing permit issued in
accordance with Article 7 of Council Regulation (EC) No
1627/94 of 27 June 1994 laying down general provisions
concerning special fishing permits (1).

1. Where the spawning stock biomass of Bay of Biscay sole
has been estimated by the Scientific, Technical and Economic

(1) OJ L 171, 6.7.1994, p. 7.

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shall be
2. Within ICES Divisions VIIIa
prohibited to catch and to retain on board, to tranship or to
land any quantity of sole in excess of 100 kg in each sea trip,
unless the vessel in question holds a Bay of Biscay sole fishing
permit.

and VIIIb it

3.
Each Member State shall calculate the aggregate capacity,
in gross tonnes, of its vessels which, in 2002, 2003 or 2004,
landed more than 2 000 kg of Bay of Biscay sole. This value
shall be communicated to the Commission.

Article 6

Alternative procedure for effort management

1.
By way of derogation from Article 5, a Member State
whose quota for Bay of Biscay sole is less than 10 % of the
TAC may implement a different method of effort management.
This method shall establish a reference level of fishing effort
equal to the fishing effort deployed in the year 2005. The
Member States concerned shall ensure that fishing effort does
not exceed the reference level in 2006 and subsequent years.

Upon written request

from the Commission, Member
4.
States shall provide, within 30 days, documentation of
the
catch records made by vessels to which Bay of Biscay sole
fishing permits have been granted.

A Member State taking up the derogation in paragraph 1
2.
of this Article may be requested by the Commission to provide
a report on the implementation of any different method of
effort management. The Commission will communicate this
report to all other Member States.

Each year Member States shall calculate the aggregate
5.
capacity,
in gross tonnes, of vessels holding a Bay of Biscay
sole fishing permit which, since the entry into force of this
Regulation, have been subject
to a permanent cessation of
fishing activity with State aid under the provisions of Article
7 of Council Regulation (EC) No 2792/1999 of 17 December
1999 laying down the detailed rules
and arrangements
regarding Community structural assistance in the fisheries
sector (1).

Each Member State shall only issue Bay of Biscay sole
6.
fishing permits to its vessels if the aggregate capacity of those
vessels does not exceed the difference between the aggregate
capacity determined in accordance with paragraph 3 of this
Article and the capacity of vessels
to permanent
fishing activity determined in accordance with
cessation of
paragraph 5.

subject

By way of derogation from paragraph 6, where the
7.
Commission has decided, on the basis of scientific reports
from the STECF, that the target fishing mortality rate defined
in Article 3(1) has been achieved, each Member State shall only
issue Bay of Biscay sole fishing permits to its vessels if the
aggregate capacity of
those vessels does not exceed the
aggregate capacity of vessels holding Bay of Biscay sole
permits in the previous year.

8.
Bay of Biscay sole fishing permits shall be valid for a
period of one calendar year and no new fishing permits shall
be issued during the fishing year.

9.
By way of derogation from paragraph 8 of this Article,
new permits may be issued, provided that permits are simulta-
the same
neously withdrawn from one or more vessels of
aggregate gross
the vessel or vessels
receiving the new permits.

tonnage as

that of

For the purposes of paragraph 1, fishing effort shall be
3.
measured as the sum,
in any calendar year, of the products,
calculated for every relevant vessel, of installed engine power
measured in kW and the number of days fishing in the area.

4.
In 2009 and in each third successive year the Council
shall decide, by qualified majority and on the basis of a
proposal
to reference
levels established under paragraph 1. Such revisions shall aim
to ensure an appropriate allocation of fishing opportunities.

from the Commission, on revisions

5.
At the request of a Member State, the maximum annual
fishing effort fixed under paragraph 1 may be adjusted by the
Commission to allow the Member State to take up fully its
fishing possibilities for Bay of Biscay sole. The request shall
be accompanied by information on the availability of quotas
and on effort. Decisions shall be taken by the Commission
in accordance
within six weeks of the receipt of the request,
with the procedure referred to in Article 30(2) of Regulation
(EC) No 2371/2002.

CHAPTER IV

MONITORING, INSPECTION AND SURVEILLANCE

Article 7

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'
tolerance in
catches of
estimates of the quantities, in kilograms of live weight, of Bay
of Biscay sole retained on board vessels, shall be 8 % of the log-
book figure. The conversion factor adopted by the Member
State whose flag the vessel is flying shall apply.

the permitted margin of

fish (2),

(1) OJ L 337, 30.12.1999, p. 10. Regulation as last amended by Regu-

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

lation (EC) No 485/2005 (OJ L 81, 30.3.2005, p. 1).

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

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Article 8

Weighing of landings

The competent authorities of a Member State shall ensure that
in the Bay of Biscay
any quantity of common sole caught
exceeding 300 kg shall be weighed using auction room scales
before sale.

Article 9

Prior notification

The master of a Community fishing vessel that has been present
in the Bay of Biscay who wishes to tranship any quantity of sole
retained on board or to land any quantity of sole in a port or a
landing location of a third country shall provide the competent
authorities of the flag Member State at least 24 hours prior to
transhipping or to landing in a third country, with the following
information:

(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 kilograms live weight of all species of

which more than 50 kg is retained on board.

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

Article 10

Separate stowage of common sole

It shall be prohibited to retain on board a Community
1.
in any individual container any quantity of
fishing vessel
common sole mixed with any other species of marine organism.

2.
The masters of Community fishing vessels shall give
inspectors from Member States such assistance as will enable
the quantities declared in the log-book and the catches of
common sole retained on board to be cross-checked.

Article 11

Transport of common sole

1.
The competent authorities of a Member State may require
that any quantity of common sole exceeding 300 kg caught in
any of the geographical areas referred to in Article 1 and first

landed in that Member State be weighed before being trans-
ported elsewhere from the port of first landing.

2.
By way of derogation from Article 13 of Regulation (EEC)
No 2847/93, quantities of common sole 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
that Regulation
declarations provided for in Article 8(1) of
pertaining to the quantities of
the sole transported. The
exemption provided for in Article 13(4)(b) of that Regulation
shall not apply.

CHAPTER V

FOLLOW-UP

Article 12

Evaluation of management measures

The Commission shall seek scientific advice from the STECF on
the rate of progress towards the targets of the management plan
in the third year of application of this Regulation and in each
this Regulation. The
third successive year of application of
relevant
shall, where
Commission
measures, and the Council shall decide by qualified majority
on alternative measures
to achieve the target detailed in
Article 2.

appropriate,

propose

Article 13

Special circumstances

suffering reduced reproductive capacity,

If the STECF advises that the spawning stock size of Bay of
the
Biscay sole is
Council shall decide by qualified majority on the basis of a
proposal from the Commission on a TAC that is lower than
that provided for in Article 4.

CHAPTER VI

FINAL PROVISIONS

Article 14

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, 23 February 2006.

For the Council
The President

E. GEHRER