Proposal for a Council Regulation providing for the adaptation of cod fishing quotas to be allocated to Poland in the Baltic Sea (Subdivisions 25- 32, EC Waters) from 2008 to 2011
Date: 2008-03-13
Institutions: European Commission
Subjects: Baltic Sea, Poland, authorised catch, catch quota, fishery management, fishing regulations, sea fish

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.3.2008 
COM(2008) 88 final 

Proposal for a 

COUNCIL REGULATION 

providing for the adaptation of cod fishing quotas to be allocated to Poland in the Baltic 
Sea (Subdivisions 25- 32, EC Waters) from 2008 to 2011  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Objectives of the proposal 

The objective of this proposal is to provide the rules and conditions for the deduction of the 
amount  of  cod  catches  fished  in  excess  of  the  quota  allocated  to  Poland  for  cod  in 
Subdivisions 25-32 in 2007. 

•  General context 

Council Regulation (EC) No 1941/2006 of 11 December 2006 fixing the fishing opportunities 
and associated fishing conditions for certain fish stocks and groups of fish stocks, applicable 
in the Baltic Sea for 20071, fixes a quota for the amount of cod which may be fished in 2007 
in the Baltic Sea by vessels flying the flag of Poland. 

Council  Regulation  (EEC)  No  2847/93  of  12  October  1993  establishing  a  control  system 
applicable  to  the  common  fisheries  policy  lays  down  the  procedure  to  be  followed  if  the 
annual fishing quota is exceeded. 

According  to  the  official  data  on  catches  of  cod  in  Subdivisions  25-32  by  Polish  vessels  in 
2007, the national quota was exceeded by 8000t. 

At the Fisheries Council meeting of 23 October 2007, Poland recognised the need to develop 
and implement action plans to overcome present shortcomings in its national control system 
and to address the underlying causes of misreported and undeclared cod catches in the Baltic 
Sea. Based on this commitment and the need to address the difficulties encountered by Poland 
in implementing CFP instruments since accession, and in view of the consequences that the 
application  of  Article  5  of  Council  Regulation  (EC)  No  847/96  would  have  on  the  Polish 
fisheries  sector  in  this  particular  case,  the  Commission  has  declared  itself  ready  to  consider 
flexibility for the pay-back of the quota overshooting for 2007, provided that the Action Plans 
and their implementation meet requirements to the Commission's satisfaction. Consequently, 
the Commission proposes that the quota overshooting for 2007 be paid back over a period of 
four years.  

The Council is requested to adopt the Regulation establishing the deduction of the overfished 
amount from the quota for cod in Subdivisions 25-32 allocated to Poland over a period of four 
years. This is necessary in order to derogate from Article 5 of  Council Regulation (EC) No 
847/96.  

•  Existing provisions in the area of the proposal 

Council  Regulation  (EEC)  No  2847/93  of  12  October  1993  establishing  a  control  system 
applicable to the common fisheries policy  

Council  Regulation  (EC)  No  847/96  of  6  May  1996  introducing  additional  conditions  for 
year-to-year management of TACs and quotas 

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OJ L 367, 22.12.2007, p. 1. 

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•  Consistency with other policies and objectives of the Union 

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

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Not applicable 

•  Collection and use of expertise 

Based on the official catch reports by Poland for the period concerned it has been established 
that  the  quota  for  cod  in  Subdivisions  25-32  allocated  to  Poland  in  2007  was  exceeded  by 
8000t. 

•  Impact assessment 

Not applicable. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Legal basis 

The legal basis for this proposal is Council Regulation (EC) No 2847/1993, and in particular 
Article 23(2) thereof. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implications for the Community budget. 

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Proposal for a 

COUNCIL REGULATION 

of 

providing for the adaptation of cod fishing quotas to be allocated to Poland in the Baltic 
Sea (Subdivisions 25- 32, EC Waters) from 2008 to 2011  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to Council Regulation (EC) No 2847/1993 of 12 October 1993 establishing a 
control system  applicable to  the  Common  Fisheries  Policy2 , and in particular Article 23(2) 
thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

Council  Regulation  (EC)  No  1941/2006  of  11  December  2006,  fixing  the  fishing 
opportunities  and  associated  conditions  for  certain  fish  stocks  and  groups  of  fish 
stocks applicable in the Baltic Sea for 20073 , allocated cod fishing quotas to Poland in 
the Baltic Sea for 2007. 

Commission  Regulation  (EC)  No  804/20074  established  that  catches  for  cod  in  the 
Eastern Baltic Sea (Subdivisions 25 -32, EC-waters) were deemed to have exhausted 
the quota allocated to Poland for 2007 and therefore prohibited, as from 12 July 2007, 
fishing for that stock in the Baltic Sea by vessels flying the flag of Poland. 

On the basis of information in its possession, the Commission estimated in July 2007 
that the catches of cod in the Eastern Baltic Sea (Subdivisions 25 -32, EC Waters) by 
vessels flying the flag of Poland were three times the amounts originally declared by 
Poland. Moreover, fishing vessels flying the flag of Poland continued fishing for that 
stock after the prohibition, thereby further overshooting the quota allocated to Poland 
for 2007. 

(4) 

Following  several  technical  meetings  between  the  Polish  authorities  and  the 
Commission in order to establish a verified quantity of overshooting, Poland notified 
an overshooting of the quota by 8000t. 

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OJ L 261, 20.10.1993, p.1. Regulation as last amended by Regulation (EC) No 1098/2007 (OJ L 248, 
22.9.2007, p.1) 
OJ L 367, 22.12.2006, p. 1. Regulation as last amended by Regulation (EC) No 754/2007 (OJ L 172, 
30.6.2007, p. 26) 
GU L 180, 10.7.2007, p. 3 

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(5) 

(6) 

(7) 

(8) 

Article 23(2) of Regulation (EC) No 2847/1993 provides that the Council is to adopt 
rules for deducting quantities fished in excess from the annual quotas. Those rules are 
to  be  established  in  accordance  with  the  objective  and  management  strategies  of  the 
Common  Fisheries  Policy  (CFP),  taking  into  account,  as  a  matter  of  priority,  the 
degree of overfishing and the biological status of the resources concerned.  

Such  rules  have  been  established  by  Council  Regulation  (EC)  No  847/96  of  6  May 
1996  introducing  additional  conditions  for  year-to-year  management  of  TACs  and 
quotas5. According to Article 5 of that regulation the quantities fished in excess of the 
annual quotas should be deducted from the quota of the same stock in the following 
year. 

The main causes for the overfishing of cod by vessels flying the flag of Poland are a 
deficient control and enforcement scheme and a fleet for which the potential to catch 
cod is disproportionate with regard to the fishing opportunities allocated each year to 
Poland by the Council. 

In  order  to  address  comprehensively  the  serious  shortcomings  in  the  implementation 
of the Common Fisheries Policy by Poland, resulting in particular in misreported and 
undeclared fishing for the cod in the Eastern Baltic Sea, and to avoid a repetition of the 
overfishing  of  cod  that  occurred  in  2007,  Poland  has  committed  itself  to  adopt  and 
implement National action plans including immediate measures to improve the control 
and  enforcement  systems  in  accordance  with  Community  standards  and  specific 
measures to adjust the capacity of the Polish fleets in order to achieve a stable balance 
between that capacity and the fishing opportunities for cod in the Baltic Sea allocated 
to Poland.. 

(9) 

In light of this commitment and given the high amount of overfishing and the resulting 
socio-economic consequences of its immediate pay-back, it is appropriate to derogate 
from  Article  5  of  Regulation  (EC)  No  847/96  and  to  adopt  specific  rules  for  the 
deduction of the quantities fished in excess.  

(10)  The quantity of cod fished in excess by Poland in 2007 should therefore be deducted 
from Poland's quota over a period of four years, in such a way as to reduce the socio-
economic consequences in particular in the first year.  

(11)  The  Commission  should  evaluate  the  implementation  of  the  National  Action  Plans 
adopted by Poland. If the actions and timelines laid down in the plans are not met, the 
Council may amend the rules for the deduction of the quantities fished in excess. 

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OJ L 115, 9.5.1996, p. 3 

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HAS ADOPTED THIS REGULATION: 

Article 1 

For the purposes of this Regulation "amount overfished in the year 2007" means the amount 
by  which  the  quota  allocated  to  Poland  for  cod  (Gadus  morhua)  in  the  Baltic  Sea 
(Subdivisions 25-32, EC Waters) was exceeded in the year 2007. 

Article 2 

By way of derogation from Article 5 of Regulation (EC) No 847/96 the quotas of cod (Gadus 
morhua) in the Baltic Sea (Subdivisions 25-32, EC Waters) to be allocated to Poland in the 
years  from  2008  to  2011  shall  be  reduced  over  a  period  of  four  years  according  to  the 
following method: 

(a) in the year 2008, a reduction of 10 % of the amount overfished in the year 2007, and  

(b) in the years 2009, 2010 and 2011, reductions of 30 % of the amount overfished in 2007  

1. 

Poland  shall  adopt  and  implement  National  Action  Plans  on  control  and  fleet 
restructuring, including, in particular, measures aiming at: 

Article 3 

(a) 

(b) 

(c) 

a reinforcement of the control of fishing activities, especially for that 
part of the fleet for which cod is a substantial part of the catch; 

an  improved  enforcement  of  Community  and  national  conservation 
rules, and especially catch limits; 

an adjustment of the capacity of that part of the fleet for which cod is a 
substantial part of the catch. 

2. 

Each year, the Commission shall evaluate the implementation of the National Action 
Plans referred to in paragraph 1. If actions are not delivered as planned, the Council 
may on the basis of a proposal by the Commission modify the method for deductions 
referred to in Article 2(a) and (b).  

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

Article 4 

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

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Done at Brussels,  

For the Council 
The President 

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