Council Regulation (EC) No 676/2007 of 11 June 2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea
Date: 2007-06-11
Institutions: Council of the European Union
Subjects: North Sea, authorised catch, catch by species, catch quota, conservation of fish stocks, fishing controls, fishing rights, sea fish, sea fishing, sustainable development

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 676/2007

of 11 June 2007

establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea

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)

Recent scientific advice from the International Council
for the Exploration of the Sea (ICES) has indicated that
the stocks of plaice and of sole in the North Sea have
been subjected to levels of mortality by fishing which
have exceeded the level determined by ICES as being
consistent with the precautionary approach, and the
stocks are at risk of being harvested unsustainably.

Advice from a committee of experts examining multi-
annual management strategies indicates that the highest
yield of sole can be taken at a fishing mortality rate of
0,2 on ages two to six years.

(3)

The Scientific, Technical and Economic Committee for
the precautionary
Fisheries

(STECF) has advised that

(4)

(5)

(6)

that

biomass for the stock of plaice in the North Sea should
the fishing mortality rate
be 230 000 tonnes,
necessary to produce the highest yield from the stock
of plaice in the North Sea in the long term is 0,3 and
that the precautionary biomass for the stock of sole in
the North Sea should be 35 000 tonnes.

Measures need to be taken to establish a multiannual
plan for fisheries management of the stocks of plaice
and sole in the North Sea. Such measures, where they
concern the stock of plaice in the North Sea, are to be
established in the light of consultations with Norway.

The objective of the plan is to ensure, in a first stage, that
stocks of plaice and sole in the North Sea are brought
within safe biological limits, and in a second stage and
after due consideration by the Council on the imple-
menting methods for doing so that those stocks, are
exploited on the basis of maximum sustainable yield
and under
sustainable economic, environmental and
social conditions.

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 is to apply the precautionary approach in
taking measures to protect and conserve the stock, to
provide for its sustainable exploitation and to reduce to
a minimum the impact of fishing on marine ecosystems.

to achieve that objective,

inter alia,

that

(1) Opinion of the European Parliament delivered on 28 September

2006 (not yet published in the Official Journal).

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

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(7)

(8)

(9)

This Regulation should aim at a progressive implemen-
tation of an ecosystem-based approach to fisheries
management, and should contribute to efficient fishing
activities within an economically viable and competitive
fisheries industry, providing a fair standard of living for
those who depend on fishing North Sea plaice and sole
and taking into account the interest of consumers. The
Community bases its policy partly on the policy recom-
mended by the appropriate Regional Advisory Council
the catches of plaice in the
(RAC). A large part of
North Sea are taken together with catches of sole. The
management of plaice cannot be addressed independently
of the management of sole.

(13)

(14)

Consequently,
in drawing up the multiannual plan,
account should also be taken of the fact that the high
fishing mortality rate for plaice is due to a great extent to
the large discards from beam-trawl sole fishing with
80mm nets in the southern North Sea.

the level of

Such control of
the fishing mortality rates can be
achieved by establishing an appropriate method for the
total allowable catches
establishment of
(TACs) of the stocks concerned, and a system including
limitations on permissible days at sea whereby fishing
efforts on those stocks are restricted to levels at which
the TACs and planned fishing mortality rates are unlikely
to catch the TAC
to be exceeded, but are sufficient
allowed on the basis of the fishing mortality rates estab-
lished in the plan.

(10)

The plan should cover all
flatfish fisheries having a
significant impact on the fishing mortality of the plaice
and sole stocks concerned. However, Member States
whose quotas for either stock are less than 5 % of the
European Community's share of
the TAC should be
exempted from the provisions of the plan concerning
effort management.

(11)

This plan should be the main instrument
for flatfish
management in the North Sea, and should contribute
to the recovery of other stocks such as cod.

(12)

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

In 2006 the Commission initiated a debate concerning a
Community strategy for a gradual reduction in fishing
mortality in all major fisheries by means of a commu-
nication concerning the attainment of
the maximum
sustainable yield objective by 2015. The Commission
has submitted this communication to the RACs for
their opinion.

impact

The Commission has requested STECF to report on key
aspects of
in relation to the
assessment
management of plaice and sole, which should be based
on accurate, objective and comprehensive biological and
financial
impact assessment will be
annexed to the Commission's proposal concerning the
second stage of the multiannual plan.

information. That

(15)

The multiannual plan should be deemed to be a recovery
plan during its first stage and a management plan during
its second stage, within the meaning of Articles 5 and 6
of Regulation (EC) No 2371/2002,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT-MATTER AND OBJECTIVE

Article 1

Subject-matter

1.
This Regulation establishes a multiannual plan for the
fisheries exploiting the stocks of plaice and sole that inhabit
the North Sea.

For the purposes of this Regulation, ‘North Sea’ means the
2.
area of the sea delineated by the International Council for the
Exploration of the Sea as Sub-area IV.

Article 2

Safe biological limits

For the purposes of this Regulation, the stocks of plaice
1.
and sole shall be deemed to be within safe biological limits in
those years in which, according to the opinion of the Scientific,
Technical, and Economic Committee for Fisheries (STECF), all of
the following conditions are fulfilled:

(1) 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).

(a)

the spawning biomass of
230 000 tonnes;

the stock of plaice exceeds

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(b) the average fishing mortality rate on ages two to six years
experienced by the stock of plaice is less than 0,6 per year;

4(2) and 4(3) and the amendment of Articles 7, 8 and 9 that
will, in the light of the latest scientific advice from the STECF,
permit the exploitation of the stocks at a fishing mortality rate
compatible with maximum sustainable yield.

(c)

the spawning biomass of the stock of sole exceeds 35 000
tonnes;

(d) the average fishing mortality rate on ages two to six years
experienced by the stock of sole is less than 0,4 per year.

2.
If the STECF advises that other levels of biomass and
fishing mortality should be used to define safe biological
limits, the Commission shall propose to amend paragraph 1.

Article 3

Objectives of the multiannual plan in the first stage

The multiannual plan shall,

in its first stage, ensure the
the stocks of plaice and of sole to within safe

1.
return of
biological limits.

The Commission's proposal for review shall be accom-
take into
the North Sea Regional Advisory

impact assessment and shall

the opinion of

2.
panied by a full
account
Council.

CHAPTER II

TOTAL ALLOWABLE CATCHES

Article 6

Setting of total allowable catches (TACs)

Each year, the Council shall decide, by qualified majority on the
basis of a proposal from the Commission, on the TACs for the
following year for the plaice and sole stocks in the North Sea in
accordance with Articles 7 and 8 of this Regulation.

2.
The objective specified in paragraph 1 shall be attained by
reducing the fishing mortality rate on plaice and sole by 10 %
each year, with a maximum TAC variation of 15 % per year
until safe biological limits are reached for both stocks.

Article 7

Procedure for setting the TAC for plaice

1.
The Council shall adopt the TAC for plaice at that level of
catches which, according to a scientific evaluation carried out by
STECF is the higher of:

Article 4

Objectives of the multiannual plan in the second stage

1.
The multiannual plan shall, in its second stage, ensure the
exploitation of the stocks of plaice and sole on the basis of
maximum sustainable yield.

(a)

that TAC the application of which will result in a 10 %
reduction in the fishing mortality rate in its year of appli-
cation compared to the fishing mortality rate estimated for
the preceding year;

The objective specified in paragraph 1 shall be attained
2.
while maintaining the fishing mortality on plaice at a rate equal
to or no lower than 0,3 on ages two to six years.

(b) that TAC the application of which will result in the level of
fishing mortality rate of 0,3 on ages two to six years in its
year of application.

3.
The objective specified in paragraph 1 shall be attained
while maintaining the fishing mortality on sole at a rate equal
to or no lower than 0,2 on ages two to six years.

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

Article 5

Transitional arrangements

1. When the stocks of plaice and sole have been found for
in succession to have returned to within safe
two years
biological
limits the Council shall decide on the basis of a
proposal from the Commission on the amendment of Articles

3. Where application of paragraph 1 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 15 % less than the
TAC of that year.

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Article 8

Procedure for setting the TAC for sole

The annual adjustment of the maximum level of fishing
4.
effort referred to in paragraph 2 shall be made with regard to
the opinion of STECF provided according to paragraph 3.

1.
The Council shall adopt a TAC for sole at that level of
catches which, according to a scientific evaluation carried out by
STECF is the higher of:

(a)

that TAC the application of which will result in the level of
fishing mortality rate of 0,2 on ages two to six years in its
year of application;

(b) that TAC the application of which will result in a 10 %
reduction in the fishing mortality rate in its year of appli-
cation compared to the fishing mortality rate estimated for
the preceding year.

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

3. Where the application of paragraph 1 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 15 %
less than the TAC of that year.

CHAPTER III

FISHING EFFORT LIMITATION

Article 9

Fishing effort limitation

The TACs referred to in Chapter II shall be complemented
limitation established in

fishing effort

1.
by a
Community legislation.

system of

The Commission shall each year request the STECF to
5.
report on the annual
fishing effort deployed by
vessels catching plaice and sole, and to report on the types of
fishing gear used in such fisheries.

level of

Notwithstanding paragraph 4,
6.
increase above the level allocated in 2006.

fishing effort shall not

7. Member States whose quotas are less than 5 % of the
European Community's share of the TACs of both plaice and
sole shall be exempted from the effort management regime.

8.
A Member State concerned by the provisions of paragraph
7 and engaging in any quota exchange of sole or plaice on the
basis of Article 20(5) of Regulation (EC) No 2371/2002 that
would result in the sum of the quota allocated to that Member
State and the quantity of sole or plaice transferred being in
excess of 5 % of the European Community's share of the TAC
shall be subject to the effort management regime.

9.
The fishing effort deployed by vessels in which plaice or
sole are an important part of the catch and which fly the flag of
a Member State concerned by the provisions of paragraph 7
shall not increase above the level authorised in 2006.

CHAPTER IV

MONITORING, INSPECTION AND SURVEILLANCE

Article 10

Fishing effort messages

Each year, the Council shall decide by a qualified majority,
2.
on the basis of a proposal
from the Commission, on an
adjustment to the maximum level of fishing effort available
for fleets where either or both plaice and sole comprise an
important part of the landings or where substantial discards
are made and subject to the system of fishing effort limitation
referred to in paragraph 1.

1.
Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC)
No 2847/93 shall apply for vessels operating in the area.
Vessels equipped with monitoring systems in accordance with
Articles 5 and 6 of Commission Regulation (EC) No 2244/2003
of 18 December 2003 laying down detailed provisions
regarding satellite-based vessel monitoring systems (1) shall be
excluded from hailing requirements.

3.
The Commission shall request from STECF a forecast of
the maximum level of fishing effort necessary to take catches of
plaice and sole equal to the European Community's share of the
TACs established according to Article 6. This request shall be
formulated taking account of other relevant Community legis-
lation governing the conditions under which quotas may be
fished.

implement

States may

2. Member
control
measures to ensure compliance with the obligation referred to
in paragraph 1 which are as effective and transparent as these
reporting obligations. Such measures shall be notified to the
Commission before being implemented.

alternative

(1) OJ L 333, 20.12.2003, p. 17.

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Article 11

Margin of tolerance

Article 14

Separate stowage of plaice and sole

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 (1), the permitted margin of tolerance, in
estimation of quantities in kilograms live weight of each of
plaice and sole retained on board of vessels that have been
present in the North Sea shall be 8 % of the logbook figure.
In the event
laid down in
Community legislation, the conversion factor adopted by the
Member State whose flag the vessel is flying shall apply.

that no conversion factor

is

2.
Paragraph 1 shall not apply concerning a species of
aquatic organism if the quantity of that species retained on
board is less than 50 kg.

Article 12

Weighing of landings

The competent authorities of a Member State shall ensure that
any quantity of sole exceeding 300 kg or of plaice exceeding
500 kg, caught in the North Sea shall be weighed before sale
using scales that have been certified as accurate.

Article 13

Prior notification

The master of a Community fishing vessel that has been present
in the North Sea and who wishes to land any quantity of plaice
or sole in a port or a landing location of a third country shall
inform the competent authorities of the flag Member State at
least 24 hours prior to landing in a third country, of
the
following information:

(a)

the name of the port or landing location;

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

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

Article 15

Transport of sole and plaice

The competent authorities of a Member State may require
1.
that any quantity of plaice exceeding 500 kg or any quantity of
sole exceeding 300 kg caught in the geographical area referred
in Article 1(2) and first landed in that Member State is weighed
first
before being transported elsewhere from the port of
landing using scales that have been certified as accurate.

2.
By way of derogation from Article 13 of Regulation (EEC)
No 2847/93, quantities of plaice exceeding 500 kg and quan-
tities of sole exceeding 300 kg which are transported to a place
landing shall be accompanied by the
other
declaration provided for in Article 8(1) of
that Regulation.
The exemption provided for in Article 13(4)(b) of Regulation
(EEC) No 2847/93 shall not apply.

than that of

Article 16

Prohibition of transhipments of sole and plaice

A Community fishing vessel that is present in the North Sea
shall not tranship any quantity of plaice or sole to any other
vessel.

CHAPTER V

FOLLOW-UP

Article 17

(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.

(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).

Evaluation of management measures

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

2.
The Commission shall seek scientific advice from the
STECF on the rate of progress towards the objectives of the
multiannual plan in the third year of application of this Regu-
lation and each third successive year of application of
this
Regulation. The Commission shall,
if appropriate, propose
relevant measures, and the Council shall decide by qualified
majority on alternative measures to achieve the objectives set
out in Articles 3 and 4.

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Article 18

Special circumstances

In the event that STECF advises that the spawning stock size of
either or both plaice or of 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 for plaice
that is lower than that provided for in Article 7, on a TAC for
sole that is lower than that provided for in Article 8, and on
levels of fishing effort that are lower than those provided for in
Article 9.

CHAPTER VI

FINAL PROVISIONS

Article 19

Assistance under the European Fisheries Fund

plan within the meaning of Article 5 of Regulation (EC) No
2371/2002, and for the purposes of Article 21(a)(i) of Council
Regulation (EC) No 1198/2006 of 27 July 2006 on the
European Fisheries Fund (1).

During the second stage foreseen in Article 4 of

this
2.
Regulation,
the multiannual 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 20

Entry into force

1.
During the first stage foreseen in Article 3 of this Regu-
lation, the multiannual plan shall be deemed to be a recovery

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 Luxembourg, 11 June 2007.

For the Council
The President

H. SEEHOFER

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