Proposal for a Council Regulation amending Regulation (EC) No 423/2004 as regards the recovery of cod stocks and amending Regulation (EEC) No 2847/93 {SEC(2008) 386} {SEC(2008) 389}
Date: 2008-04-02
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, fishery management, fishery resources, fishing area, fishing controls, sea fish, stock

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.4.2008 
COM(2008) 162 final 

2008/0063 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 423/2004 as regards the recovery of cod stocks and 
amending Regulation (EEC) No 2847/93 

{SEC(2008) 386} 

{SEC(2008) 389} 

 (presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

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•  Grounds for and objectives of the proposal 

The  objective  of  this  proposal  is  to  amend  Council  Regulation  (EC)  No  423/2004  of  26 
February  2004  establishing  measures  for  the  recovery  of  cod  stocks,  the  so-called  cod 
recovery plan.  

The overall objective of Regulation (EC) No 423/2004 is to ensure the safe recovery of the 
cod stocks to the precautionary stock sizes advised by scientists within a time frame of five 
to ten years. 

Scientific  advice  from  the  Scientific,  Technical  and  Economic  Committee  for  Fisheries 
(STECF),  based  on  the  advice  of  the  International  Council  for  the  Exploration  of  the  Sea 
(ICES) has indicated that the reductions arising from the collective effect of total allowable 
landings (TACs), technical measures  (e.g. mesh size, landing compositions, area  closures) 
and complementary effort management regulations have been far from sufficient to reduce 
fishing mortalities to levels required to allow the cod stocks to rebuild Out of the four cod 
stocks in the plan, only the North Sea cod has shown some sign of recovery (a year class 
higher than those of previous years) while none of the other cod stocks show clear sign of 
recovery. 

The  slow  progress  towards  the  achievement  of  the  recovery  of  cod  stocks  makes  it 
necessary  to  revise  the  terms  and  conditions  of  the  plan.  The  experience  gained  in  the 
implementation  of  Regulation  (EC)  No  423/2004,  as  well  as  of  the  effort  management 
regime  associated  (implemented  since  2003  in  the  annual  TAC  and  quota  regulation), 
together with the opinions of stakeholders summarized in the symposium on cod recovery, 
held in March 2007, allow for the identification of the main aspects where the plan needs to 
be modified to improve effectiveness. 

The main new elements to introduce, justifying this amendment are the following: 

–  The need to revise the objectives  

The current evidence on the effect of global warming makes it necessary to revise long term 
objectives  of  recovery  plans.  Rather  than  targeting  specific  biomass  levels  that  may  no 
longer  be  achievable  under  changing  oceanic  conditions,  the  plan  must  concentrate  on 
achieving the optimum exploitation rate that will guarantee the highest sustainable yield that 
the new conditions can provide. 

–  The simplification of the effort management system  

The  effort  management  system  implemented  in  an  annex  of  the  annual  TAC  and  quota 
regulation has become so complex, notably due to the many derogations that it has become 
difficult to implement, to monitor and to control. A new system, based on effort ceilings to 
be managed domestically by Member States is necessary to provide greater simplification of 
the regulation, more flexibility for Member States, and more efficient implementation. 

–  The adaptation of the plan to different levels of recovery  

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The  plan  needs  to  recognize  that  when  stocks  are  getting  better,  more  gradual  approaches 
can be applied. For this reason, the amended plan introduces a modular approach, where the 
adjustment of fishing mortality is a function of the level of recovery achieved. 

–  The provision for harvest rules in data-poor situations  

The recent experience also shows that scientists have often failed to provide the parameters 
to  strictly  apply  the  current  plan,  due  to  the  low  quality  of  data.  This  has  led  to  ad  hoc 
decisions  by  Council.  It  is  necessary  to  provide  clear  rules  to  apply  when  and  where 
scientists cannot provide precise estimates of stock status. 

–  The need to reduce cod discards  

The reduction of discards must be a significant part of the revised plan. New mechanisms 
must be introduced, to encourage fishermen to engage in cod-avoidance programmes. 

–  The incorporation of the Celtic Sea cod stock  

This  stock  was  excluded  from  the  2004  cod  recovery  plan  on  the  basis  of  its  better 
conservation status. However, recent evaluations confirm that this stock is in a similar status 
of overexploitation as the other cod stocks in Community waters. Thus the need to include it 
in the recovery plan. 

In  this  context,  the  control  provisions  must  also  be  adapted  to  the  new  structure  and 
provisions. 

It is therefore necessary to amend the existing cod recovery plan, in order to make it more 
complete, updated to recent developments, simpler, more efficient and easier to implement, 
monitor and control. 

In view of the proposed amendments to the cod recovery plan, certain control measures laid 
down in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control 
system applicable to the common fisheries policy, should be improved to ensure compliance 
with the measures laid down in the amended cod recovery plan. 

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•  General context 

During  the  2002  reform  of  the  Common  Fisheries  Policy,  the  Commission  and  Council 
agreed  to  implement  progressively  multi-annual  plans  and  recovery  plans  concerning 
fisheries  resources  of  interest  to  the  Community.  Plans  have  been  established  concerning 
most stocks of cod in Community waters, two stocks of hake, two stocks of Nephrops, two 
stocks of sole and the stocks of plaice and sole in the North Sea.  

Also in 2002, the Member States were signatories to the Implementation Plan of the World 
Summit on Sustainable Development (Johannesburg). That Implementation Plan includes a 
commitment to exploit fisheries according to maximum sustainable yields (MSY) by 2015. 

The cod stocks in Community waters were the first case where a multi-annual recovery plan 
was implemented. Even though  more  recovery and management plans have been adopted, 
the  cod  recovery  remains  an  essential  component  of  the  Common  Fisheries  Policy  as 
reformed in 2002.  

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The importance of cod fisheries, the implications of cod fishing on fisheries targeting other 
species, the high economic and social interests at stake and the value of cod as a symbolic 
species  make  it  necessary  to  ensure  that  cod  recovery  is  a  success.  For  this  reason,  the 
weaknesses  of  the  current  plan,  identified  by  scientists  and  stakeholders  alike,  must  be 
addressed through an amendment to the current plan. 

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•  Existing provisions in the area of the proposal 

Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and 
sustainable exploitation of fisheries resources under the Common Fisheries Policy, sets the 
general  framework  for  sustainable  exploitation  of  fisheries  resources,  and  identifies  the 
situations in which the Council shall adopt management plans and recovery plans.  

Council  Regulation  (EC)  No  423/2004  of  26  February  2004  establishing  measures  for  the 
recovery of cod stocks.  

•  Consistency with the other policies and objectives of the Union 

The  proposal's  objective  of  sustainable  development  is  consistent  with  the  Community's 
environmental policy, especially the elements of that policy dealing with protecting natural 
habitats and preserving natural resources.  

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

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Consultation methods, main sectors targeted and general profile of respondents 

The  proposal  is  based  on  several  consultations  with  Member  States  as  well  as 
representatives for stakeholders in the Regional Advisory Committees. 

The Commission provided a technical non-paper for the RACs and Member States in 
May  2007,  which  was  based  on  the  idea  that  cod  can  (and  should)  recover  if  fishing 
mortality is reduced sufficiently. The non-paper explored two approaches to achieving 
such  reductions.  One  approach,  based  on  generalised  reductions  in  fishing  effort  in 
many  fisheries  catching  cod,  was  widely  rejected.  The  alternative,  which  was  to  find 
ways to "decouple" cod fishing from other fisheries and to reduce those activities, was 
supported  in  principle  but  few  specific  measures  to  achieve  that  in  practice  were 
suggested. 

The  RACs  have  stated  a  preference  for  a  stock-specific  approach;  however,  few 
specific management measures have been recommended. 

The  main  contributions  from  RACs  are:  a  voluntary  system  of  temporary  closures 
imposed at short notice (so-called "real-time" closures), and a commitment at the level 
of individual vessels to avoid catching cod ("cod avoidance plans").  

As  far  as  effort  management  is  concerned,  the  Commission  discussed  with  Member 
States and with RACs the possibility of a new approach based on the setting of ceilings 
of  fishing  effort  expressed  in  kW-days.  During  the  year  2008  Member  States 
the  necessary 
administrations  and  professional  organisations  may 

introduce 

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administrative arrangements for the new system becoming operational in 2009.  

Summary of responses and how they have been taken into account 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

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ICES  and  STECF  have  been  requested  to  provide  scientific  advice  on  the  long-term 
management  of  the  fisheries  where  possible.  STECF  provided  its  report  on  cod 
recovery in March 2007. 

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Summary of advice received and used 

The main points are: 

•  the reductions arising from the collective effect of total allowable landings (TACs), 
technical  measures  (e.g.  mesh  size,  landing  compositions,  area  closures)  and 
complementary  effort  management  regulations  have  been  far  from  sufficient  to 
reduce fishing mortalities to  levels required to allow the cod  stocks  to rebuild and 
none of the four cod stocks show clear sign of recovery. 

•  STECF  advises  an  immediate  reduction  in  fishing  pressure  on  cod  rather  than  to 
focus  on  the  difficult  definition  and  achievement  of  long  term  targets.  Such  long-
term targets are estimated to be exploitation rates in the region of 50% or less than 
those  estimated  for  recent  years.  Any  reduction  in  fishing  effort  to  reduce  fishing 
pressure  on  cod  should  be  consistent  with  other  management  measures  and 
implemented in a way, which does not allow the remaining effort to be focused on 
cod. 

•  The  effort  management  system  should  be  made  area-specific  and  should  include 

measures to penalise those fisheries exerting the highest mortalities on cod. 

The proposal is based on the advice received. 

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Means used to make the expert advice publicly available 

The  advice  from  ICES  and  STECF  is  publicly  available  on  their  respective  websites 
(www.ices.dk and fishnet.jrc.it/web/stecf ). 

•  Impact assessment 

The impact assessment is based notably on two kinds of input: 

–  The  scientific  analysis,  carried  out  notably  by  the  Scientific,  technical  and 
Economic  Committee  for  Fisheries  (STECF)  which  since  2005  has  analysed  in 
detail the implementation of the existing plan, and has illustrated quantitatively how 
the recovery is making progress on the biological side. 

–  The consultations with stakeholders, starting by a symposium on cod recovery, held 

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in Edinburgh in March 2007, with a wide participation of all stake-holders, and the 
subsequent  opinions  by  the  concerned  Regional  Advisory  Councils,  aided  by  a 
detailed non-paper on options and alternatives prepared by the Commission services 
following the above symposium. 

These elements provided for a clear analysis of the reasons why the current plan is not 
achieving its objectives, and identified a number of alternatives to explore. The main 
ones were: 

–  Replace biomass objectives by fishing mortality objectives; 

–  Ensure a gradual approach, proportional to the status of conservation of the different 

stocks 

–  Favour a regionally-based approach 

–  Provide for greater flexibility to manage the fishing effort; 

De-couple cod from associated species in order to avoid general reductions in fishing 
effort for fisheries where cod is just a by-catch species. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

310 

•  Legal basis 

The legal basis of Regulation (EC) No 423/2004 is Article 37 of the Treaty establishing 
the European Community.  

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•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

However,  the  amendment  proposed  provides  for  greater  decentralisation  to  Member 
States, notably as regards the management of fishing effort among vessels flying their 
own  flag.  This  decentralisation  provides  for  more  flexibility  to  member  States  and 
contributes to simplify Community legislation. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

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It  is  an  amendment  of  an  existing  regulation.  Its'  objective  is  to  improve  and  update 
certain  aspects  of  an  existing  plan,  in  the  light  of  new  evidences  and  based  on  the 
experience gained in the implementation of the existing plan.. 

4)  BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

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531 

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570 

•  Review/revision/sunset clause 

The  proposal  includes  an  Article  providing  for  evaluation  of  management  measures 
each three years from the date of entry into force of the Regulation. 

•  Detailed explanation of the proposal 

The proposed target fishing mortality rates are based on scientific advice from STECF 
and ICES and reflect the current biological situation. An evaluation clause is included 
in  the  proposal  to  ensure  that  the  target  fishing  mortality  rates  can  be  amended  if 
appropriate in the light of new scientific information and advice. 

E-10198 

(Explanatory memorandum validated – 10.881 characters - complying with DGT norm.) 

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2008/0063 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 423/2004 as regards the recovery of cod stocks and 
amending Regulation (EEC) No 2847/93 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
37 thereof, 

Having  regard  to  Council  Regulation  (EC)  No  423/2004  of  26  February  2004  establishing 
measures for the recovery of cod stocks1, and in particular Article 6(4) thereof, 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

(3) 

Recent scientific advice from the International Council for the Exploration of the Sea 
(ICES)  has  indicated  that  the  reductions  in  cod  catches  arising  from  the  collective 
effect  of  total  allowable  landings  (TACs),  technical  measures  and  complementary 
effort  management  measures  have  been  far  from  sufficient  to  reduce  fishing 
mortalities to levels required to allow the cod  stocks to  rebuild and none of the  four 
cod stocks covered by Regulation (EC) No 423/2004 show clear signs of recovery. 

The objective of the current cod recovery plan should be considered to be achieved for 
a stock when, for two consecutive years, the quantity of mature cod has been greater 
than that laid down in the Articles 3 and 5 as being within safe biological limits. That 
objective has not been achieved. 

According to recent scientific submissions, in particular on long-term trends of marine 
ecosystems, desirable long-term levels of biomass cannot be fixed with accuracy. As a 
consequence,  the  objective  of  any  cod  recovery  plan  should  be  changed  from  a 
biomass-based target to a fishing mortality-based target, which should also be applied 
to permitted levels of fishing effort. 

(4) 

Cod  in  the  Celtic  Sea  should  be  covered  by  the  cod  recovery  plan  in  view  of  the 
deterioration of the state of this stock since 2005. 

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OJ L 70, 9.3.2004, p. 8 
OJ C, p. 

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(5) 

(6) 

(7) 

(8) 

New  mechanisms  must  be  introduced,  to  encourage  fishermen  to  engage  in  cod-
avoidance programmes. 

In  the  event  that  STECF  is  not  able  to  advise  on  a  TAC  due  to  lack  of  sufficiently 
accurate  and  representative  information,  provisions  should  be  established  to  ensure 
that a TAC can be set in a consistent manner even under data poor conditions. 

In  order  to  ensure  the  attainment  of  fishing  mortality  targets  and  to  contribute  to 
minimize  discarding,  fishing  opportunities  in  terms  of  fishing  effort  need  also  to  be 
fixed  at  levels  which  are  consistent  with  the  recovery  strategy.  Such  fishing 
opportunities  should,  as  far  as  possible,  be  defined  by  types  of  fishing  gear  on  the 
basis of current fishing practices. 

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  policy3,  as  last  amended  by  Regulation  (EC)  No  2846/984  should  be 
improved to ensure compliance with the measures laid down in this Regulation. 

(9) 

Regulation (EC) No 423/2004 should therefore be amended accordingly. 

(10)  Regulation (EEC) No 2847/93 should be adjusted to the changes made to the recovery 

plan, 

HAS ADOPTED THIS REGULATION: 

Article 1 
Amendments to Regulation (EC) No 423/2004 

Regulation (EC) No 423/2005 is amended as follows: 

(1) 

Chapter I is replaced by the following: 

"CHAPTER I 

SUBJECT MATTER AND DEFINITIONS 

Article 1 

Subject-matter 

This  regulation  establishes  a  recovery  plan  for  five  cod  stocks  (hereinafter  referred  to  as 
"depleted cod stocks") corresponding to the following geographical areas:  

(a) cod in the Kattegat; 

(b) cod in the North Sea, in the Skagerrak and the eastern Channel; 

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OJ L 261, 20.10.1993, p. 1 
OJ L 358, 31.12.1998, p.5 

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(c) cod to the west of Scotland; 

(d) cod in the Irish Sea; 

(e) cod in the Celtic Sea. 

Article 2 

Definitions 

For the purposes of this Regulation the following definitions shall apply: 

(a) 

the definitions laid down in Article 3 of Regulation (EC) No 2371/2002; 

(b) 

"effort group" means a set of vessels flying the flag of a Member State which 
fish in one of the areas set out in Article 1 using fishing gear belonging to one 
of the groupings of gears set out in Annex I;  

(c) 

"catch per unit effort" (cpue) means the quantity of fish caught and expressed 
in weight by one unit of fishing effort expressed in kW days during one year. 

Article 2a 

Geographical definitions 

For  the  purposes  of  this  Regulation,  the  following  geographical  definitions  of  geographical 
areas shall apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

'Kattegat' means that part of Division IIIa, as delineated by the International Council 
for the Exploration of the Sea (IECS), that is bounded on the north by a line drawn 
from  the  Skagen  lighthouse  to  the  Tistlarna  lighthouse  and  from  this  point  to  the 
nearest point on the Swedish coast and on the south by a line drawn from Hasenore 
to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen; 

'North Sea' means ICES Subarea IV and that part of ICES Division IIIa not covered 
by the Skagerrak and that part of ICES Division IIa which lies within waters under 
the sovereignty or jurisdiction of Member States; 

'Skagerrak'  means  that  part  of  ICES  Division  IIIa  bounded  on  the  west  by  a  line 
drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south 
by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from that 
point to the nearest point on the Swedish coast; 

'Eastern Channel' means ICES Division VIId; 

'Irish Sea' means ICES Division VIIa; 

'West  of  Scotland'  means  ICES  Division  VIa  and  that  part  of  ICES  Division  Vb 
which lies within waters under the sovereignty or jurisdiction of Member States. 

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(g) 

'Celtic Sea' means ICES divisions VIIe to VIIk inclusive. 

Article 2b 

Calculation of fishing effort 

For the purposes of this Regulation: 

(a) 

(b) 

1. 

2. 

the capacity of a vessel shall be measured in kilowatt; 

the activity of a vessel shall be measured in days present within a geographical area 
as set out in Article 1. A day present within an area shall be any continuous period of 
24 hours (or part thereof) during which a vessel is present within the area and absent 
from port. 

Article 3  

Objective of the plan 

The plan referred to in Article 1 shall ensure the sustainable exploitation of the cod 
stocks on the basis of maximum sustainable yield.  

The objective set out in paragraph 1 shall be attained while maintaining the fishing 
mortality on cod at 0,4 on ages two to four years. 

(2) 

Chapter II is deleted.  

(3) 

Chapter III is replaced by the following: 

"CHAPTER III 

TOTAL ALLOWABLE CATCHES 

Article 5  

Minimum and precautionary levels 

The minimum level and the precautionary level for each of the depleted cod stocks shall be as 
follows: 

Stock 

Minimum Levels 

Precautionary  

in tonnes 

Levels in tonnes 

Cod in the Kattegat 

Cod in the North Sea, Skagerrak and Eastern Channel 

Cod to the West of Scotland 

Cod in the Irish Sea 

6 400 

70 000 

14 000 

6 000 

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10 500

150 000

22 000

10 000

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Cod in the Celtic Sea 

6 300 

8 800

Article 6 

Procedure for Setting TACs 

1. 

Each year, the Council shall decide on the TAC for the following year for each of the 
depleted  cod  stocks.  The  TACs  shall,  based  on  the  advice  of  STECF,  satisfy  all  of 
the following conditions: 

(a) if the size of the stock in the year prior to the year of application of the TAC 
is below the minimum level established in Article 5, the fishing mortality rate 
shall  be  reduced  by  25%  in  the  year  of  application  of  the  TAC  as  compared 
with the fishing mortality rate in the prior year; 

(b)  if  the  size  of  the  stock  in  the  year  prior  to  the  year  of  application  of  the 
TAC is below the precautionary level set out in Article 5 and above or equal to 
the minimum level established in Article 5, the fishing mortality rate shall be 
reduced  by  15%  in  the  year  of  application  of  the  TAC  as  compared  with  the 
fishing mortality rate in the prior year; and 

(c) if the size of the stock in the year prior to the year of application of the TAC 
is  above  or  equal  to  the  precautionary  level  set  out  in  Article  5,  the  fishing 
mortality rate shall be reduced by 10% in the year of application of the TAC as 
compared with the fishing mortality rate in the prior year.  

2. 

3. 

4. 

5. 

If  the  application  of  paragraph  1(b)  and  (c)  would,  based  on  the  advice  of  STECF, 
result in a fishing mortality rate lower than 0,4 on age-groups 2, 3 and 4, the Council 
shall set the TAC at a level resulting in a fishing mortality rate of 0,4 on those age-
groups. 

When giving its advice in accordance with paragraphs 1 and 2, STECF shall assume 
that the stock is fished, in the year prior to the year of application of the TAC, with a 
reduction  in  fishing  mortality  equal  to  the  reduction  maximum  allowable  fishing 
effort that applies in that year. 

Notwithstanding paragraph 1(b) and (c) and paragraph 2, the Council shall not set the 
TAC  at  a  level  that  is  more  than  15%  below  or  above  the  TAC  established  in  the 
previous year. 

The  TAC  shall  be  calculated  by  deducting  the  following  quantities  from  the  total 
removals of cod that are forecast by STECF as corresponding to the fishing mortality 
rates referred to in paragraphs 1 and 2:  

(a) 

a  quantity  of  fish  equivalent  to  the  expected  discards  of  cod  from  the  stock 
concerned; 

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(b) 

as  appropriate  a  quantity  corresponding  to  other  relevant  sources  of  cod 
mortality to be fixed on the basis of a proposal from the Commission. 

Article 6a 

Procedure for setting TACs in data poor conditions  

Where, due to lack of sufficiently accurate and representative information, STECF is not able 
to  give  an  advice  allowing  the  Council  to  set  the  TAC  in  accordance  with  Article  6,  the 
Council shall decide as follows: 

(a) 

(b) 

1. 

2. 

3. 

where  STECF  advises  that  the  catches  of  cod  should  be  reduced  to  the  lowest 
possible level, the TAC shall be set according to a 25% reduction compared to the 
TAC in the previous year; 

in all other cases the TAC shall be set according to a 15% reduction compared to the 
TAC in the previous year. 

Article 7 

Evaluation of management measures 

Each three years from the date of entry into force of this Regulation, the Commission 
shall  request  STECF  to  evaluate  the  progress  of  each  of  the  depleted  cod  stocks 
towards recovery.  

In  the  event  that  STECF  advises  that  any  of  the  depleted  cod  stocks  is  failing 
properly to recover, the Council shall take a decision 

(a) 

(b) 

setting the TAC for the relevant stock at a level lower than that provided for in 
Articles 6 and 6a; 

setting  the  maximum  allowable  fishing  effort  at  a  level  lower  than  that 
provided for in Article 8a,  

(c) 

establishing associated conditions as appropriate. 

In  the  event  that  STECF  advises  that  the  minimum  and  precautionary  levels  in 
Article  5  or  the  level  of  fishing  mortality  rate  given  in  Article  6(2)  are  no  longer 
appropriate  in  order  to  maintain  a  low  risk  of  stock  depletion  and  a  maximum 
sustainable yield, the Council shall decide on new values for these levels." 

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4) 

Chapter IV is replaced by the following: 

"CHAPTER IV 

Fishing effort limitation 

Article 8 

Fishing effort regime 

The  TACs  set  out  in  Articles  6  and  6a  shall  be  complemented  by  a  fishing  effort  regime 
whereby fishing opportunities in terms of fishing effort are allocated to Member States on an 
annual basis. 

Article 8a 

Fishing effort allocations 

1. 

2. 

3. 

Each year, the Council shall decide on the maximum allowable effort for each effort 
group by Member State.  

The  maximum  allowable  fishing  effort  shall  be  calculated  by  means  of  a  baseline 
established as follows: 

(a) 

for  the  first  year  of  application  of  this  Regulation  the  baseline  shall  be 
established as the average effort in kW-days spent during the years 2005, 2006 
and 2007, based on the advice of STECF. 

(b) 

for the subsequent years of application of this Regulation the baseline shall be 
equal to the maximum allowable fishing effort of the previous year. 

For  effort  groups  which  on  the  basis  of  the  annual  evaluation  of  the  fishing  effort 
management data submitted in accordance with Articles 18, 19 and 20 of Regulation 
(EC) No xxx/20085 have contributed most to the total catch of cod and whose total 
catch  on  basis  of  that  evaluation  consists  by  at  least  80%  of  cod,  the  maximum 
allowable fishing effort shall be calculated as follows:  

(a)  where  Article  6  applies,  by  applying  to  the  baseline  the  same  percentage 

reduction as that set out in Article 6 for fishing mortality; 

(b)  where  Article  6a  applies,  by  applying  to  the  baseline  the  same  percentage 

reduction in fishing effort as the reduction of the TAC. 

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4. 

For effort groups other than those referred to in paragraph 3, the maximum allowable 
fishing effort shall be maintained at the level of the baseline. 

Article 8b 

Member State's obligations 

1. 

For  the  vessels  flying  its  flag,  each  Member  State  shall  decide  on  a  method  for 
allocating the maximum allowable fishing effort to individual vessels, based on the 
following criteria: 

(a) 

promotion  of  good  fishing  practices,  including  data  collection  enhancement, 
discard reduction and minimisation of the impact on juvenile fish; 

(b)  participation  in  cooperative  programmes  to  avoid  unnecessary  by-catches  of 

cod; 

(c) 

low  impact  on  the  environment,  including  fuel  consumption  and  greenhouse 
gas emissions; 

(d)  proportionality  with  respect  to  allocation  of  fishing  opportunities  in  terms  of 

fish quota. 

Each  Member  State  shall  issue  special  fishing  permits  in  accordance  with  Council 
Regulation  (EC)  No  1627/946  for  vessels  flying  its  flag  which  engage  in  fishing 
activities in the geographical areas set out in Article 2a. 

For each effort group, the total capacity expressed both in GT and kW of the vessels 
having  special  fishing  permits  issued  in  accordance  with  paragraph  2  shall  not  be 
greater than the capacity of the vessels that have been active in 2007 using the gear 
and fishing in the geographical area concerned. 

Each Member State shall establish and maintain a list of vessels holding the special 
permit referred to in paragraph 2 and make it available on its official website to the 
Commission and other Member States.  

2. 

3. 

4. 

Article 8c 

Regulation of fishing effort 

Member States shall monitor the capacity and activity of their fleet by effort groups and shall 
take  appropriate  action  if  the  maximum  allowable  fishing  effort  is  about  to  be  reached,  in 
order to ensure that the effort will not exceed the set limits. 

Exchange of maximum allowable fishing effort between Member States 

Article 8d 

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The  maximum  allowable  fishing  effort  established  in  accordance  with  Article  8a  shall  be 
adapted by the Member States concerned in view of:  

(a) 

(b) 

1. 

2. 

3. 

exchanges  of  quotas  carried  out  pursuant  to  Article  20(5)  of  Regulation  (EC)  No 
2371/2002; and  

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

Article 8e 

Exchange of maximum allowable fishing effort across effort groups 

On duly motivated request by a Member State, the Commission may, in accordance 
with  the  procedure  laid  down  in  Article  30(2)  of  Regulation  (EC)  No  2371/2002, 
amend  the  effort  allocations  for  that  Member  State  by  transferring  fishing  capacity 
across effort groups, under the conditions set out in the paragraphs 2 to 4.  

The transfer shall be allowed between gear groupings but not between geographical 
areas. 

The  transfer  shall  only  be  allowed  from  a  donor  gear  grouping  having  shown,  for 
cod, a catch per unit effort (cpue) larger that the cpue of the receiving gear grouping. 
The  Member  State  requesting  the  transfer  shall  provide  the  necessary  cpue 
information. 

4. 

The transfer shall be made on a 1 kW-day to 1kW-day basis." 

(5) 

Article 9 is replaced by the following: 

"Article 9 

Relationship with Regulation (EEC) No 2847/93 

The control measures provided for in this Chapter shall apply in addition to those prescribed 
in Regulation (EEC) No 2847/93.  

Article 9a 

Logbook checks 

1. 

2. 

For  vessels  fitted  with  a  vessel  monitoring  system  (VMS),  Member  States  shall 
verify  that  the  information  received  at  the  fisheries  monitoring  centres  (FMC) 
corresponds  to  activities  recorded  in  the  logbook  by  using  VMS  data.  Such  cross-
checks shall be recorded in computer-readable form for a period of three years. 

Each  Member  State  shall  maintain  and  make  available  on  its  official  website  the 
contact details for the submission of logbooks and landing declarations. 

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Article 9b 

Weighing of cod first landed 

The master of a fishing vessel shall ensure that any quantity of cod caught in the areas set out 
in  Article  2a  and  landed  in  a  Community  port  shall  be  weighed  before  sale  or  before  being 
transported  elsewhere  from  the  port  of  landing.  The  scales  used  for  the  weighing  shall  be 
approved by the competent national authorities. The figure resulting from the weighing shall 
be used for the declaration referred to in Article 8 of Regulation (EEC) No 2847/93. 

Article 9c 

Inspection benchmarks 

Each  Member  State  with  vessels  concerned  by  this  Regulation  shall  set  specific  inspection 
benchmarks. Such benchmarks shall be revised periodically after an analysis has been made 
of  the  results  achieved.  Inspection  benchmarks  shall  evolve  progressively  until  the  target 
benchmarks defined in Annex II are reached. 

Article 9d 

Prohibition on transhipping 

The transhipment of cod at sea is prohibited in the geographical areas set out in Article 2a. 

Article 9e 

Joint surveillance and exchange of inspectors 

Member States concerned shall undertake joint inspection and surveillance activities. 

Article 9f 

National control action programmes 

1. 

2. 

3. 

Member  States  with  vessels  concerned  by  this  Regulation  shall  define  a  national 
control action programme in accordance with Annex III. 

Before  31  January  each  year,  Member  States  with  vessels  concerned  by  this 
Regulation  shall  make  available  to  the  Commission  and  other  Member  States 
concerned  by  this  Regulation  on  its  official  website  their  national  control  action 
programmes together with an implementation schedule. 

The Commission shall convene at least once a year a meeting of the Committee for 
Fisheries and Aquaculture to evaluate compliance with and the results of the national 
control action programmes for cod stocks concerned by this Regulation." 

(6) 

Chapter VI is replaced by the following: 

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"CHAPTER VI 

Decision-making and final provisions 

Article 17 
Decision-making procedure 

Where this Regulation provides for decisions to be taken by the Council, the Council shall act 
by qualified majority on the basis of a proposal from the Commission.  

Article 17a 
Amendments to Annex I 

Based on the advice of STECF, the Commission may amend the Annex I to this Regulation in 
accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002 
and on the basis of the following principles: 

(a) 

effort groups should shall be laid down as homogeneously as possible with respect to 
the  biological  stocks  captured,  the  sizes  of  fish  captured  either  as  target  or  as  by-
catch  and  the  effects  on  the  environment  of  the  fishing  activities  associated  to  the 
effort groups. 

(b) 

the  number  and  size  of  effort  groups  should  shall  be  cost-efficient  in  terms  of 
management burden relative to conservation needs." 

Article 2  
Amendments to Regulation (EC) No 2847/93 

Regulation (EC) No 2847/93 is amended as follows: 

(1) 

Article 19j is replaced by the following: 

"Article 19j 

Each Member State shall notify, without delay, to the other Member States, the identification 
details of the vessels flying its flag for which the authorisation to carry out fishing activities in 
one or more of the fisheries referred to in Articles 3 and 6 of Regulation (EC) No 1954/2003 
or the special fishing permit issued in accordance with Article 8b(2) of Regulation (EC) No 
423/2004 is suspended or withdrawn." 

(2) 

Article 21a is replaced by the following: 

"Article 21a 

Each Member State shall determine the date on which the vessels or a group of vessels flying 
its flag shall be deemed to have reached the maximum fishing effort level in a fishing area as 

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laid  down  in  the  Regulation  referred  to  in  Article  11(2)  or  (3)  of  Regulation  (EC)  No 
1954/2003  and  in  Article  8a  of  Regulation  (EC)  No  423/2004.  As  from  that  date,  it  shall 
provisionally  prohibit  the  fishing  activities  of  the  said  vessels  or  a  group  of  vessels  in  that 
area.  The  Commission  shall  be  notified  forthwith  of  this  measure  and  shall  then  inform  the 
other Member States." 

(3) 

Article 21b is replaced by the following: 

"Article 21b 

Where the vessels or a group of vessels flying the flag of a Member State are deemed to have 
exhausted  70%  of  the  maximum  fishing  effort  allocated  to  them  in  accordance  with 
Regulation  (EC)  No  1954/2003  and  Regulation  (EC)  No  423/2004,  the  Member  State 
concerned  shall  notify  the  Commission  of  the  measures  adopted  pursuant  to  the  second 
subparagraph of Article 7(1) of Regulation (EC) No 685/95." 

(4) 

Article 21c is replaced by the following: 

"Article 21c 

1. 

2. 

On  the  basis  of  the  information  referred  to  in  Article  19i,  the  Commission  shall 
ensure that the maximum fishing effort levels as fixed in accordance with Regulation 
(EC) No 1954/2003 and Regulation (EC) No 423/2004 are complied with. 

Following  notification  under  Article  21a  or  on  its  own  initiative,  the  Commission 
shall  fix,  on  the  basis  of  available  information,  the  date  on  which  the  maximum 
fishing  effort  level  for  the  vessels  or  for  or  a  group  of  vessels  flying  the  flag  of  a 
Member State for a fishing area is deemed to have been reached. From that date on, 
the  vessels  or  a  group  of  vessels  flying  the  flag  of  that  Member  State  shall  not 
undertake fishing activities in the fisheries concerned." 

Article 3 
Entry into force 

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

It shall apply from 1 January 2009.  

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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The following Annex is inserted in Regulation (EC) No 423/2004: 

ANNEX 

"ANNEX I 

Effort groups 

1. 

Gear groupings 

(1)  Bottom trawls (OTB, OTT, PTB) of mesh: 

TR.1 equal to or larger than 100mm 

TR.2 equal to or larger than 70mm and less than 100mm 

TR.3 less than 70mm 

(2)  Beam trawls (TBB) of mesh: 

BT.1 equal to or larger than 80mm 

BT.2 less than 80mm 

(3)  Gill nets, entangling nets (except trammel nets) of mesh 

GN.1 equal to or larger than 150mm 

GN.2 equal to or larger than 110mm and less than 150mm 

GN.3 less than 110mm 

(4)  Trammel nets (TN.1) 

(5)  Longlines (LL.1) 

2. 

Groupings of geographical areas: 

2.1.  For  the  purposes  of  this  Annex,  the  following  geographical  groupings,  shall 

apply: 

(a)  Kattegat; 

(b) 

(i) Skagerrak; 

(ii)  that  part  of  ICES  zone  IIIa  not  covered  by  the  Skagerrak  and  the 

Kattegat; 

ICES zone IV and EC waters of ICES zone IIa; 

(iii) ICES zone VIId; 

(c) 

ICES zone VIIa; 

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(d) 

ICES zone Via; 

(e)  Celtic Sea (ICES zones VIIe to VIIk inclusive). 

3. 

Effort groups: 

The transmission of effort data foreseen in Article 19i of Regulation (EC) No 2847/93 shall 
use the following codes for each effort group: 

Areas 

(a) 

TR1a 

TR2a 

TR3a 

BT1a 

BT2a 

GN1a 

GN2a 

GN3a 

TN1a 

LL1a 

Gear 
groupings 

TR1 

TR2 

TR3 

BT1 

BT2 

GN1 

GN2 

GN3 

TN1 

LL1 

(b) 

(c) 

(d) 

(e) 

TR1b 

TR2b 

TR3b 

BT1b 

BT2b 

GN1b 

GN2b 

GN3b 

TN1b 

LL1b 

TR1c 

TR2c 

TR3c 

BT1c 

BT2c 

GN1c 

GN2c 

GN3c 

TN1c 

LL1c 

TR1d 

TR2d 

TR3d 

BT1d 

BT2d 

GN1d 

GN2d 

GN3d 

TN1d 

LL1d 

TR1e 

TR2e 

TR3e 

BT1e 

BT2e 

GN1e 

GN2e 

GN3e 

TN1e 

LL1e 

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ANNEX II 

SPECIFIC INSPECTION BENCHMARKS 

Objective 

1. 

Each Member State shall set specific inspection benchmarks in accordance with this 
Annex. 

Strategy 

2. 

Inspection and surveillance of fishing activities shall concentrate on vessels likely to 
catch cod. Random inspections of transport and marketing of cod shall be used as a 
complementary cross-checking mechanism to test the effectiveness of inspection and 
surveillance. 

Priorities 

3. 

Different gear types shall be subject to different levels of prioritisation, depending on 
the  extent  to  which  the  fleets  are  affected  by  fishing  opportunity  limits.  For  that 
reason, each Member State shall set specific priorities. 

Target benchmarks 

4. 

Not  later  than  one  month  from  the  date  of  entry  into  force  of  this  Regulation, 
Member  States  shall  implement  their  inspection  schedules  taking  account  of  the 
targets set out below. 

Member States shall specify and describe which sampling strategy will be applied. 

The  Commission  can  have  access  on  request  to  the  sampling  plan  used  by  the 
Member State.  

(a)  Level of inspection in ports 

As a general rule, the accuracy to be achieved should be at least equivalent to 
what  would  be  obtained  by  a  simple  random  sampling  method,  where 
inspections shall cover 20 % of all cod landings by weight in a Member State. 

(b)  Level of inspection of marketing 

Inspection of 5 % of the quantities of cod offered for sale at auction. 

(c)  Level of inspection at sea 

Flexible benchmark: to be set after a detailed analysis of the fishing activity in 
each area. Benchmarks at sea shall refer the number of patrol days at sea in the 
cod management areas, possibly with a separate benchmark for days patrolling 
specific areas. 

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(d)  Level of aerial surveillance 

Flexible  benchmark:  to  be  set  after  a  detailed  analysis  of  the  fishing  activity 
conducted in each area and taking the available resources at the Member State's 
disposal into consideration. 

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ANNEX III 

Contents of national control action programmes 

National control action programmes shall aim, inter alia, to specify the following: 

1. 

MEANS OF CONTROL 

Human resources 

1.1.  The numbers of shore-based and seagoing inspectors and the periods and zones 

where they are to be deployed. 

Technical resources 

1.2.  The  numbers  of  patrol  vessels  and  aircraft  and  the  periods  and  zones  where 

these are to be deployed. 

Financial resources 

1.3.  The  budgetary  allocation  for  deployment  of  human  resources,  patrol  vessels 

and aircraft. 

2. 

ELECTRONIC  RECORDING  AND  REPORTING  OF 
RELATING TO FISHING ACTIVITIES 

INFORMATION 

Description of the systems implemented to ensure compliance with Articles 9a, 10, 
11 and 12.  

3. 

DESIGNATION OF PORTS 

Where relevant, a list of ports designated for cod landings in accordance with Article 
9e. 

4. 

ENTRY INTO OR EXIT FROM SPECIFIC AREAS. 

Description of the systems implemented to ensure compliance with Article 11. 

5. 

LANDINGS CONTROL 

Description of any facilities and or systems implemented to ensure compliance with 
the provisions in Articles 9a, 9b, 9c and 15.  

6. 

INSPECTION PROCEDURES 

The  national  control  action  programmes  shall  specify  the  procedures  that  will  be 
followed: 

(a)  when conducting inspections at sea and on land; 

(b) 

(c) 

for communicating with the competent authorities designated by other Member 
States as responsible for the national control action programme for cod; 

for  joint  surveillance  and  exchange  of  inspectors,  including  specification  of 
powers and authority of inspectors operating in other Member States' waters." 

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