Council Regulation (EC) No 338/2008 of 14 April 2008 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: 2008-04-14
Institutions: Council of the European Union
Subjects: Baltic Sea, Poland, catch quota, fishery management, fishing regulations, sea fish

17.4.2008

EN

Official Journal of the European Union

L 107/1

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

I

REGULATIONS

COUNCIL REGULATION (EC) No 338/2008

of 14 April 2008

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
Community,

establishing the European

Having regard to Council Regulation (EEC) No 2847/1993 of
12 October 1993 establishing a control system applicable to
the Common Fisheries Policy (1), 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
fixing the fishing opportunities and associated
2006,
conditions for certain fish stocks and groups of
fish
for 2007 (2),
stocks
allocated cod fishing quotas to Poland in the Baltic Sea
for 2007.

in the Baltic Sea

applicable

Commission Regulation (EC) No 804/2007 (3) established
that catches for cod in the Eastern Baltic Sea (Subdi-
visions 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.

information in its possession,

the
On the basis of
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
amounts originally declared by Poland.
times

the

(1) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 1098/2007 (OJ L 248, 22.9.2007, p. 1).

(2) OJ L 367, 22.12.2006, p. 1. Regulation as last amended by Regu-

lation (EC) No 754/2007 (OJ L 172, 30.6.2007, p. 26).

(3) OJ L 180, 10.7.2007, p. 3.

fishing vessels

flying the flag of Poland
Moreover,
continued fishing for that stock after the prohibition,
thereby further overshooting the quota allocated to
Poland for 2007.

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 8 000 tonnes.

is

that

to adopt

the Council

Article 23(2) of Regulation (EEC) No 2847/1993
provides
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.

rules

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
quotas (4). According to Article 5 of
that Regulation
the annual quotas
the quantities fished in excess of
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.

(4)

(5)

(6)

(7)

(4) OJ L 115, 9.5.1996, p. 3.

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Official Journal of the European Union

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(8)

(9)

(10)

(11)

(12)

In order to address comprehensively the serious short-
comings 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 enfor-
cement
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.

systems

in

In light of this commitment and given the high amount
of overfishing and the resulting socio-economic conse-
quences 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.

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

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

rules

for

If

In order to ensure certainty for the fishers concerned as
regards the size of their cod fishing quotas for 2008 in
the Baltic Sea and in order
to avoid endangering
resources, it is essential to decide any reduction in such
quotas for 2008 as early as possible in the fishing season.
Given the urgency of the matter, it is imperative to grant
an exception to the six-week period referred to in Title I
Article 3 of
the Protocol on the role of national
Parliaments in the European Union, annexed to the
Treaty on European Union and to the Treaties estab-
lishing the European Communities,

HAS ADOPTED THIS REGULATION:

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
overfished in the year 2007; and

the amount

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

the amount overfished in 2007.

Article 3

Poland shall adopt and implement National Action Plans
in particular,

restructuring,

including,

1.
on control and fleet
measures aiming at:

(a) 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;

(b) an improved enforcement of Community and national

conservation rules, and especially catch limits;

(c) 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 and report to
the Council on the implementation of the National Action Plans
If actions are not delivered as
referred to in paragraph 1.
planned, the Council may,
in accordance with the procedure
(EEC)
Article
laid
No 2847/1993, modify the method for deductions referred to
in Article 2(a) and (b).

Regulation

down

23(2)

of

in

Article 1
For the purposes of this Regulation ‘amount overfished in the
year 2007’ means the amount by which the quota allocated to

Article 4

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

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

Done at Luxembourg, 14 April 2008.

For the Council
The President

I. JARC