Proposal for a Council Regulation establishing a multi-annual plan for the stock of herring distributed to the West of Scotland and the fisheries exploiting that stock
Date: 2008-05-06
Institutions: European Commission
Subjects: Scotland, authorised catch, fishery management, fishery resources, fishing area, sea fish

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.5.2008 
COM(2008) 240 final 

2008/0091 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a multi-annual plan for the stock of herring distributed to the West of 
Scotland and the fisheries exploiting that stock 

(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 establish a multi-annual plan for the herring stock to 
the West of Scotland and the fisheries on that stock so as to ensure that the exploitation 
of  the  stock  is  in  conformity  with  the  objective  of  providing  a  high  yield  and 
sustainable economic, environmental and social conditions. 

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 stock could be managed in a way that is consistent 
with a high and sustainable yield by managing the rate of fishing mortality to 0.25 per 
year when the size of the stock is greater than 75 000t but at a rate of fishing mortality 
of 0.2 per year when the size of the stock is below 75 000t but above 50 000t. 

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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  and  two  stocks  of  sole.  A  further  plan  concerning  the  stocks  of  plaice  and 
sole in the North Sea has also been adopted. 

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. 

The stock of herring with the largest Community interest is the North Sea herring. This 
stock  has  been  subject  to  a  multiannual  management  arrangement  established  jointly 
with  Norway  since  1997.  The  results  have  been  generally  satisfactory,  and  it  is 
appropriate  to  establish  a  similar  multi-annual  plan  governing  the  exploitation  of  the 
stock  of  herring  to  the  West  of  Scotland.  This  intention  has  been  endorsed  by  the 
Council Declaration of December 2005 inviting the Commission to come forward with 
a proposal concerning a multi-annual management plan for the stock of herring in the 
EC and international waters of Zones Vb and VIb and the northern part of Zone VIa, 
i.e. the West of Scotland area. 

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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.  

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140 

•  Consistency with the other policies and objectives of the Union 

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

is  consistent  with 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

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•  Consultation of interested parties 

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 Pelagic Regional Advisory Committee. 

The  Commission  issued  a  non-paper  setting  out  the  main  elements  relevant  to 
managing  the  fishery  for  herring  to  the  West  of  Scotland  to  be  included  in  a  multi-
annual plan. This was presented to the Pelagic Regional Advisory Council on 20 June 
2006.  

Summary of responses and how they have been taken into account 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

ICES  and  STECF  have  been  requested  to  provide  scientific  advice  on  the  long-term 
management of the fisheries where possible. Such advice was received from ICES in 
October  2005  and  endorsed  by  STECF  in  November  2005  concerning  long-term 
management and harvest rules for the West Scotland herring. The proposal is based on 
the advice received. 

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Summary of advice received and used 

Advice  concerning  the  state  of  the  stock  in  2007  indicates  that  the  stock  is  slightly 
overexploited with respect to maximum sustainable yield. 

A  harvest  rule  establishing  a  method  for  setting  TACs  for  this  stock  in  a  way  that  is 
consistent with high yields and sustainable exploitation has been recommended by the 
scientific agencies. 

The  relevant  stakeholders'  representative  body  –  the  Pelagic  Regional  Advisory 
Council  –  has  provided  the  formal  opinion  that  the  multi-annual  plan  should  be 
adopted, subject to certain technical issues.  

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225 

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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 ). 

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•  Impact assessment 

The  proposed  measures  would,  if  implemented,  result  in  more  stable  TACs  for  this 
stock and would allow better forwards planning by the catching sectors concerned.  

The  implementation  of  the  multi-annual  plan  does  not  imply  radical  changes  in  the 
fishing mortality rate nor in the annual catches compared to recent levels. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

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•  Legal basis 

The multi-annual plan contains provisions for actions to be taken should the stock fall 
below 75 000 tonnes. It is appropriate to base the multi-annual plan directly on Article 
37  of  the  Treaty  rather  than  on  Article  6  of  Council  Regulation  (EC)  No  2371/2002. 
The wider objectives of the  Common Fisheries  Policy  are defined in Article  2 of the 
Common  Fisheries  Policy  and  include  ensuring  the  exploitation  of  living  aquatic 
resources that provides sustainable economic, environmental and social conditions.  

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•  Subsidiarity principle 

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

•  Proportionality principle 

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

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The herring stock distributed West of Scotland is exploited by several Member States 
who retain historic fishing rights. Actions taken by these Member States separately will 
not be sufficient to guarantee the exploitation of the herring stock in accordance with 
the objectives of the Common Fishery Policy. Action on Community level is therefore 
required.  

The  fisheries  on  herring  West  of  Scotland  have  until  now  been  managed  by  total 
allowable  catches  supported  by  technical  measures.  Advice  from  scientific  agencies, 
supported by advice from stakeholders, indicates that better management would result 
from setting total allowable catches in the framework of a multi-annual plan. 

4)  BUDGETARY IMPLICATION 

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The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

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•  Review/revision/sunset clause 

The proposal includes an Article providing both for review and for revision. 

•  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  in  the  West  of  Scotland  area.  A 
revision  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. 

The multi-annual plan contains provisions for a review every four years to verify the 
performance and appropriateness of the management arrangements 

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E-10198 

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2008/0091 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a multi-annual plan for the stock of herring distributed to the West of 
Scotland and the fisheries exploiting that stock 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and 
sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries  Policy3 
requires  that,  to  achieve  that  objective,  the  Community  is  to  apply  the  precautionary 
approach in taking measures to protect and conserve the fisheries resources, to provide 
for their sustainable exploitation and to reduce to a minimum the impact of fishing on 
marine ecosystems. 

Recent scientific advice from the International Council for the Exploration of the Sea 
(ICES) and the Scientific, Technical and Economic Committee for Fisheries (STECF) 
indicate that the stock of herring (Clupea harengus) in the seas to the West of Scotland 
is slightly over fished with respect to maximum sustainable yield. 

It is appropriate to establish a multi-annual plan with the objective of ensuring that the 
stock  will  be  exploited  on  the  basis  of  maximum  sustainable  yield  and  under 
sustainable economic, environmental and social conditions.  

The plan should aim at a progressive implementation of an ecosystem-based approach 
to fisheries management, and should contribute to efficient fishing activities within an 
economically  viable  and  competitive  fisheries  industry,  providing  a  fair  standard  of 
living  for  those  who  depend  on  fishing  West  of  Scotland  herring  and  taking  the 
interests of consumers into account. 

(5) 

Scientific advice from the Scientific, Technical and Economic Committee for Fisheries 
(STECF) and the International Council for the Exploration of the Sea (ICES) indicates 

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OJ C , , p. . 
OJ C , , p. . 
OJ L 358, 31.12.2002, p. 59 

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(6) 

(7) 

(8) 

that the stock of herring in the seas to the West of Scotland, if exploited at a fishing 
mortality of 0.25 when the stock size is above 75 000 tonnes and at a fishing mortality 
of 0.2 when the stock is less than 75 000 tonnes but more than 50 000 tonnes, will be 
sustainable and will provide a reasonably high yield. 

That advice should be implemented by establishing an appropriate method for fixing 
the  total  allowable  catches  (TACs)  for  the  West  Scotland  herring  stock  at  a  level 
consistent with an appropriate long-term fishing mortality and with respect to the size 
of the fish stock. 

To ensure stability in the fishing possibilities, it is appropriate to limit the variation in 
the TACs from one year to the next when the size of the stock is above 75 000 tonnes. 

Control  measures  are  needed  in  addition  to  those  laid  down  in  Council  Regulation 
(EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special 
fishing  permits4,  Council  Regulation  (EEC)  No  2847/93  of  12  October  1993 
establishing  a  control  system  applicable  to  the  common  fisheries  policy5  and 
Commission  Regulation  (EEC)  No  2807/83  of  22  September  1983  laying  down 
detailed rules for recording information on Member States’ catches of fish6 in order to 
ensure compliance with the measures laid down in this Regulation. 

(9) 

The multi-annual plan should be deemed to be a management plan within the meaning 
of Article 6 of Regulation (EC) No 2371/2002,  

HAS ADOPTED THIS REGULATION: 

CHAPTER I 
SUBJECT MATTER AND DEFINITIONS 

Article 1 

Subject matter  

This Regulation establishes a multi-annual plan for the fisheries exploiting the stock of West 
Scotland  herring  (Clupea  harengus)  in  international  and  Community  waters  of  ICES  zones 
Vb and VIb, and that part of ICES zone VIa that lies west of the 7ºW meridian and north of 
the 55ºN parallel, or east of the 7ºW meridian and north of the 56ºN parallel, excluding the 
Clyde (hereinafter together referred to as "the area West of Scotland"). 

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OJ L 171, 6.7.1994, p. 7 
OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 
16.5.2003, p. 1). 
OJ L 276, 10.10.1983, p. 1 

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Article 2 

Definitions 

For  the  purposes  of  this  Regulation,  the  definitions  laid  down  in  Article  3  of 
Regulation (EC) No 2371/2002 shall apply. 

The following definitions shall also apply: 

the International Council for the Exploration of the Sea (ICES) zones are as defined 
in Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal 
catch statistics by Member States fishing in the north-east Atlantic7; 

'total allowable catches' (TAC) means the quantity that can be taken and landed from 
the stock each year; 

'VMS'  means  a  satellite-based  Vessel  Monitoring  System  (VMS)  operated  in 
accordance  with  Commission  Regulation  (EC)  No  2244/2003  laying  down  detailed 
provisions regarding satellite-based Vessel Monitoring Systems8. 

CHAPTER II 
OBJECTIVE AND TARGETS 

Article 3 

Objective and targets 

The  multi-annual  plan  shall  ensure  the  exploitation  of  the  herring  stock  in  the  area 
West of Scotland on the basis of maximum sustainable yield. 

The objective in paragraph 1 shall be attained by: 

(a)  maintaining  the  fishing  mortality  rate  at  0.25  per  year  on  appropriate  age-

groups when the spawning stock is above 75 000 tonnes; 

b)  maintaining  the  fishing  mortality  rate  at  no  more  than  0.2  per  year  on 
appropriate  age-groups  when  the  spawning  stock  is  below  75  000  tonnes  but 
above 50 000 tonnes; 

(c) 

providing  for  the  closure  of  the  fishery  in  the  event  that  the  spawning  stock 
should fall below 50 000 tonnes. 

The objective set out in paragraph 1 shall be attained within a maximum variation in 
TAC of 15% per year when the spawning stock is above 75 000 tonnes. 

OJ L 365, 31.12.1991, p. 1. Regulation as last amended by Commission Regulation (EC) No 448/2005 
OJ L 333, 20.12.2003, p17 

1. 

2. 

(a) 

(b) 

(c) 

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2. 

3. 

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CHAPTER III 
TOTAL ALLOWABLE CATCHES 

Article 4 

Setting of TACs 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

Each year, the Council shall decide by qualified majority on the basis of a proposal 
from the Commission on the TAC for the following year for the herring stock in the 
area West of Scotland. 

When,  according  to  the  opinion  of  the  Scientific,  Technical  and  Economic 
Committee  for  Fisheries  (STECF),  the  spawning  biomass  of  the  stock  will  exceed 
75 000 tonnes in the year for which the TAC is to be fixed, the TAC shall be set at a 
level which, according to the advice of STECF, will result in a fishing mortality rate 
of 0,25 per year. If appropriate that level shall be adjusted in accordance with Article 
5. 

When, according to the opinion of STECF, the spawning biomass of the stock will be 
less than 75 000 tonnes but greater than 50 000 tonnes in the year for which the TAC 
is to be fixed, the TAC shall be set at a level which, according to the advice of the 
STECF, will result in a fishing mortality rate of 0,2 per year. 

When, according to the opinion of STECF, the spawning biomass of the stock will be 
less than 50 000 tonnes in the year for which the TAC is to be fixed, the TAC shall 
be set to 0 tonnes. 

For the purpose of the calculation to be carried out in accordance with paragraphs 2 
and 3, the STECF shall assume that the stock experiences a fishing mortality rate of 
0,25 in the prior to the year for which the TAC is to be fixed. 

Article 5 

Stability in fishing possibilities 

Where  the  application  of  the  first  sentence  of  Article  4(2)  would  result  in  a  TAC 
level  that  exceeds  the  TAC  for  the  preceding  year  by  more  than  15%,  the  Council 
shall adopt a TAC level which is 15% greater than the TAC of that year.  

Where  the  application  of  the  first  sentence  of  Article  4(2)  would  result  in  a  TAC 
level that is more than 15% below the TAC of the preceding year, the Council shall 
adopt a TAC level which is 15% less the TAC of that year. 

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Article 6 

Special fishing permit  

1. 

2. 

3. 

4. 

5. 

In order to fish for herring in the area West of Scotland, vessels shall hold a special 
fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.  

It shall be prohibited for any fishing vessel not holding a fishing permit as referred to 
in paragraph 1 to fish for, or retain on board, any quantity of herring while the vessel 
is engaged on a fishing trip that has included the presence of that vessel in the area 
West of Scotland.  

Vessels to which the special fishing permit referred to in paragraph 1 has been issued 
shall  not  be  permitted  to  fish  outside  the  area  West  of  Scotland  during  the  same 
fishing trip. 

Paragraph  3  shall  not  apply  to  vessels  which  transmit  their  catch  report  on  a  daily 
basis  to  the  Fisheries  Monitoring  centre  of  the  flag  Member  State,  provided  for  in 
Article 3(7) of Regulation (EEC) No 2847/93, for inclusion in its computerised data 
base. 

Each Member State shall establish and maintain a list of vessels holding the special 
permit referred to in paragraph 1 and make it available on its official website to the 
Commission  and  other  Member  States.  The  vessels  to  which  the  provisions  of 
paragraph 4 apply shall be clearly identified on the list. 

Article 7 

Cross-checks 

In  addition  to  the  obligations  laid  down  in  Article  19  of  Regulation  (EEC)  No  2847/93, 
Member States shall carry out administrative cross-checks between landing declarations, the 
fishing areas and catches recorded in the logbook, catch reports submitted in accordance with 
Article  6(4)  and  VMS  data.  Such  cross-checks  shall  be  recorded  and  made  available  to  the 
Commission on request.  

CHAPTER IV 
FOLLOW-UP 

Article 8 

Revision of minimum fishing mortality rates 

Where the Commission, on the basis of advice from STECF, finds that the fishing mortality 
rates  and  associated  spawning  stock  biomass  levels  specified  in  Article  3(2)  are  not 
appropriate to achieving the objective specified in Article 3(1), the Council shall on the basis 
of a Commission proposal decide by qualified majority on a revision to those quantities. 

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Article 9 

Evaluation and review of the plan 

1. 

2. 

The Commission shall seek advice each year from STECF and the Pelagic Regional 
Advisory Council on the achievement of the targets of the multi-annual plan. Where 
the advice indicates that the targets are not being met, the Council shall decide by a 
qualified  majority  on  a  proposal  from  the  Commission  on  either  or  both  additional 
and alternative measures to ensure that the targets are met. 

The  Commission  shall  review  the  performance  and  operation  of  the  multi-annual 
plan  at  intervals  of  not  less  than  four  years  from  the  date  of  adoption  of  this 
Regulation.  The  Commission  shall  seek  the  advice  of  STECF  and  of  the  Pelagic 
Regional  Advisory  Council  concerning  the  review.  If  appropriate  the  Council  shall 
decide  by  a  qualified  majority  on  a  proposal  from  the  Commission  on  appropriate 
adaptations to the multi-annual plan. 

CHAPTER V 
FINAL PROVISIONS 

Article 10 

European Fisheries Fund 

The  multi-annual  plan  shall  be  deemed  to  be  a  management  plan  within  the  meaning  of 
Article  6  of  Regulation  (EC)  No  2371/2002,  and  for  the  purposes  of  Article  21(a)(iv)  of 
Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund9. 

Article 11 

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, 

For the Council 
The President 

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OJ L 223, 15.8.2006, p. 1.  

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