Proposal for a Council Regulation fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Black Sea for 2008
Date: 2007-11-20
Institutions: European Commission
Subjects: Black Sea, authorised catch, fishery management, fishery resources, fishing regulations, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.11.2007 
COM(2007) 734 final 

Proposal for a 

COUNCIL REGULATION 

fixing the fishing opportunities and associated conditions for certain fish stocks and 
groups of fish stocks applicable in the Black Sea for 2008 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1. 

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•  Objectives of the proposal 

Following the accession of Bulgaria and Romania to the EU on 1 January 2007 the objective 
of this proposal is to fix, for the commercially most important fish stocks in the Black Sea, the 
fishing opportunities for Member States for 2008.  

120 

•  General context 

In  accordance  with  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the 
conservation and sustainable exploitation of fisheries resources under the Common Fisheries 
Policy, the Common Fisheries Policy shall ensure exploitation of living aquatic resources that 
provides  sustainable  economic,  environmental  and  social  conditions.  An  important  tool  to 
achieve these objectives is the annual fixing of the fisheries opportunities in the form of total 
allowable catches (TAC's), quotas and fishing effort limits.  

The fixing of fishing opportunities in the Black Sea will be implemented for the first time by a 
separate  Regulation  for  2008.The  intention  is  to  have  this  Regulation  adopted  in  November 
2007.  In  the  future  more  stocks  may  be  included  in  this  management  regime  and  more 
technical measures may be added. 

The scientific advice on fishing opportunities in 2008 in the Black Sea was delivered by the 
Scientific, Technical and Economic Committee for Fisheries (STECF) in October 2007.  

The  proposal  contains  two  sets  of  management  measures,  one  fixing  the  TAC's  and  quotas 
and another laying down associated technical measures.  

•  130Existing provisions in the area of the proposal 

None.This is the first such proposal for the Black Sea. 

•  Consistency with other policies and objectives of the Union 

The  measures  proposed  are  designed  in  accordance  with  the  objectives  of  the  Common 
Fisheries Policy and is consistent with the Community's policy on sustainable development. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

During  spring  and  autumn  2007  several  consultation  meetings  have  taken  place  with  the 
national administrations and scientists in the two concerned Member States. 

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•  Collection and use of expertise 

A  working  group  of  scientists  was  convened  in  Romania  in  September  2007.  The  group 
prepared  a  report  describing  the  situation  of  the  sprat  and  turbot  stocks  in  the  Community 
waters  of  the  Black  Sea.  This  information  was  forwarded  to  the  Scientific,  Technical  and 
Economic Committee for Fisheries (STECF), who in turn gave its advice to the Commission. 

The proposed TAC's are in line with the advice of the STECF.  

•  Impact assessment 

The  likely  impact  of  this  proposal  on  the  fisheries  sector  was  examined  with  the  national 
administrations as well as with experts and scientists of the two Member States concerned. 

Since  the  current  proposal  is  in  line  with  the  national  measures  that  were  in  place  prior  to 
accession  of  Bulgaria  and  Romania,  its  likely  impact  on  the  fishing  sector  of  these  two 
Member States will not bring about significant changes for the fishing sector concerned.Since 
the current proposal is based on scientific advice the impact on the stocks concerned will be 
within  the  range  of  sustainability.  The  proposal  should  be  regarded  as  the  first  step  in 
establishing  conditions  for  long-term  sustainable  exploitation  in  the  area,  thus  improving 
long-term stability of the catching sector in these two Member States. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Legal basis 

The legal basis for this proposal is Council Regulation (EC) No 2371/2002, and in particular 
Article 20 thereof. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no implication for the Community budget.  

5. 

ADDITIONAL INFORMATION 

•  Detailed Explanation 

The proposal fixes for 2008 the fishing opportunities for Member States fishing in the Black 
Sea. The TAC's and quotas allocated to Member States are given in Annex I. The proposed 
figures reflect the scientific advice. 

The technical measures in Annex II represent additional measures for the management of the 
fishery for turbot.  

The Commission is also promoting cooperation in fisheries management with third countries 
bordering the Black Sea. The possibility of establishing a Regional Fisheries Organisation is 
currently being explored. 

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Proposal for a 

COUNCIL REGULATION 

fixing the fishing opportunities and associated conditions for certain fish stocks and 
groups of fish stocks applicable in the Black Sea for 2008 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation (EC)  No  2371/2002  of  20 December 2002  on  the 
conservation and sustainable exploitation of fisheries resources under the Common Fisheries 
Policy1, and in particular Article 20 thereof, 

Having regard to Council Regulation (EC) No 847/1996 of 6 May 1996 introducing additional 
conditions  for  year-to-year  management  of  TAC's  and  quotas2,  and  in  particular  Article  2 
thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures 
necessary  to  ensure  access  to  waters  and  resources  and  the  sustainable  pursuit  of 
fishing  activities  taking  account  of  available  scientific  advice  and,  in  particular,  the 
report prepared by the Scientific, Technical and Economic Committee for Fisheries. 

Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council 
to establish fishing opportunities by fishery or group of fisheries and the allocation of 
those opportunities to Member States. 

In  order  to  ensure  effective  management  of  the  fishing  opportunities,  the  specific 
conditions under which fishing operations are carried out should be established. 

Article 3 of Regulation (EC) No 2371/2002 lays down definitions of relevance for the 
allocation of fishing opportunities. 

In  accordance  with  Article 2  of  Council  Regulation (EC)  No  847/96,  the  stocks  that 
are subject to the various measures referred to therein must be identified. 

In  order  to  contribute  to  the  conservation  of  fish  stocks,  certain  supplementary 
technical conditions of fishing should be implemented in 2008. 

1 
2 

OJ L 358, 31.12.2002, p. 59. 
OJ L 115, 9.5.1996, p. 3. 

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(7) 

Fishing opportunities should be used in accordance with the Community legislation on 
in  particular  with  Council Regulation (EEC)  No 2847/93  of 
the  subject,  and 
12 October 1993  establishing  a  control  system  applicable  to  the  common  fisheries 
policy3  and  Council  Regulation  (EC)  No.  850/98  of  30  March  1998  for  the 
conservation  of  fishery  resources  through  technical  measures  for  the  protection  of 
juveniles of marine organisms4. 

HAS ADOPTED THIS REGULATION: 

CHAPTER I 
Scope and definitions 

Article 1 
Subject matter 

This  Regulation  fixes  fishing  opportunities  for  the  year  2008  for  certain  fish  stocks  and 
groups of fish stocks in the Black Sea and the associated conditions under which such fishing 
opportunities may be used. 

Article 2 
Scope 

1. 

2. 

This  Regulation  shall  apply  to  Community  fishing  vessels  (Community  vessels) 
operating in the Black Sea. 

By  way  of  derogation  from  paragraph  1,  this  Regulation  shall  not  apply  to  fishing 
operations  conducted  solely  for  the  purpose  of  scientific  investigations  which  are 
carried  out  with  the  permission  and  under  the  authority  of  the  Member  State 
concerned and of which the Commission and the Member State in whose waters the 
research is carried out have been informed in advance. 

Article 3 
Definitions 

In addition to the definitions laid down in Article 3 of Regulation (EC) No 2371/2002, for the 
purposes of this Regulation the following definitions shall apply: 

(a) 

(b) 

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4 

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"GFCM" means General Fisheries Commission for the Mediterranean; 

“Black  Sea”  means  the  GFCM  geographical  sub-area  as  defined  in  resolution 
GFCM/31/2007/25; 

OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1954/2003 (OJ L 289, 
7.11.2003, p. 1). 
OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) No 2166/2005 (OJ L 345, 
28.12.2005, p. 5.) 
Reference…. 

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(c) 

(d) 

“total allowable catch (TAC)” means the quantity that can be taken and landed from 
each stock each year; 

“quota” means a proportion of the TAC allocated to the Community, a Member State 
or a third country. 

CHAPTER II 
Fishing opportunities and associated conditions 

Article 4 
Catch limits and allocations 

The  catch  limits,  the  allocation  of  such  limits  among  Member  States,  and  additional 
conditions in accordance with Article 2 of Regulation (EC) 847/96 are set out in Annex I to 
this Regulation. 

Article 5 
Special provisions on allocations  

The  allocation  of  catch  limits  among  Member  States  as  set  out  in  Annex  I  shall  be  without 
prejudice to: 

(1) 

exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002; 

(2) 

to  Articles 21(4),  23(1)  and  32(2)  of 
reallocations  made  pursuant 
Regulation (EEC)  No 2847/93  and  Article 23(4),  second  subparagraph  of 
Regulation (EC) No 2371/2002; 

(3) 

additional landings allowed under Article 3 of Regulation (EC) No 847/96; 

(4)  deductions  made  pursuant  to  Article 5  of  Regulation (EC)  No 847/96  and 

Article 23(4), first subparagraph of Regulation (EC) No 2371/2002. 

Article 6 
Conditions for catches and by-catches 

1. 

2. 

Fish from stocks for which catch limits are fixed shall only be retained on board or 
landed if the catches have been taken by vessels of a Member State with a quota and 
that quota has not been exhausted;  

All  landings shall count against the quota or, if the Community share  has  not  been 
allocated among Member States by quotas, against the Community share. 

Article 7 
Transitional technical measures 

The transitional technical measures shall be as set out in Annex II.  

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CHAPTER III 
Final provisions 

Article 8 
Data transmission 

When Member States send data to the Commission relating to landings of quantities of stocks 
caught  pursuant  to  Article  15(1)  of  Regulation (EEC)  No 2847/93,  they  shall  use  the  stock 
codes set out in Annex I to this Regulation. 

Article 9 
Entry into force 

This Regulation shall enter into force on the day of its publication in the Official Journal of 
the European Union. 

It shall apply from 1 January 2008. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President  

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ANNEX I 

Catch limits and associated conditions for year-to-year management of catch limits applicable 
to Community vessels in areas where catch limits exist by species and by area 

The following tables set out the TAC's and quotas (in tonnes live weight, except where otherwise 
specified) by stock, the allocation to the Member States and associated conditions for year-to-year 
management of the quotas. 

Within each area, fish stocks are referred to following the alphabetical order of the Latin names of 
the species. For the purposes of these tables the codes used for the different species are as follows: 

Scientific name  

Alpha-3 code 

Common name  

Psetta maxima 

Sprattus sprattus 

TUR 

SPR 

Turbot 

Sprat 

Species: 

Bulgaria 

Romania 

EC 

TAC 

Species: 

Turbot 

Psetta maxima 

45 

45 

90  

Not relevant 

Sprat 

Sprattus sprattus 

EC 

TAC 

15000(1) 

Not relevant 

Zone: 

Black Sea 

Precautionary TAC 
Article 3 of Regulation (EC) No 847/96 does not apply. 
Article 4 of Regulation (EC) No 847/96 does not apply. 
Article 5 of Regulation (EC) No 847/96 applies. 

Zone: 

Black Sea 

Precautionary TAC 
Article 3 of Regulation (EC) No 847/96 applies. 
Article 4 of Regulation (EC) No 847/96 does not apply. 
Article 5 of Regulation (EC) No 847/96 applies. 

(1) 

May only be fished by vessels flying the flag of Bulgaria or Romania. 

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ANNEX II 

TRANSITIONAL TECHNICAL MEASURES 

1. 

2. 

3. 

No fishing activity for turbot shall be permitted from the 15th of April to the 15th of 
June in European Community waters of the Black Sea.  

The  minimum  mesh  size  of  gillnets  catching  turbot  shall  be  no  less  than  200  mm. 
However  the  minimum  mesh  size  of  gillnets  used  by  Bulgarian  fishing  vessels  to 
catch turbot shall be no less than 180 mm. 

The  minimum  landing  size  for  turbot  shall  be  no  less  than  45  cm  total  length, 
measured in accordance with Article 18 of Regulation 850/98.  

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