Proposal for a Council Regulation amending Regulations (EC) No 2015/2006 and (EC) No 40/2008, as regards fishing opportunities and associated conditions for certain fish stocks
Date: 2008-06-20
Institutions: European Commission
Subjects: EU waters, authorised catch, catch quota, common fisheries policy, fishery management, fishery resources, fishing area, fishing regulations

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.6.2008 
COM(2008) 377 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulations (EC) No 2015/2006 and (EC) No 40/2008, as regards fishing 
opportunities and associated conditions for certain fish stocks 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Council Regulation (EC) No 2015/20061 fixes for 2007 and 2008 the fishing opportunities for 
Community fishing vessels for certain deep-sea fish stocks.  

The  descriptions  of  certain  fishing  zones  in  that  Regulation  should  be  clarified  in  order  to 
ensure the correct identification of the area in which a quota can be fished.  

Council Regulation (EC) No 40/2008 fixes for 2008 the fishing opportunities and associated 
conditions for certain fish stocks and groups of stocks applicable in Community waters and 
for Community vessels, in waters where limitations in catch are required2. 

The  coordinates  for  certain  fisheries  restrictive  areas  were  inaccurately  indicated  in  that 
Regulation and should be corrected.  

Certain quotas and footnotes were inaccurately indicated in that Regulation for certain species 
and should be corrected.  

Pursuant  to  consultations  between  the  Community  and  Iceland  on  10  April  2008  an 
arrangement  was  reached  on  capelin  quotas  for  Icelandic  vessels  to  be  fished  from  the 
Community  quota  allocated  under  its  Agreement  with  the  Government  of  Denmark  and  the 
local Government of Greenland before 30 April 2008, and for Community vessels fishing for 
Redfish in the Icelandic Exclusive Economic Zone to be fished between July and December. 
This arrangement should be implemented in Community law.  

The Agreement established between the European Community, the Faroe Islands, Greenland, 
Iceland,  Norway  and  the  Russian  Federation  in  Copenhagen  on  13-14  February  2008 
regarding the management of redfish in the Irminger Sea and adjacent waters in the NEAFC 
Convention  Area  in  2008  should  be  implemented  in  Community  law.  As  the  concerned 
Agreement is applicable for the whole of 2008, the implementation of that Agreement should 
apply retroactively from 1 January 2008.  

The  conclusions  of  the  EU/Greenland  Joint  Committee  meeting  on  27  November  2007  in 
Nuuk and the technical meeting on 12 February 2008 in Copenhagen, as regards the EC share 
of  redfish  in  Greenland  waters  of  ICES  zones  V  and  XIV  should  be  implemented  in 
Community law. As the arrangement concluded with Greenland is connected to the NEAFC 
Agreement  on  management  of  redfish  in  the  Irminger  Sea,  the  implementation  of  the 
conclusions  of  the  EU/Greenland  Joint  Committee  meeting  should  also  apply  retroactively 
from 1 January 2008.  

In accordance with the Agreed Record of conclusions of fisheries consultations between the 
European  Community  and  Norway  of  26  November  2007,  the  Community  shall  undertake 
trials in 2008 on technical measures for towed gears to reduce the proportion, in number, of 
the catch of cod that is discarded to equal to or less than 10%. This  arrangement should be 
implemented in Community law. 

The present proposal intends to introduce the necessary amendments to Regulations (EC) No 
2015/2006 and (EC) No 40/2008.  

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OJ L 384, 29.12.2006, p. 28. Regulation as last amended by Council Regulation (EC) No 1533/2007 
OJ L 19, 23.1.2008, p. 1 

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The  Council  is  requested  to  adopt  this  proposal  as  soon  as  possible  in  order  to  allow 
fishermen to plan their activities for this fishing season. 

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Proposal for a 

COUNCIL REGULATION 

amending Regulations (EC) No 2015/2006 and (EC) No 40/2008, as regards fishing 
opportunities and associated conditions for certain fish stocks 

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 
Policy3, and in particular Article 20 thereof, 

Having regard to the proposal from the Commission4, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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Council  Regulation  (EC)  No  2015/20065  fixes  for  2007  and  2008  the  fishing 
opportunities for Community fishing vessels for certain deep-sea fish stocks.  

The descriptions of certain fishing zones in that Regulation should be clarified in order 
to ensure the correct identification of the area in which a quota can be fished.  

Council  Regulation  (EC)  No  40/20086  fixes  for  2008  the  fishing  opportunities  and 
associated  conditions  for  certain  fish  stocks  and  groups  of  fish  stocks,  applicable  in 
Community waters and, for Community vessels, in waters where catch limitations are 
required. 

The  coordinates  for  certain  fisheries  restrictive  areas  were  inaccurately  indicated  in 
that Regulation and should be corrected.  

Certain quotas and footnotes were inaccurately indicated in that Regulation for certain 
species and should be corrected.  

Pursuant  to  consultations  between  the  Community  and  Iceland  on  10  April  2008  an 
arrangement was reached on capelin quotas for Icelandic vessels to be fished from the 

OJ  L  358,  31,12,2002,  p.  59.  Regulation  as  amended  by  Regulation  (EC)  No 865/2007  (OJ  L  192, 
24.7.2007, p. 1) 
OJ C, p. 
OJ L 384, 29.12.2006, p. 28. Regulation as last amended by Regulation (EC) No 1533/2007 (OJ L 337, 
21.12.2007, p. 21)). 
OJ L 19, 23.1.2008, p.1. 

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Community  quota  allocated  under  its  Agreement  with  the  Government  of  Denmark 
and  the  local  Government  of  Greenland  before  30  April  2008,  and  for  Community 
vessels  fishing  for  Redfish  in  the  Icelandic  Exclusive  Economic  Zone  to  be  fished 
between July and December. That arrangement should be implemented in Community 
law.  

The  Agreement  established  between  the  European  Community,  the  Faroe  Islands, 
Greenland,  Iceland,  Norway  and  the  Russian  Federation  in  Copenhagen  on  13-14 
February 2008 regarding the management of redfish in the Irminger Sea and adjacent 
waters in the NEAFC Convention Area in 2008 should be implemented in Community 
law. As the Agreement is applicable for the whole of 2008, the measures adopted for 
its implementation should apply retroactively from 1 January 2008.  

The conclusions of the EU/Greenland Joint Committee meeting on 27 November 2007 
in Nuuk and the technical meeting on 12 February 2008 in Copenhagen, as regards the 
EC  share  of  redfish  in  Greenland  waters  of  ICES  zones  V  and  XIV  should  be 
implemented  in  Community  law.  As  the  arrangement  concluded  with  Greenland  is 
connected to the NEAFC Agreement on management of redfish in the Irminger Sea, 
the measures adopted for the implementation of the conclusions of the EU/Greenland 
Joint Committee meeting should also apply retroactively from 1 January 2008.  

In  accordance  with  the  Agreed  Record  of  conclusions  of  fisheries  consultations 
between  the  European  Community  and  Norway  of  26  November  2007,  the 
Community  is  to  undertake  trials  in  2008  on  technical  measures  for  towed  gears  to 
reduce the proportion, in number, of the catch of cod that is discarded to equal to or 
less than 10%. That arrangement should be implemented in Community law. 

(7) 

(8) 

(9) 

(10)  Regulations  (EC)  No  2015/2006  and  (EC)  No  40/2008  should  therefore  be  amended 

accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1  
Amendments to Regulation (EC) No 2015/2006 

Part 2 of the Annex to Regulation (EC) No 2015/2006 is amended in accordance with Annex I 
to this Regulation. 

Article 2 
Amendments to Regulation (EC) No 40/2008 

Regulation (EC) No 40/2008 is amended as follows: 

(1) 

In Article 30(1), point (a) is replaced by the following: 

"(a)  Deep Sea fisheries restricted area 'Lophelia reef of Capo Santa Maria di Leuca' 

- 39º 27,72' N, 18º 10,74' E 

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- 39º 27,80' N, 18º 26,68' E 

- 39º 11,16' N, 18º 35,58' E 

- 39º 11,16' N, 18º 04,28' E" 

(2) 

Annexes  IA,  IB,  III  and  XIV  to  Regulation  (EC)  No  40/2008  are  amended  in 
accordance with Annex II to this Regulation. 

Article 3 
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. 

However, Article 2, as regards the amendments set out in Annex II, point 2(b) and (c) to this 
Regulation 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 

In the Annex to Regulation (EC) No 2015/2006, Part 2 is amended as follows: 

The entry concerning the species Orange roughy in Community waters and waters not under 
the sovereignty or jurisdiction of third countries of ICES zones I, II, III, IV, V, VIII, IX, X, 
XI, XII and XIV is replaced by the following: 

"Species: 

Orange roughy 

Zone: 

Community  waters  of I,  II,  III,  IV,  V,  VIII,  IX,  X, 
XII and XIV 

Year 
Spain 
France 
Ireland 
Portugal 
United Kingdom 
EC 

 Hoplostethus atlanticus 

2007 
 4 
 23 
 6 
 7 
 4 
 44 

2008  
 3  
 15  
 4  
 5  
 3  
 30"  

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ANNEX II 

The Annexes to Regulation (EC) No 40/2008 are amended as follows: 

(1) 

In Annex IA:  

(a)  The entry concerning the species Blue whiting in EC waters of II, IVa, V, VI 

north of 56°30N and VII west of 12°W is replaced by the following: 

"Species: 

Blue whiting 

Zone: 

Norway 

Faroe Islands 

Micromesistius 
poutassou 

196 269 

31 000 

(1) (2) 

(3)(4) 

TAC 

1 266 282 

EC waters of II, IVa, V, VI north of 56°30N 
and VII west of 12°W 

WHB/24A567 

Analytical 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(2) of Regulation (EC) No 847/96 applies. 

To be counted against Norway's catch limits established under the Coastal States arrangement. 
The catch in zone IV shall be no more than 48 418 tonnes.  
To be counted against the catch limits of the Faroe Islands established under the Coastal 

(1) 
(2) 
(3) 
Statesarrangement. 
(4)  May also be fished in zone VIb. The catch in zone IV shall be no more than 7 750 tonnes." 

(b)  The entry concerning the species skates and rays in EC waters of IIa and IV is 

replaced by the following: 

"Species: 

Skates and rays 

Zone: 

EC waters of IIa and IV 

Rajidae 

SRX/2AC4-C 

 277 

(1) (2) 

Analytical TAC 

Article 3 of Regulation (EC) No 847/96 applies. 

Article 4 of Regulation (EC) No 847/96 applies. 

Article 5(2) of Regulation (EC) No 847/96 applies. 

 11 

 14 

 43 

(1) (2) 

(1) (2) 

(1) (2) 

 236 

(1) (2) 

1 062 

(1) (2) 

1 643 

(1) 

1643 

Belgium 

Denmark 

Germany 

France 

The Netherlands 

United Kingdom 

EC 

TAC 

(1) 

Catches of Cuckoo ray (Leucoraja naevus) (RJN/2AC4-C), Thornback ray (Raja clavata) (RJC/2AC4-C), 
Blonde  ray  (Raja brachyuran)  (RJH/2AC4-C),  Spotted  ray  (Raja montagui)  (RJM/2AC4-C),  Starry ray 
(Amblyraja radiate) (RJR/2AC4-C) and Common skate (Dipturus batis) (RJB/2AC4-C) shall be recorded 
separately  in  the  logbook,  in  transhipment  declarations,  in  landing  declarations,  in  sales  notes  and  in 
transport or takeover declarations. 

(2) 

By-catch quota. These species shall not comprise more than 25% by live weight of the catch retained on 

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board. This condition applies only to vessels over 15 m length over-all." 

(2) 

In Annex IB: 

(a)  The entry concerning the species capelin in Greenland waters of ICES zones V 

and XIV is replaced by the following: 

Species: 

Capelin 

Zone: 

Greenland waters of V and XIV 

Mallotus villosus 

CAP/514GRN 

All Member States 

0 

EC 

TAC 

23 716 

(1) (2) 

Not relevant 

(1) Of which 23 716 tonnes are allocated to Iceland.  

(2) To be fished before 30 April 2008.  

(b)  The  entry  concerning  the  species  Redfish  in  EC  and  international  waters  of 
ICES  zone  V  and  EC  waters  of  ICES  zones  XII  and  XIV  is  replaced  by  the 
following: 

Species: 

Estonia 

Germany 

Spain 

France 

Ireland 

Latvia 

The Netherlands 

Poland 

Portugal 

United Kingdom 

EC 

TAC 

(1) 

Redfish 

Sebastes spp. 

Zone: 

EC and international waters of V; international 
waters of XII and XIV 

RED/51214. 

Article 3 of Regulation (EC) No 847/96 does not apply. 

Article 4 of Regulation (EC) No 847/96 does not apply. 

Article 5(2) of Regulation (EC) No 847/96 applies. 

(1)  

(1)  

(1) 

(1) 

(1) 

(1) 

(1) 

(1)  

(1)  

(1)  

(1)  

210 

4 266 

749 

398 

1 

76 

2 

384 

896 

10 

6 992 

46 000 

No more than 65% of the quota can be taken North of 59ºN and East of 36ºWduring the period from 1 
April to 15 July 2008. No more than 30% of the catch limits can be taken North of 59ºN and East of 
36ºW during the period 1 April to 10 May 2008.  

(c)  The entry concerning the species Redfish in Greenland waters of ICES zones V 

and XIV is replaced by the following: 

"Species: 

Redfish 

Zone: 

Greenland waters of V and XIV  

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Sebastes spp. 

RED/514GRN 

Germany 

France 

United Kingdom 

4 248 

Article 3 of Regulation (EC) No 847/96 does not apply. 

22 

30 

Article 4 of Regulation (EC) No 847/96 does not apply. 

Article 5(2) of Regulation (EC) No 847/96 applies. 

EC 

TAC 

(1) 

(2) 

8 000 

(1) (2) 

Not relevant 

May only be fished by pelagic trawl. May be fished East or West. The quota may be taken in the 
NEAFC Regulatory Area on the condition that Greenlandic reporting conditions are fulfilled. 

3 500 tonnes to be fished with pelagic trawl are allocated to Norway and 200 tonnes are allocated to the 
Faroe Islands. " 

(d)  The entry concerning the species Redfish in Icelandic waters of ICES zone Va 

is replaced by the following: 

Species: 

Redfish 

Zone: 

Icelandic waters of Va 

Sebastes spp. 

RED/05A-IS 

Belgium 

Germany 

France 

100 

(1) (2)  

Article 3 of Regulation (EC) No 847/96 does not apply. 

1690 

(1) (2)  

Article 4 of Regulation (EC) No 847/96 does not apply. 

(1) (2)  

50 

Article 5(2) of Regulation (EC) No 847/96 applies. 

United Kingdom 

EC 

TAC 

1 160 

(1) (2)  

3 000 

(1) (2)  

Not relevant 

(1) Including unavoidable by-catches (by-catches of cod not permitted). 

(2) To be fished between July and December. 

(3) 

In Annex III: 

(a)  A new point 9a is inserted after point 9: 

"9a.  Reduction of cod discards 

9a.1.  Member  States  which  hold  a  cod  quota  shall  undertake  trials  in  2008  on 
technical measures for towed gears to reduce the proportion, in number, of the 
catch of cod that is discarded to equal to or less than 10%.  

9a.2.  Member  States  shall  make  the  results  of  the  trials  laid  down  in  point  9a.1 

available to the Commission before 31 December 2008.  

(b) 

In  point  13.1  the  coordinates  for  the  'Hatton  Bank'  are  replaced  by  the 
following: 

"Hatton Bank: 

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59º 26' N, 14º 30' W 

59º 12' N, 15º 08' W 

59º 01' N, 17º 00' W 

58º 50' N, 17º 38' W 

58º 30' N, 17º 52' W 

58º 30' N, 18º 22' W 

58º 03' N, 18º 22' W 

58º 03' N, 17º 30' W 

57º 55' N, 17º 30' W 

57º 45' N, 19º 15' W 

58º 30' N, 18º 45' W 

58º 47' N, 18º 37' W 

59º 05' N, 17º 32' W 

59º 16' N, 17º 20' W 

59º 22' N, 16º 50' W 

59º 21' N, 15º 40' W" 

(4) 

In Annex XIV: 

In  the  text  reproducing  Annex  3  to  Resolution  GFMC/31/2007/2,  the  geographical 
coordinates  for  GFCM  Geographical  Sub-Area  (GSA)  number  2  are  replaced  by  the 
following: 

"36º 05' N 3º 20' W 

36º 05' N 2º 40' W 

35º 45' N 2º 40' W 

35º 45' N 3º 20' W" 

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