Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel
Date: 2007-05-07
Institutions: Council of the European Union
Subjects: English Channel, catch of fish, fishery management, fishing controls, sea fish, sustainable development

11.5.2007

EN

Official Journal of the European Union

L 122/7

COUNCIL REGULATION (EC) No 509/2007

of 7 May 2007

establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western
Channel

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 Division VIIe has been subjected to
levels of fishing mortality which have eroded the quan-
tities of mature fish in the sea to the point at which the
stocks may not be able to replenish themselves by repro-
duction and that the stocks are therefore threatened with
collapse.

Measures need to be taken to establish a multi-annual
plan for fisheries management of the sole stock in the
Western Channel.

The objective of the plan is to ensure exploitation of the
Western Channel sole stock that provides sustainable
economic, environmental and social conditions.

that

inter alia,

to achieve this objective,

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)
requires,
the
Community shall apply the precautionary approach in
taking measures to protect and conserve the stock, to
provide for its sustainable exploitation and to minimise
the impact of fishing on marine ecosystems. It shall aim
at a progressive implementation of an ecosystem-based
approach to fisheries management, and shall contribute
to efficient
fishing activities within an economically
viable and competitive fisheries industry, providing a
fair standard and taking the interests of consumers into
account.

(5)

In order to achieve this objective the Western Channel
sole stock must be brought within safe biological limits

by reducing fishing mortality rates and must be managed
in such a way that the full reproductive capacity of the
stock is maintained and a high long-term yield is
provided for.

The Scientific, Technical and Economic Committee for
Fisheries has advised that a fishing mortality rate of
0,27 is consistent with taking a high long-term yield
and achieving a low risk of depleting the productive
potential of the stock.

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), and a system whereby fishing efforts on these
stocks are restricted to levels at which the TACs are
unlikely to be exceeded.

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.

During the first stage in the years 2007, 2008 and 2009,
the multi-annual plan shall be deemed to be a recovery
plan and subsequently a management plan within the
meaning of Articles 5 and 6 of Regulation (EC) No
2371/2002,

(6)

(7)

(8)

(9)

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT-MATTER AND OBJECTIVES

Article 1

Subject-matter

This Regulation establishes a multi-annual plan for the
the stock of sole which inhabits
referred to as Western

1.
sustainable exploitation of
the Western Channel
Channel sole).

(hereinafter

(1) OJ C 33 E, 9.2.2006, p. 495.
(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 1967/2006 (OJ L 409, 30.12.2006, p. 11).

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For the purpose of

2.
means the area of
Council for the Exploration of the Sea as Division VIIe.

this Regulation ‘Western Channel’
the sea delineated by the International

Article 2

Objective

The multi-annual plan shall ensure the sustainable exploi-

1.
tation of the Western Channel sole stock.

(b) that TAC whose application will

result

in the fishing

mortality rate specified in Article 2(2).

3.
For 2013 and subsequent years, the Council shall decide
annually by qualified majority on the basis of a proposal from
the Commission on TACs for Western Channel sole at that level
of catches which, according to a scientific evaluation carried out
by STECF, will result in the fishing mortality rate specified in
Article 2(2).

2.
This objective shall be attained by achieving and main-
taining fishing mortality at a rate of 0,27 on appropriate age-
groups.

Notwithstanding paragraph 3,

4.
if STECF advises that the
fishing mortality rate specified in Article 2(2) has not been
achieved by 31 December 2012, paragraph 2 shall apply,
mutatis mutandis, for 2013, 2014 and 2015 and paragraph 3
shall apply mutatis mutandis from 2016.

CHAPTER II

TOTAL ALLOWABLE CATCHES

Article 3

Article 4

Constraints on variation in TACs

Procedure for setting the Total Allowable Catches

Starting with the first year of application of this Regulation, the
following rules shall apply:

1.
For the years 2007, 2008 and 2009 the Council shall
decide each year by qualified majority on the basis of a
proposal
from the Commission on Total Allowable Catches
level of catches
(TACs)
which, according to a scientific evaluation carried out by the
Scientific, Technical and Economic Committee for Fisheries
(STECF), is the higher of:

for Western Channel sole at

that

(a) where application of Article 3 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;

(a)

that TAC whose application will result in a 20 % reduction
in the fishing mortality rate in 2007 compared to the
average fishing mortality rate in the years 2003, 2004
and 2005 as most recently estimated by STECF;

(b) where application of Article 3 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.

(b) that TAC whose application will

result

in the fishing

mortality rate specified in Article 2(2).

2.
For the years 2010, 2011 and 2012 the Council shall
decide each year by qualified majority on the basis of a
proposal from the Commission on TACs for Western Channel
sole at that level of catches which, according to a scientific
evaluation carried out by STECF, is the higher of:

(a)

that TAC whose application will result in a 15 % reduction
in the fishing mortality rate in 2010 compared to the
average fishing mortality in the years 2007, 2008 and
2009 as most recently estimated by STECF;

CHAPTER III

FISHING EFFORT LIMITATION

Article 5

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 area and groupings of fishing gear, and the associated
conditions for the use of these fishing opportunities specified in
Annex IIc to Council Regulation (EC) No 41/2007 of 21
December 2006 fixing for 2007 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 (1).

(1) OJ L 15, 20.1.2007, p. 1. Regulation as amended by Commission

Regulation (EC) No 444/2007 (OJ L 106, 24.4.2007, p. 22).

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The Council shall decide by a qualified majority, on the
2.
basis of a proposal from the Commission, on the maximum
number of days at sea available for vessels present
in the
Western Channel and deploying beam trawls of mesh size
than 80 mm and for vessels in the
equal
Western Channel deploying static nets with mesh size equal
to or less than 220 mm.

to or greater

Article 8

Separate stowage of common sole

It shall be prohibited to retain on board a Community
in any individual container any quantity of
species of marine

1.
fishing vessel
common sole mixed with any other
organisms.

3.
The maximum number of days at sea referred to in
paragraph 2 shall be adjusted in the same proportion as the
adjustment in fishing mortality provided for in Article 3.

4.
Notwithstanding paragraph 3, the fishing effort level to be
established in each of the years 2008 and 2009 shall be main-
tained at the level established for 2007.

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

CHAPTER IV

Transport of common sole

Article 9

MONITORING, INSPECTION AND SURVEILLANCE

Article 6

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 esti-
in kilograms live weight of Western
mation of quantities,
Channel sole retained on board of vessels shall be 8 % of the
logbook figure.
If no conversion factors are laid down in
Community legislation, the conversion factor adopted by the
Member State whose flag the vessel is flying shall apply.

Article 7

Prior notification

1.
The competent authorities of a Member State may require
that any quantity of common sole exceeding 300 kg caught in
the Western Channel and first landed in that Member State is
weighed in the presence of controllers before being transported
elsewhere from the port of first landing.

By way of derogation from Article 13 of Regulation (EEC)
2.
No 2847/93, quantities bigger than 300 kg of common sole
which are transported to a place other than that of landing or
import
the
declarations provided for in Article 8(1) of Regulation (EEC)
No 2847/93 pertaining to the quantities of the sole transported.
The exemption provided for in Article 13(4)(b) of Regulation
(EEC) No 2847/93 shall not apply.

shall be accompanied by a copy of one of

The master of a Community fishing vessel that has been present
in the Western Channel or his representative who wishes to
tranship any quantity of sole retained on board or to land
any quantity of sole in a port or 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:

Article 10

Specific monitoring programme

By way of derogation from Article 34c(1) of Regulation (EEC)
No 2847/93, the specific monitoring programme for the sole
stocks concerned may last for more than two years.

(a)

the name of the port or landing location;

(b) the estimated time of arrival at that port or landing location;

CHAPTER V

FINAL PROVISIONS

Article 11

Evaluation of management measures

(c)

the quantities in kilograms live weight of all species of
which more than 50 kg is retained on board.

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

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

The Commission shall seek scientific advice from STECF on the
rate of progress towards the targets of the management plan in
the third year of application of this Regulation and each third
successive year of application of this Regulation.

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if

appropriate, propose

relevant
The Commission shall,
measures, and the Council shall decide by qualified majority
on alternative measures to achieve the objective specified in
Article 2.
In particular, the Council may amend the fishing
mortality rate specified in Article 2(2) by qualified majority
on the basis of a Commission proposal and after consulting
the European Parliament.

Article 12

Special circumstances

In the event that STECF advises that the spawning stock size of
Western Channel sole is suffering reduced reproductive capacity,
the 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 Articles 3 and 4, and effort control
measures other than those provided for in Article 5.

Article 13

European Fisheries Fund

In accordance with Article 3(1), the multi-annual plan shall be
deemed to be a recovery plan within the meaning of Article 5
of Regulation (EC) No 2371/2002 in the years 2007, 2008 and
2009, and for the purposes of Article 21(a)(i) of Regulation (EC)
No 1198/2006 (1). Subsequently, the multi-annual plan shall be
deemed to be a management plan within the meaning of Article
6 of Regulation (EC) No 2371/2002, and for the purposes of
Article 21(a)(iv) of Regulation (EC) No 1198/2006.

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, 7 May 2007.

For the Council
The President

H. SEEHOFER

(1) OJ L 223, 15.8.2006, p. 1.