Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel
Date: 2007-09-18
Institutions: Council of the European Union
Subjects: authorised catch, conservation of fish stocks, fish, fishing controls, habitat, protection of animal life, watercourse

22.9.2007

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Official Journal of the European Union

L 248/17

COUNCIL REGULATION (EC) No 1100/2007

of 18 September 2007

establishing measures for the recovery of the stock of European eel

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)

On 19 July 2004 the Council adopted conclusions
concerning the Commission’s Communication to the
Council and the European Parliament of 1 October
2003 on the development of a Community Action
the Management of European Eel, which
Plan for
included a request to the Commission to come forward
with proposals for long-term management of eels in
Europe.

On 15 November 2005 the European Parliament
adopted a resolution calling on the Commission to
immediately submit a proposal for a regulation for the
recovery of European eel stocks.

(ICES)

the Sea

the Exploration of

The latest scientific advice from the International Council
for
concerning
European eel is that the stock is outside safe biological
limits and that current fisheries are not sustainable. ICES
recommends that a recovery plan be developed for the
whole stock of European eel as a matter of urgency and
that exploitation and other human activities affecting the
fishery or the stock be reduced as much as possible.

are

diverse

and needs

There
in the
conditions
Community which require different specific solutions.
in the
That diversity should be taken into account
planning and execution of measures to ensure protection
and sustainable use of the population of European eel.
Decisions should be taken as close as possible to the

(1) Opinion of 16 May 2006 (not yet published in the Official Journal).

locations where eel are exploited. Priority should be given
to action by Member States through the drawing up of
Eel Management Plans adjusted to regional and local
conditions.

Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and
flora (2) and Directive 2000/60/EC of
the European
Parliament and of the Council of 23 October 2000 estab-
lishing a framework for Community action in the field of
water policy (3) are intended,
to protect,
conserve and enhance the aquatic environment where
eels spend part of their life cycle and it is necessary to
coordination and consistency
ensure
there
that
this Regulation and
between measures
In
those taken under
particular, Eel Management Plans should cover
river
basins defined in accordance with Directive 2000/60/EC.

is
taken under
the aforementioned Directives.

inter alia,

The success of measures for the recovery of the European
eel stock depends on close cooperation and coherent
action at Community, Member State and local and
level as well as on information, consultation
regional
and involvement of the public sectors involved. To this
from the European Fisheries Fund may
end support
contribute
implementation of Eel
to the
Management Plans.

effective

If river basins lying within the national territory of a
Member State cannot be identified and defined as consti-
tuting natural habitats for the European eel, it should be
possible for that Member State to be exempted from the
obligation to prepare an Eel Management Plan.

In order to ensure that eel recovery measures are effective
and equitable, it is necessary that Member States identify
the measures they intend to take and the areas to be
covered, that this information be communicated widely,
and that the effectiveness of the measures be evaluated.

Eel Management Plans
should be approved by the
Commission on the basis of a technical and scientific
evaluation by the Scientific, Technical and Economic
Committee for Fisheries (STEFC).

(5)

(6)

(7)

(8)

(9)

(2) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive

2006/105/EC (OJ L 363, 20.12.2006, p. 368).

(3) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision
No 2455/2001/EC of the European Parliament and of the Council
(OJ L 331, 15.12.2001, p. 1).

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(10) Within a river basin where fisheries and other human
activities affecting eels may have transboundary effects,
all programmes and measures should be coordinated for
the whole of the relevant river basin. However, coordi-
nation must not take place at the expense of the rapid
introduction of the national parts of Eel Management
Plans. For river basins extending beyond the boundaries
of the Community, the Community should endeavour to
ensure appropriate coordination with the third countries
concerned.

(11)

(12)

(13)

(14)

(15)

In the context of
transboundary coordination, both
within and outside the Community, special attention
should be devoted to the Baltic Sea and European
coastal waters falling outside the scope of Directive
2000/60/EC. However, the need for such coordination
should not prevent urgent action being taken by
Member States.

Special measures to increase the numbers of eels less
than 12 cm in length released into European waters as
well as for the transfer of eel less than 20 cm in length
for the purpose of restocking should therefore be imple-
mented as part of an Eel Management Plan.

By 31 July 2013, 60 % of eels less than 12 cm in length
caught annually should be reserved for restocking. The
less than 12 cm in
evolution of market prices for eel
length should be monitored annually. In the event of a
significant decline in average market prices for eels less
than 12 cm in length used for restocking in eel river
basins as defined by Member States, compared to the
price of eels less than 12 cm in length used for other
purposes, the Commission should be authorised to take
appropriate measures which may include a temporary
reduction in the percentage of eels less than 12 cm in
length to be reserved for restocking.

Catches of eels in Community waters seaward of the
boundary of eel river basins defined by Member States
as constituting natural eel habitats should be reduced
gradually by reducing fishing effort or catches by at
least 50 % based on the average fishing effort or
catches in the years 2004 to 2006.

Based on information to be provided by Member States,
the Commission should produce a report on the
outcome of the implementation of the Eel Management
Plans and if necessary propose any appropriate measures
to achieve with high probability the
recovery of
European eel.

in consistency with Council Regulation (EEC) No
2847/93 of 12 October 1993 establishing a control
system applicable to the common fisheries policy (1). In
this context Member States should establish certain infor-
mation and estimates concerning commercial and recrea-
tional
if necessary the
reporting and evaluation of Eel Management Plans as
well as control and enforcement measures. Member
States
to ensure
control and enforcement of imports and exports of eel,

should furthermore take measures

fishing activities

to support

HAS ADOPTED THIS REGULATION:

Article 1

Subject-matter

1.
This Regulation establishes a framework for the protection
and sustainable use of the stock of European eel of the species
in
Anguilla anguilla in Community waters,
estuaries, and in rivers and communicating inland waters of
Member States that flow into the seas in ICES areas III, IV,
VI, VII, VIII, IX or into the Mediterranean Sea.

in coastal

lagoons,

2.
As regards the Black Sea and the river systems connected
to it, the Commission shall take a Decision in accordance with
the procedure referred to in Article 30(2) 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), after consultation of the Scientific
Technical and Economic Committee for Fisheries by 31
December 2007 on whether these waters constitute natural
habitats for the European eel in accordance with Article 3 of
this Regulation.

3. Measures under this Regulation shall be adopted and
implemented without prejudice to the relevant provisions of
Directives 92/43/EEC and 2000/60/EC.

Article 2

Establishment of Eel Management Plans

lying within their national

1. Member States shall identify and define the individual river
territory that constitute
basins
natural habitats for the European eel (eel river basins) which
If appropriate justification is
may include maritime waters.
provided, a Member State may designate the whole of
its
national territory or an existing regional administrative unit as
one eel river basin.

(16) A control and monitoring system should be established
by Member States adapted to the circumstances and to
the legal framework already applicable to inland fisheries

(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), corrected
by OJ L 36, 8.2.2007, p. 6.
(2) OJ L 358, 31.12.2002, p. 59.

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In defining eel river basins, Member States shall have the
2.
maximum possible regard for the administrative arrangements
referred to in Article 3 of Directive 2000/60/EC.

— reducing commercial fishing activity,

For each eel

3.
Member States shall prepare an Eel Management Plan.

river basin defined under paragraph 1,

— restricting recreational fishing,

— restocking measures,

4.
The objective of each Eel Management Plan shall be to
reduce anthropogenic mortalities so as to permit with high
probability the escapement to the sea of at least 40 % of the
silver eel biomass relative to the best estimate of escapement
that would have existed if no anthropogenic influences had
impacted the stock. The Eel Management Plan shall be
prepared with the purpose of achieving this objective in the
long term.

— structural measures to make rivers passable and improve
river habitats, together with other environmental measures,

— transportation of silver eel from inland waters to waters
from which they can escape freely to the Sargasso Sea,

5.
The target level of escapement shall be determined, taking
into account the data available for each eel river basin, in one or
more of the following three ways:

— temporary switching-off of hydro-electric power turbines,

— combating predators,

(a) use of data collected in the most appropriate period prior to
1980, provided these are available in sufficient quantity and
quality;

— measures related to aquaculture.

(b) habitat-based assessment of potential eel production, in the

absence of anthropogenic mortality factors;

(c) with reference to the ecology and hydrography of similar

river systems.

6.
Each Eel Management Plan shall contain a description and
an analysis of the present situation of the eel population in the
eel river basin and relate it to the target level of escapement laid
down in paragraph 4.

Each Eel Management Plan shall

7.
include measures to
attain, monitor and verify the objective set out in paragraph
4. The Member States may define the means depending on local
and regional conditions.

9.
Each Eel Management Plan shall contain a time schedule
for the attainment of the target level of escapement laid down
in paragraph 4, following a gradual approach and depending on
an expected recruitment level; it shall include measures that will
be applied as of
the Eel
Management Plan.

the first year of application of

10.
In the Eel Management Plan, each Member State shall
implement appropriate measures as soon as possible to reduce
the eel mortality caused by factors outside the fishery, including
hydroelectric turbines, pumps or predators, unless this is not
necessary to attain the objective of the plan.

11.
Each Eel Management Plan shall include a description of
the control and enforcement measures which will apply in
waters other
in accordance with
Article 10.

than Community waters

An Eel Management Plan shall constitute a management
12.
level within the framework of a
plan adopted at national
Community conservation measure as referred to in Article
24(1)(v) of Council Regulation (EC) No 1198/2006 of 27 July
2006 on the European Fisheries Fund (1).

An Eel Management Plan may contain, but is not limited

8.
to, the following measures:

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

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Article 3

Exemption from the obligation to prepare

an Eel

Management Plan

A Member State may be exempt from the obligation to
1.
prepare an Eel Management Plan if appropriate justification is
provided that river basins or maritime waters lying within its
territory do not constitute natural habitats for the European eel.

2. Member States shall communicate to the Commission not
later than 1 January 2008 a request for exemption prepared in
accordance with paragraph 1.

3.
On the basis of a technical and scientific evaluation by the
Scientific Technical and Economic Committee for Fisheries or
by other appropriate scientific bodies, the request for exemption
shall be approved by the Commission in accordance with
the procedure referred to in Article 30(2) of Regulation (EC)
No 2371/2002.

4. Where the Commission approves a request for exemption,
Article 4 shall not apply to the Member State concerned.

Article 4

Communication of Eel Management Plans

1. Member States shall communicate to the Commission not
later than 31 December 2008 Eel Management Plans prepared
in accordance with Article 2.

A Member State which has not

2.
submitted an Eel
Management Plan to the Commission for approval by 31
December 2008 shall either reduce fishing effort by at least
50 % relative to the average effort deployed from 2004 to
2006 or reduce fishing effort
to ensure a reduction in eel
catches by at least 50 % relative to the average catch from
2004 to 2006, either by shortening the fishing season for eel
or by other means. This reduction shall be implemented from
1 January 2009.

by other appropriate scientific bodies, the Eel Management Plans
shall be approved by the Commission in accordance with
the procedure referred to in Article 30(2) of Regulation (EC)
No 2371/2002.

2. Member States shall implement the Eel Management Plans
approved by the Commission in accordance with paragraph 1
from 1 July 2009, or from the earliest possible time before that
date.

3.
From 1 July 2009, or from the date of implementation of
an Eel Management Plan before that date, fishing for eel of the
species Anguilla anguilla shall be permitted the whole year round
provided that the fisheries conform to the specifications and
restrictions set out in an Eel Management Plan approved by
the Commission in accordance with paragraph 1.

later

A Member State which has submitted an Eel Management
4.
Plan to the Commission for approval not
than 31
December 2008, which cannot be approved by the Commission
in accordance with paragraph 1, shall either reduce fishing
effort by at least 50 % relative to the average effort deployed
from 2004 to 2006 or reduce fishing effort
to ensure a
reduction in eel catches by at
least 50 % relative to the
average catch from 2004 to 2006, either by shortening the
fishing season for eel or by other means. This reduction shall
be implemented within three months of the decision not to
approve the plan.

The reduction in catches set out in paragraph 4 may be
5.
replaced in whole or in part by immediate measures concerning
other anthropogenic mortality factors, which will allow a
number of migrating silver eels equivalent to that which the
reduction of catches would allow to escape to the sea to spawn.

6.
In the event that the Commission cannot approve an Eel
Management Plan, the Member State may submit a revised plan
within three months of the decision not to approve the plan.

The reduction in catches set out in paragraph 2 may be
3.
substituted in whole or
in part by immediate measures
concerning other anthropogenic mortality factors, which will
allow a number of migrating silver eels equivalent
to that
which the reduction of catches would allow to escape to the
sea to spawn.

The revised Eel Management Plan shall be approved in
accordance with the procedure established in paragraph 1.
The implementation of
in
paragraph 4 shall not apply if a revised plan is approved by
the Commission.

the reduction in catches set out

Article 5

Article 6

Transboundary Eel Management Plans

Approval and implementation of Eel Management Plans

1.
On the basis of a technical and scientific evaluation by the
Scientific Technical and Economic Committee for Fisheries or

For eel river basins extending to the territory of more than
jointly

1.
one Member State, the Member States involved shall
prepare an Eel Management Plan.

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If coordination is in danger of resulting in such a delay that it
will become impossible to submit the Eel Management Plan on
time, Member States may submit Eel Management Plans for
their national part of the river basin.

The Commission shall annually report to the Council on
5.
the evolution of market prices for eels of less than 12 cm in
length. For this purpose the Member States concerned shall
establish an appropriate system to monitor prices and shall
report annually to the Commission on these prices.

2. Where an eel river basin extends beyond the territory of
the Community, the Member States involved shall endeavour to
develop an Eel Management Plan in coordination with the
relevant third countries, and the competence of any relevant
the
regional
relevant
joint
preparation of an Eel Management Plan, the Member States
concerned may submit Eel Management Plans for the part of
the eel river basin situated within their territory, with the
objective of achieving the target
laid
down in Article 2(4).

fisheries organisation shall be
third countries do not participate

level of escapement

respected.

in the

If

3.
Articles 2, 4 and 5 shall apply mutatis mutandis to the
transboundary plans referred to in paragraphs 1 and 2 of this
Article.

6.
In the event of a significant decline of average market
prices for eels used for restocking, as compared to those of
eels used for other purposes,
the Member State concerned
shall inform the Commission. The Commission, in accordance
with the procedure referred to in Article 30(2) of Regulation
(EC) No 2371/2002, shall take appropriate measures to address
the situation, which may include a temporary reduction of the
percentages referred to in paragraph 2.

The Commission shall, not later than 1 July 2011, report
7.
to the Council and evaluate the measures concerning restocking
including the evolution of market prices. In the light of this
evaluation, the Council shall decide by qualified majority, on a
proposal from the Commission, on appropriate measures to
balance the measures concerning restocking while achieving
the percentages referred to in paragraph 2.

Article 7

Measures concerning restocking

Restocking shall be deemed to be a conservation measure
the purposes of Article 38(2) of Regulation (EC) No

8.
for
1198/2006, provided that:

1.
If a Member State permits fishing for eels less than 12 cm
in length, either as part of an Eel Management Plan established
in accordance with Article 2, or as part of a reduction in fishing
effort in accordance with Article 4(2) or Article 5(4),
it shall
reserve at least 60 % of the eels less than 12 cm in length
caught by the fisheries in that Member State during each year
to be marketed for use in restocking in eel river basins as
defined by Member States according to Article 2(1)
for the
purpose of increasing the escapement levels of silver eels.

The 60 % for restocking is to be set out

2.
in an Eel
Management Plan established in accordance with Article 2. It
shall start at least at 35 % in the first year of application of an
Eel Management Plan and it shall increase by steps of at least
5 % per year. The level of 60 % shall be achieved by 31 July
2013.

3.
In order to ensure that the respective percentages set out
in paragraph 2, of eels less than 12 cm in length caught are
used in a restocking programme, Members States must establish
an appropriate reporting system.

— it

is part of an Eel Management Plan established in

accordance with Article 2,

— it concerns eels less than 20 cm in length, and

— it contributes to the achievement of the 40 % target level of

escapement as referred to in Article 2(4).

Article 8

Measures concerning Community waters

1. Where a Member State operates a fishery in Community
waters that catches eel, the Member State shall either reduce
fishing effort by at least 50 % relative to the average effort
deployed from 2004 to 2006 or reduce fishing effort
to
ensure a reduction of eel catches by at least 50 % relative to
the average catch from 2004 to 2006. This reduction is to be
achieved gradually, initially by steps of 15 % per year in the first
two years over a 5-year period, from 1 July 2009.

4.
The transfer of eels for restocking shall be part of an Eel
Management Plan as defined in Article 2. Eel Management Plans
shall specify the quantity of eels of less than 20 cm in length
needed for restocking for the purpose of increasing escapement
levels of silver eels.

2.
For the purposes of paragraph 1, Community waters are
those waters seaward of the boundary of those eel river basins
which constitute natural eel habitats as defined by Member
States according to Article 2(1).

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Article 9

Reporting and Evaluation

report

Each Member State shall

1.
to the Commission,
initially every third year, with the first report to be presented
by 30 June 2012. The frequency of reporting shall decrease to
once every sixth year, after the first three tri-annual reports have
been submitted. Reports shall outline monitoring, effectiveness
and outcome, and in particular shall provide the best available
estimates of:

(a)

for each Member State, the proportion of the silver eel
biomass that escapes to the sea to spawn, or the proportion
of
that
the silver eel biomass leaving the territory of
Member State as part of a seaward migration to spawn,
relative to the target
in
Article 2(4);

level of escapement

set out

(b) the level of fishing effort that catches eel each year, and the
reduction effected in accordance with Articles 4(2) and 5(4);

(c)

the level of mortality factors outside the fishery, and the
reduction effected in accordance with Article 2(10);

The control and catch monitoring system shall contain a
2.
thorough description of all systems of allocation of
fishing
rights in eel river basins which constitute natural eel habitats
as defined by Member States according to Article 2(1), including
privately owned waters.

Article 11

Information concerning fishing activities

1.
By 1 January 2009, each Member State shall establish the
following information concerning commercial fishing activities:

— a list of all fishing vessels flying its flag authorised to fish for
in Community waters in accordance with Article 8,

eel
notwithstanding the overall length of the vessel,

— a list of all fishing vessels, commercial entities or fishermen,
authorised to fish for eel in eel river basins which constitute
natural eel habitats as defined by Member States according
to Article 2(1),

— a list of all auction centres or other bodies or persons
first

to undertake

the

authorised by Member States
marketing of eel.

(d) the amount of eel less than 12 cm in length caught and the

proportions of this utilised for different purposes.

2. Member States shall establish on a regular basis an
estimate of
fishermen and their
catches of eels.

the number of recreational

2.
The Commission shall, not later than 31 December 2013,
present a report to the European Parliament and the Council
with a statistical and scientific evaluation of the outcome of the
implementation of the Eel Management Plans, accompanied by
and Economic
the Scientific, Technical
the opinion of
Committee for Fisheries.

3.
The Commission shall, in the light of the report referred
to in paragraph 2, propose any appropriate measures to achieve
with high probability the recovery of the stock of European eel
and the Council shall decide by qualified majority on alternative
measures to achieve the target level of escapement set out in
Article 2(4) or a reduction of fishing effort in accordance with
Articles 4(2) and 5(4).

Article 10

Control and enforcement in waters other than Community
waters

1. Member States shall establish a control and catch moni-
toring system adapted to the circumstances and to the legal
framework already applicable to their inland fisheries, which
shall be consistent with the relevant provisions set out in Regu-
lation (EEC) No 2847/93.

On a request from the Commission, Member States shall

3.
provide the information referred to in paragraphs 1 and 2.

Article 12

Control and enforcement concerning imports and exports
of eel

No later than 1 July 2009, Member States shall:

— take the measures necessary to identify the origin and
ensure the traceability of all live eels imported or exported
from their territory,

— determine whether the eel harvested in the Community area
and exported from their territory was caught in a manner
consistent with Community conservation measures,

— take measures to determine whether the eel harvested in the
waters of any relevant regional fisheries organisation and
in a manner
imported into their
consistent with the rules agreed in the regional
fisheries
organisation in question.

territory was caught

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Article 13

Entry into force

This Regulation shall enter into force on the third day following that of 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, 18 September 2007.

For the Council
The President

R. PEREIRA