Proposal for a Council Regulation establishing a long-term plan for the northern stock of hake and the fisheries exploiting that stock {SEC(2009)300 {SEC(2009)301}
Date: 2009-03-17
Institutions: European Commission
Subjects: North Sea, authorised catch, conservation of fish stocks, fishery management, fishery resources, fishing area, fishing controls, sea fish

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.3.2009 
COM(2009) 122 final 

2009/0039 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a long-term plan for the northern stock of hake and the fisheries exploiting 
that stock 

{SEC(2009)300 
{SEC(2009)301} 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
 
EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

1
1
0 

This proposed Regulation establishes a long-term plan for the management of the northern 
stock  of  hake  and  the  fisheries  exploiting  this  stock.  The  objective  of  the  plan  shall  be  to 
maintain  the  biomass  of  the  Northern  hake  stock  at  a  level  that  allows  its  sustainable 
exploitation  in  accordance  with  maximum  sustainable  yield,  on  the  basis  of  scientific 
advice, and while aiming at stability and profitability for the fishing sector. These objectives 
are  in  line  with  the  objectives  of  the  Common  Fisheries  Policy  as  set  out  in  Article  2  of 
Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and 
sustainable exploitation of the fisheries resources under the Common Fisheries Policy1, and 
in  paragraph  30  of  the  Implementation  Plan  of  the  World  Summit  on  Sustainable 
Development, Johannesburg, 2002. 

The  plan  replaces  and  repeals  Council  Regulation  (EC)  No  811/2004  of  21.04.2004 
establishing measures for the recovery of the Northern hake stock.  

The main new elements to introduce in the new plan are as follows. 

–  The need to revise the objectives  

The  scientific  advice  makes  it  appropriate  to  concentrate  on  achieving  the  optimum 
exploitation  rate  that  will  guarantee  the  highest  sustainable  yield  that  the  oceanographic 
conditions can allow. Rather than targeting specific biomass levels it has proven necessary 
to provide for a situation where the stock may fluctuate unpredictably around the recovery 
target, and to obviate making separate recovery or long-term plans. It is therefore proposed 
to fix the objective of exploiting the stock at a fishing mortality rate of 0.17 per year. This in 
accordance with scientific advice that fishing at this rate will provide the highest yields from 
the stock. 

–  The adaptation of the plan to current social and economic conditions  

The fishing sector is currently undergoing a period of rapid restructuring caused by the high 
fuel prices in 2008 and due to low profitability. The new plan should take account of these 
changes and should focus on returning the fishery to as profitable a level as possible in the 
shortest reasonable time-frame. 

–  The provision for harvest rules in data-poor situations  

Recent experience concerning other stocks has shown that data may not always be available 
to provide the parameters to apply the plan. It is necessary to provide clear rules to apply 
when and where scientists cannot provide precise estimates of stock status. 

–  The need to reduce hake discards  

–  A reduction in the fishing mortality rate used to target hake to that necessary to take the 
highest  yields  will  lead  to  lower  discarding  rates,  both  of  hake  and  of  other  species 
caught  together with hake. The  lower  fishing mortality rate allows the accumulation of 
larger and older fish in the stock, so that fewer unmarketable juvenile fish are caught as 
unavoidable by-catch. 

1 

OJ L 358, 31.12.2002, p. 59 

EN 

2 

   EN 

 
                                                 
–  Control provisions 

Control provisions must also be adapted to the new structure and provisions. In view of the 
proposed  changes  to  hake  management,  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  new 
measures.  

General context 

1
2
0 

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. 

Also 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. The stock of northern hake 
was the second case (after cod) where a multi-annual recovery plan was implemented.  

That  existing  hake  recovery  plan  stipulated  that  when  the  size  of  the  hake  stock  had 
exceeded its recovery target for two consecutive years, the recovery plan should be replaced 
with  a  management  plan.  In  2007,  scientific  advice  indicated  that  that  target  had  been 
reached  after  which  the  preparation  of  the  proposal  started.  More  recent  scientific  advice 
indicates  that  the  state  of  the  stock  has  changed  and  that  the  stock  can  no  longer  be 
considered to have exceeded its recovery target during two consecutive years. It has proven 
necessary to provide for a situation where the stock may fluctuate unpredictably around the 
recovery target, and to obviate making separate recovery or long-term plans. It is therefore 
appropriate  to  replace  the  recovery  plan  by  a  plan  which  is  applicable  when  the  stock  is 
either above or below the target level. Such a plan should deliver compliance with the MSY 
objectives. It would include TAC setting rules for situations where the stock is either above 
or  below  the  precautionary  biomass  level  of  mature  fish  to  140 000  tonnes  as  well  as  the 
situation where the biomass may fall below the minimum level of 100 000t.  

1
3
0 

1
4
0 

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.  

Council  Regulation  (EC)  No  811/2004  of  21  April  2004  establishing  measures  for  the 
recovery  of  the  northern  hake  stock  establishes  the  rules  for  setting  the  TACs  for  the 
northern hake stock, aiming to bring the stock above the precautionary level.  

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.  

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

EN 

3 

   EN 

 
 
Consultation of interested parties 

211 

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 
February 2008. 

This  paper  examined  various  methods  and  consequences  of  gradually  moving  the 
exploitation  of  the  stock  towards  sustainable  management  consistent  with  the  2002 
Johannesburg  commitments.  Reducing  fishing  mortality  would  (after  a  transitional 
period)  lead  to  more  stable  catches,  lower  discards  and  would  contribute  to  reducing 
overfishing of other species in the same area and that are caught in the same fisheries.  

Reference  was  made  to  the  then  current  scientific  advice  identifying  the  fishing 
mortality consistent with maximum sustainable yield as being F=0.17. 

A  minimum  annual  reduction  in  fishing  mortality  of  10%  per  year  should  apply, 
otherwise benefits would be unlikely to appear within a reasonable time. 

The  gear  types  used  to  catch  hake  as  reported  by  Member  States  were  described, 
together  with  some  important  vessel  types  used  by  the  relevant  Member  States  in 
catching hake. 

The industry was consulted on various options concerning the means to reduce fishing 
mortality, including:  

•  how to improve control and enforcement;  

•  the pace of reductions in fishing mortality; 

•  changing  fishing  methods  to  avoid  catching  smaller  fish,  including  mesh  size 

increases in various fisheries ; 

•  managing fisheries using days-at-sea or kW-days limits in addition to TACs; 

•  decommissioning of vessels; 

The  consultation  paper  was  addressed  to  the  North-West  and  to  the  South-West 
Regional Advisory Council. These bodies are established by the European Community 
to  allow  representatives  of  catching  and  processing  industry  sectors,  environmental 
non-governmental  organisations,  recreational  fishermen  and  various  other  groups  to 
provide advice to the European Commission.  

212 

Summary of responses and how they have been taken into account 

EN 

4 

   EN 

 
 
Collection and use of expertise 

221 

Scientific/expertise domains concerned 

ICES  and  STECF  have  been  requested  to  provide  scientific  advice  on  the  long-term 
management of hake. STECF provided its report at a meeting of 4th to 8th. June 20072. 
A report on economic impacts was prepared at a meeting in December 20073. 

2249 

Summary of advice received and used 

•  The main points are:  

•  STECF  advises  that  there  are  substantial  long-term  benefits  in  moving  from  the 
precautionary  fishing  mortality  rate  specified  in  the  recovery  plan  (F=0.25)  to  the 
fishing  mortality  rate  associated  with  maximum  sustainable  yield  (F=0.17).  There 
are,  however,  transitional  reductions  in  catches  incurred  on  moving  to  the  lower 
rate. 

•  While STECF also advises that yields could be improved by changing fishing gears 
so  as  to  reduce  the  catches  of  smaller  fish,  the  RAC  members  did  not  agree  on 
increasing the mesh sizes of nets that are used in fisheries where hake are caught. 

•  The  RACs  agreed  with  a  need  to  reduce  fishing  mortality  and  fishing  effort,  but 
considered  that  this  should  be  done  in  line  with  structural  adjustments  in  fishing 
capacity and not through management of kW-days or days-at sea. 

•  The RACs did not support the introduction of new closed areas. 

The proposal is based on the advice received. 

225 

226 

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 ). 

230 

Impact assessment 

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

–  The  biological  analysis,  carried  out  notably  by  the  Scientific,  technical  and 
Economic Committee for Fisheries (STECF) which has analysed biological options 
concerning alternative target fishing mortality rates and method for achieving those 
rates; 

–  An  economic  analysis,  also  prepared  by  STECF,  which  takes  into  account  the 
possible changes in costs and earnings of the relevant fleets for different options; 

2 

3 

Northern hake long-term management plans. Lisbon, 4-8 June 2007. Report of The Sub-Group meeting 
on  Balance  between  Resources  and  their  Exploitation  of  the  Scientific,  Technical  and  Economic 
Committee for Fisheries. 
Northern  hake  long-term  management  plan  impact  assessment.  Subgroup  on  Balance  between 
Resources and their Exploitation, of the Scientific, Technical and Economic Committee for Fisheries. 

EN 

5 

   EN 

 
 
 
                                                 
–  The  consultations  with  stakeholders,  principally  the  joint  advice  of  the  North-

Western and South-Western Waters RACs. 

–  The 

impact 

assessment 

is 

available 

at: 

http://ec.europa.eu/governance/impact/practice_en.htm 

LEGAL ELEMENTS OF THE PROPOSAL 

310 

Legal basis 

The legal basis for establishing long-term plans is Article 37 of the Treaty establishing 
the European Community.  

329 

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.  

331 

Compared  with  the  existing  recovery  plan,  the  proposed  Regulation  implements  only 
sufficient  changes  to  ensure  that  the  stock  will  be  exploited  in  conformity  with 
maximum sustainable yield and in line with the recent scientific advice. 

BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Community budget. 

ADDITIONAL INFORMATION 

Review/revision/sunset clause 

531 

532 

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

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. 

EN 

6 

   EN 

 
 
 
 
2009/0039 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a long-term plan for the northern stock of hake 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 Commission4, 
Having regard to the opinion of the European Parliament5, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

In view of the Implementation Plan adopted at the UN World Summit on Sustainable 
Development  adopted  at  Johannesburg  in  2002,  the  European  Community  is 
committed inter alia to maintain or restore fisheries stocks to levels that can produce 
the  maximum  sustainable  yield  with  the  aim  of  achieving  these  goals  for  depleted 
stocks on an urgent basis and where possible not later than 2015. . 

In  order  to  improve  the  state  of  the  northern  stock  of  hake,  which  was  close  to 
collapse,  Council  Regulation  (EC)  No  811/2004  of  21  April  2004  establishing 
measures  for  the  recovery  of  the  northern  hake  stock6  was  adopted.  Whilst  this  plan 
has resulted in certain improvement of the state of the stock concerned, the objectives 
of that plan are insufficient in order to achieve the objectives referred to in recital 1. 

In  order  to  restore  the  stock  of  northern  hake  to  the  level  that  can  produce  the 
maximum  sustainable  yield,  it  is  necessary  to  adopt  a  long-term  plan  for  the 
management  of  the  northern  stock  of  hake  providing  for  the  objectives  and  the 
procedures  to  decide  on  the  catch  limits  and  the  allocation  of  fishing  opportunities 
amongst Member States and to replace Regulation (EC) No 811/2004. 

According to the information available, desirable long-term levels of biomass cannot 
be fixed with accuracy. As a consequence, the objective of any long-term plan should 
be expressed as a fishing mortality rate target rather than as a biomass target. 

Advice  from  Scientific,  technical  and  Economic  Committee  for  Fisheries  (STECF) 
indicates that the highest long-term yield can be taken while exploiting the stock at a 
fishing mortality rate of 0.17. 

4 
5 
6 

OJ C, p. 
OJ ... 
OJ l 150, 30.4.2004, p.1. 

EN 

7 

   EN 

 
 
                                                 
(6) 

(7) 

STECF may not always be able to advise on the catch limits due to lack of sufficiently 
accurate and representative information. Provisions should therefore be established to 
ensure  that  the  catch  limits  can  be  set  in  a  consistent  manner  even  under  data  poor 
conditions. 

The  establishment  and  allocation  of  fishing  opportunities  and  the  fixing  of  the 
minimum and precautionary levels of stocks and of the level of fishing mortality rate 
are measures of prime importance in the Common Fisheries Policy and have a direct 
impact on the socio-economic situation of the fishing fleets of the Member States. It is 
appropriate  that  the  Council  should  reserve  to  itself  the  right  to  exercise  directly 
implementing powers in relation to these specific matters. 

(8)  With a view to ensuring compliance with the measures laid down in this Regulation, 
specific  control  measures  should  be  adopted  in  addition  to  those  provided  for  by  in 
Council  Regulation  (EEC)  No  2847/93  Of  12  October  1993  establishing  a  control 
system applicable to the common fisheries policy7. 

(9) 

It  is  appropriate  to  ensure  periodic  evaluation  of  the  plan.  Where  such  evaluation 
would show that the minimum and precautionary levels or the fishing mortality levels 
set out in the plan would no longer be appropriate, adaptation of the plan should also 
be ensured. 

(10)  For the purposes of points (i) and (iv) of Article 21(a) of Council Regulation (EC) No 
1198/2006  of  27  July  2006  on  the  European  Fisheries  Fund8  the  plan  should  be  a 
recovery  plan  within  the  meaning  of  Article  5  Regulation  (EC)  No  2371/2002  of  20 
December  2002  on  the  conservation  and  the  sustainable  exploitation  of  fisheries 
resources  under  the  Common  Fisheries  Policy9  when  the  stock  is  situated  below  the 
precautionary spawning biomass level, and a management plan within the meaning of 
Article 6 of the latter Regulation in all other situations.  

(11)  Regulation  (EC)  No  811/2004  should  therefore  be  repealed  and  replaced  by  a  new 

Regulation,  

HAS ADOPTED THIS REGULATION: 

CHAPTER I 
SUBJECT MATTER, SCOPE AND DEFINITIONS 

Article 1 

Subject matter  

This  Regulation  establishes  a  long-term  plan  for  the  conservation  and  management  of  the 
northern stock of hake (hereinafter referred to as 'the plan').  

7 
8 
9 

OJ L 261, 20.10.1993, p. 1.  
OJ L 223, 15.8.2006, p. 1. 
OJ L 358, 31.12.2002, p. 59.  

EN 

8 

   EN 

 
 
                                                 
Article 2 

Scope  

This Regulation shall apply to the stock of hake which inhabits the following areas: 

(a) 

(b) 

(c) 

ICES  Subdivision  IIIa  and  Community  waters  of  ICES  Subdivisions  IIIb,  IIIc  and 
IIId, 

Community waters of ICES Subdivision IIa and of ICES Division IV,  

ICES  Division  VI  and  VII,  Community  waters  of  ICES  Subdivision  Vb  and 
international waters of ICES Divisions XII and XIV, 

(d) 

ICES Subdivisions VIIIa, VIIIb, VIIId and VIIIe. 

Article 3 

Definitions  

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

(a) 

"TAC" means the quantity that can be taken and landed from the hake stock in 
any of the areas referred to in Article 2 each year; 

(b) 

"minimum biomass level" means a spawning biomass level of 100 000 tonnes; 

(c) 

(d) 

"precautionary  biomass  level"  means  a  spawning  biomass  level  of  140  000 
tonnes; 

"current biomass" means the size of the hake stock on 1 January of the year of 
application of the TAC. 

CHAPTER II 
OBJECTIVE FOR LONG TERM MANAGEMENT 

Article 4 

Objective of the plan 

The objective of the plan shall be 

(a) 

(b) 

to  maintain  the  biomass  of  the  hake  stock  at  a  level  that  allows  its  sustainable 
exploitation on the basis of a target fishing mortality rate that will allow the stock to 
produce the maximum sustainable yield, and  

to  provide  for  the  management  of  that  stock  in  order  to  maintain  it  above  the 
precautionary biomass level. 

CHAPTER III 

HARVESTING RULES  

Article 5 

Procedure for Setting TACs 

1. 

In order to achieve the objective laid down in Article 4, each year the Council, acting 
by  qualified  majority  on  the  basis  of  a  proposal  from  the  Commission  and  after 

EN 

9 

   EN 

 
consultation of the STECF, shall decide on the TACs for the hake stock for the areas 
referred to in Article 2 for the following year.  

2 

The TACs shall be set in accordance with this Chapter. 

Article 6 

Total forecast removal 

1. 

2. 

3. 

4. 

STECF shall forecast for the following year the total removal of hake corresponding 
to the fishing mortality rates determined in accordance with paragraphs 2, 3 and 4. 

If the size of the hake stock on 1 January of the year of application of the TACs is 
predicted  by  STECF  to  be  above  or  equal  to  the  precautionary  biomass  level,  the 
applicable fishing mortality rate shall be 0.17 averaged on age-groups 2 to 6; 

If the size of the hake stock on 1 January of the year of application of the TACs is 
predicted by STECF to be below the minimum biomass level, the applicable fishing 
mortality rate shall be 0.085 averaged on age-groups 2 to 6; 

If the size of the hake stock on 1 January of the year of application of the TACs is 
predicted by STECF to be above or equal to the minimum biomass level and below 
the  precautionary  biomass  level,  the  applicable  fishing  mortality  rate  averaged  on 
age-groups 2 to 6 shall be the outcome of the application of the following formula: 

0.085  +  (current  biomass  -  minimum  biomass  level)*(0.17-0.085)/(precautionary 
biomass level – minimum biomass level). 

Article 7 

Calculation of TACs 

1. 

The  TACs  shall  be  calculated  by  deducting  the  following  quantities  from  the  total 
forecast removal of hake referred to in Article 6: 

(a) 

(b) 

a  quantity  of  fish  equivalent  to  the  expected  discards  of  hake  from  the  stock 
concerned, and 

as  appropriate,  a  quantity  corresponding  to  other  relevant  sources  of  hake 
mortality.  

2. 

Notwithstanding paragraph 1, the annual variation in the TAC for each of the areas 
concerned shall be limited to 10 % for the TACs applicable in the years 2010, 2011 
and 2012, and to 20% for the TACs applicable thereafter. 

Article 8 

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 decide on the TAC in accordance with Article 6, the 
TACs shall be decided as follows: 

(a) 

(b) 

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

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

EN 

10 

   EN 

 
Article 9 

Adaptation of measures 

In the event  that STECF advises that the minimum and precautionary biomass levels or the 
target fishing mortality rates referred to in Article 6(2), (3) or (4) 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 those levels. 

CHAPTER IV 

MONITORING, INSPECTION AND SUVEILLANCE 

Article 10 

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 and Chapter V of Council Regulation (EC) No 2371/2002 
and their implementing rules.  

Article 11 

Logbook checks 

1. 

2. 

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. 

Article 12 

Weighing of hake first landed 

The  master  of  a  fishing  vessel  shall  ensure  that  any  quantity  of  hake  caught  in  the 
areas set out in Article 2 and landed in a Community port shall be weighed on board 
or in the port of landing before sale or before being transported elsewhere. 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. 

By way of derogation from paragraph 1, Member States may permit the weighing of 
hake to take place at a fish auction on the territory of the Member State provided that 
the landing has been subject to a physical inspection and that the fish has been sealed 
before  transport  directly  to  the  fish  auction  and  remains  sealed  until  the  weighing 
takes  place.  The  transport  document  shall  indicate  the  details  of  the  inspection 
carried out at landing. 

Article 13 

Prohibition of transhipping 

The transhipment of hake at sea shall be prohibited in the areas referred to in Article 2.  

EN 

11 

   EN 

 
1. 

2. 

3. 

1. 

2. 

3. 

Article 14 

Prior notification 

The master of a Community fishing vessel, or his or her representative, prior to any 
entry  into  port  or  any  landing  location  of  a  Member  State  carrying  more  than  one 
tonne of hake on board shall inform the competent authorities of that Member State, 
at least four hours in advance of such entry, of: 

(a) 

the name of the port or landing location; 

(b) 

the estimated time of arrival at that port or landing location; 

(c) 

the  quantities  in  kg  live  weight  of  all  species  of  which  more  than  50  kg  is 
retained on board. 

The  competent  authorities  of  a  Member  State  in  which  a  landing  of  more  than  one 
tonne of hake is to be made may require that the discharge of catch retained on board 
shall not commence until authorised by those authorities. 

The  master  of  a  Community  fishing  vessel,  or  his  or  her  representative,  wishing  to 
transship  or  discharge  at  sea  any  quantity  retained  on  board  or  to  land  in  a  port  or 
landing location of a third country shall inform the competent authorities of the flag 
Member  State,  at  least  24  hours  prior  to  transshipping  or  discharging  at  sea  or  to 
landing in a third country, of the information referred to in paragraph 1. 

Article 15 

Designated ports 

Where  more  than  two  tonnes  of  hake  are  to  be  landed  in  the  Community  from  a 
Community  fishing  vessel,  the  master  of  the  vessel  shall  ensure  that  such  landings 
are made only at designated ports. 

Each Member State shall designate ports into which any landing of hake in excess of 
two tonnes shall take place. 

Each Member State shall transmit to the Commission within 15 days of the entry into 
force  of  this  Regulation  the  list  of  designated  ports  and,  within  30  days  thereafter, 
associated inspection and surveillance procedures for those ports, including the terms 
and conditions for recording and reporting the quantities of hake within each landing. 
The Commission shall forward this information to all Member States. 

Article 16 

Margin of tolerance in the estimation of quantities reported in the logbook 

By way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83 of 22 
September  1983  laying  down  detailed  rules  for  recording  information  on  Member  States 
catches  of  fish10,  the  permitted  margin  of  tolerance,  in  the  estimation  of  quantities,  in  kg 
retained on board, shall be 5 % of the logbook figure. 

Article 17 

Separate stowage of hake 

10 

OJ L 276, 10.10.1983, p. 1. 

EN 

12 

   EN 

 
                                                 
It  shall  be  prohibited  to  retain  on  board  a  Community  fishing  vessel  in  any  container  any 
quantity  of  hake  mixed  with  any  other  species  of  marine  organisms.  Containers  with  hake 
shall be stowed in the hold in such a way that they are kept separate from other containers. 

Article 18 

Transport of hake 

1. 

2. 

1. 

2. 

3. 

The competent authorities of a Member State may require that any quantity of hake 
caught  in  any  of  the  areas  referred  to  in  Article  2  and  first  landed  in  that  Member 
State  is  weighed  in  the  presence  of  controllers  before  being  transported  elsewhere 
from the port of first landing. For hake first landed in a port designated pursuant to 
Article  15,  representative  samples,  amounting  to  at  least  20  %  of  the  landings  in 
number  shall  be  weighed  in  the  presence  of  controllers  authorised  by  the  Member 
States before they are offered for first sale and sold. To this end, the Member States 
shall submit to the Commission, within one month of the date of entry into force of 
this Regulation, details of the sampling regime to be employed. 

By  way  of  derogation  from  Article  13  of  Regulation  (EEC)  No  2847/93,  all 
quantities of hake greater than 50 kg which are transported to a place other than that 
of first landing or import shall be accompanied by a copy of one of the declarations 
provided  for  in  Article  8(1)  of  that  Regulation  pertaining  to  the  quantities  of  hake 
transported. The exemption provided for in Article 13(4)(b) of that Regulation shall 
not apply. 

Article 19 

National control action programmes 

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

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  the  application  and  results  of  the  national 
control action programmes. 

Article 20 

Inspection benchmarks 

The national control action programmes referred to in Article 19 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 21 

Specific control and inspection programmes 

EN 

13 

   EN 

 
By  way  of  derogation  from  Article  34c(1)  of  Regulation  (EEC)  No  2847/93,  the  specific 
control  and  inspection  programmes  for  the  hake  stock  may  last  more  than  three  years  from 
their date of entry into force. 

CHAPTER V 
FOLLOW UP 

Article 22 

Evaluation of the plan 

The  Commission  shall,  on  the  basis  of  advice  from  STECF  and  after  consultation  of  the 
relevant Regional Advisory Council, evaluate the impact of the plan on the hake stock and the 
fisheries exploiting that stock, at the latest in the third year of application of this Regulation 
and than each third successive year of application of this Regulation and, where appropriate, 
propose relevant measures to amend the plan. 

CHAPTER VI 
FINAL PROVISIONS 

Article 23 

Assistance under the European Fisheries Fund 

1. 

2. 

1. 

2. 

For those years in which the stock is situated below the precautionary biomass level, 
the  plan  shall  be  deemed  to  be  a  recovery  plan  within  the  meaning  of  Article  5  of 
Regulation  (EC)  No  2371/2002,  and  for  the  purposes  of  Article  21(a)(i)  of 
Regulation (EC) No 1198/2006. 

For those years in which the stock is situated at or above the precautionary biomass 
level,  the  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. 

Article 24 

Repeal 

Regulation (EC) No 811/2004 shall be repealed.  

References  to  the  repealed  Regulation  shall  be  construed  as  references  to  this 
Regulation and shall be read in accordance with the correlation table in Annex III. 

Article 25 

Entry into force 

This  Regulation  shall  enter  into  force  on  the  twentieth  day  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. 

EN 

14 

   EN 

 
Done at Brussels,  

For the Council 
The President 

EN 

15 

   EN 

 
 
 
ANNEX I 

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 11, 12, 
15 and 16.  

3. 

DESIGNATION OF PORTS 

Where  relevant,  a  list  of  ports  designated  for  hake  landings  in  accordance  with 
Article 15. 

NOFICATION PRIOR TO LANDING 

Description of the systems implemented to ensure compliance with Article 14. 

LANDINGS CONTROL 

4. 

5. 

Description of any facilities and systems implemented to ensure compliance with the 
provisions in Articles 12, 14, 15, 16 and 18.  

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 hake; 

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

EN 

16 

   EN 

 
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 hake. Random inspections of transport and marketing of hake 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 hake landings in number in a Member State. 

(b)  Level of inspection of marketing 

Inspection of 5 % of the quantities of hake 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 
hake  management  areas,  possibly  with  a  separate  benchmark  for  days 
patrolling specific areas. 

(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. 

EN 

17 

   EN 

 
ANNEX III 
Correlation table 

Regulation (EC) No 811/2004 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 1 

Article 4 

- 

Article 5 

Articles 6, 7 

Article 8 

- 

Article 14 

Article 15 

Article 16 

Article 17 

Article 18 

Article 21 

EN 

18 

   EN