Proposal for a Council Regulation establishing a multi-annual plan for the western stock of Atlantic horse mackerel and the fisheries exploiting that stock {SEC(2009) 524} {SEC(2009) 525}
Date: 2009-04-21
Institutions: European Commission
Subjects: North Sea, authorised catch, conservation of fish stocks, fishery management, fishery resources, fishing area, fishing controls, sea fish

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.4.2009 
COM(2009) 189 final 

2009/0057 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a multi-annual plan for the western stock of Atlantic horse mackerel and 
the fisheries exploiting that stock 

{SEC(2009) 524} 
{SEC(2009) 525} 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

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This  proposal  establishes  a  long-term  plan  for  the  management  of  the  western  stock  of 
Atlantic  horse  mackerel  (Trachurus  trachurus)  and  the  fisheries  exploiting  this  stock, 
encompassing  into  one  plan  all  stages  foreseen  in  the  recovery  and  management  plans 
referred to in Articles 5 and 6 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. The plan is intended to ensure that the exploitation of this stock 
is  guided  towards  maximum  sustainable  yield,  on  the  basis  of  scientific  advice,  and  to 
ensure  stability  for  the  fishing  sector.  These  objectives  are  in  line  with  the  objectives  in 
paragraph  30  of  the  Implementation  Plan  of  the  World  Summit  on  Sustainable 
Development, Johannesburg, 2002, as adopted by Resolution 2 of this conference2 and with 
those 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 Policy. 

The plan is the second concerning a pelagic stock in Community waters, after the Council 
Regulation  (EC)  No  1300/2008  of  18.12.2008  establishing  a  multi-annual  plan  for  the 
herring  stock  distributed  to  the  west  of  Scotland.  For  widely  distributed  pelagic  stocks 
which  are  jointly  managed  with  coastal  states  in  the  North  Atlantic,  management 
arrangements  are  already  in  place  which  have  been  agreed  bilaterally  or  multilaterally, 
namely for Northeast Atlantic Mackerel, Blue Whiting, Atlanto-Scandian herring, and North 
Sea herring. 

The Western stock of Atlantic horse mackerel is by far the most important of the three horse 
mackerel stocks which inhabit the Community's continental shelf. The current management 
system does not serve the horse mackerel situation very well. Taking into account scientific 
advice on an ad hoc basis is hampered by the fact that the stock areas of scientific advice do 
not  coincide  with  the  areas  for  which  total  allowable  catches  are  fixed.  It  is  foreseen  to 
resolve the problem of this area mismatch together with the implementation of the long-term 
management plan. Scientific advice for the stock is based on only a poor assessment. As the 
most important fishery-independent information source, international egg surveys have been 
conducted  every  three  years  since  1977.  Resulting  data  and  complementary  information 
have so far not allowed fisheries scientists to conclude on a full stock assessment. 

It is not unusual that scientific advice for a stock cannot be based on a full stock assessment. 
Reasons  for  the  shortcomings  of  scientific  advice  are  manifold,  including  for  example 
reduced quality of data coming from fisheries which are in decline. So far, the Commission 
has  introduced  management  plans  only  to  stocks  the  state  of  which  is  relatively  well 
understood,  adding  provisions  for  momentary  conditions  of  data  paucity.  In  the  case  of 
horse mackerel, knowledge of the stock has improved over time, but is still poor. Following 
a strong interest from the pelagic sector for a science-based long-term management relying 
on biological information already available, and encouraged by scientific advice approving 
of  management  that  is  based  on  biological  indicators  for  trends  in  stock  health,  this 

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OJ L 358, 31.12.2002, p. 59 
UN Document A/CONF.199/20** 

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Regulation places the egg survey results, which are a biological indicator for the increase or 
decrease of the stock, at the centre of a harvest control rule which has been risk-tested by 
scientific modelling. In view of the revision clause built into the plan, the harvest rule could be 
adapted to more precise scientific assessments once these are available. 

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General context 

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 rebuild stocks to maximum sustainable yields (MSY) by 2015. 

Also during the 2002 reform of the Common Fisheries Policy, the Commission and Council 
agreed to implement 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,  the 
stocks of plaice and sole in the North Sea, and for the herring stock to the west of Scotland.  

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.  

Commission  Regulation  (EC)  No  1542/2007  establishes  rules  on  landings,  weighing  and 
inspection for herring, mackerel and horse mackerel. An extension of the area of application 
of that Regulation will be necessary in order to cover all areas of catches of western horse 
mackerel. 

Council  Regulation  (EC)  No  850/1998  on  technical  measures  contains  specific  provisions 
for  the  landing  of  undersized  horse  mackerel  and  restricts  the  use  of  automatic  grading 
equipment on board of vessels targeting this species.  

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 

Consultation of interested parties 

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Consultation methods, main sectors targeted and general profile of respondents 

Stakeholders  were  consulted  by  communicating  with  the  pelagic  Regional  Advisory 
Council  (PelRAC).  This  body  has  been  established  for  consultations  with  parties 
having an interest in the Common Fisheries Policy in respect of pelagic fish stocks. Its 
members come from the catching sector (ship owners, small-scale fishermen, employed 
fishermen  and  producer  organisations), 
from 
environmental  NGOs,  from  aquaculture  producers, and  from  the  recreational  civil 
society. Given that the initiative for a management plan for the Western horse mackerel 
came from the PelRAC itself, discussion took place upon the formal submission of the 

from  processors  and traders, 

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PelRAC's proposal during 2007 and 2008, in the PelRAC's working group II (dedicated 
to blue whiting, sprat and horse mackerel) and with its executive committee. 

The  Commission  also  communicated  to  Member  States  its  intention  to  formalise  the 
PelRAC's  proposal,  during  the  latest  discussions  on  rearranging  the  TAC-areas  for 
Atlantic horse mackerel, which latter is a precondition for a harvest control rule being 
based  on  the  development  of  a  stock-specific  TAC  and  on  the  stock-specific  egg 
surveys. This discussion has taken place with Member States and with the Committee 
for Fisheries and Aquaculture since May 2008. 

Summary of responses and how they have been taken into account 

Collection and use of expertise 

Scientific/expertise domains concerned 

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External expertise has been sought from the International Council for the Exploration 
of the Sea (ICES) concerning long-term management of fisheries resources of interest 
to  the  European  Community.  This  organisation  collates  the  expertise  of  fisheries 
scientists  mostly  working  in  the  national  fisheries  laboratories  of  Member  States  and 
provides  a  systematic  and  standardised  advice  to  the  European  Community  and  to 
Member  States.  The  advice  given  by  ICES  has  been  submitted  to  the  Commission's 
Scientific, Technical and Economic Committee (STECF). 

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Summary of advice received and used 

The  spawning-stock  biomass  (SSB)  of  the  Western  horse  mackerel  stock  was 
dominated by an outstanding  1982 year  class ( 18  times the long-term  average). This 
year  class  has  been  gradually  fished  down,  whereas  recruitment  has  remained  low, 
resulting  in  a  steady  decline  of  SSB  since  its  peak  in  1988,  and  then  resuming  an  at 
least stable trend since 2001. Fishing mortality on this stock is perceived to be low, and 
the 2001 recruitment to the stock is considered to be particularly strong, providing for a 
robust  reproductive  capacity  for  still  some  time.  The  long  decline,  a  reorientation  of 
important  parts  of  the  fishery  towards  juveniles,  the  "indeterminate"  spawning 
behaviour, and insufficient sampling of the fishing activity make it difficult to provide 
advice  on  sustainable  management  based  on  time  series  of  catches  and  on  estimated 
egg  production.  In  response  to  a  joint  EU–Norway  request  to  ICES  to  "advise  on 
appropriate  management  systems  including  management  strategies,  objectives  and 
ecosystem  considerations"  for  the  stock,  several  stock  assessment  approaches  and 
management based on a simulation study were first evaluated in 20053. 

In 2006 ICES advised for the first time that harvest control rules based on the trend in the 
egg  survey  data  appeared  promising4.  Simulations  were  undertaken  within  the  Study 

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Report of the ad hoc Group on Long Term Advice (AGLTA). (2005b) 126. 12–13 April 2005, ICES 
Headquarters. ICES Document CM 2005/ACFM: 25. 
ICES, 2006. Report of the ICES Advisory Committee on Fishery Management, Advisory Committee on 
the Marine Environment and Advisory Committee on Ecosystems, 2006. ICES Advice, Book 9, p.7. 

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Group  on  Management  Strategies  in  2006  and  2007,  as  requested  by  the  EU  jointly 
with  Norway5.  Based  on  this  work  and  assisted  by  a  separate  group  of  scientists,  the 
PelRAC  presented  to  the  Commission  a  management  plan  outline  in  July  20076.  The 
Commission asked ICES for a valuation of this plan. ICES in 2007 concluded that the 
plan was consistent with the precautionary approach in the short term, but not at later 
stages of the simulation period of 40 years. ICES has built its most recent advice on the 
proposed plan7. The STECF endorsed ICES' conclusions8. 

A research project concerning the horse mackerel stock identity was also funded by the 
European Community9. This 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 ). 

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Impact assessment 

The impact assessment is based on three kinds of input: 

–  Consultations  with  the  PelRAC,  based  on  scientific  modelling  of  harvest  control 

rules; 

–  Biological analysis carried out by STECF and ICES; 

–  An  economic  analysis  of  fleet  segments  engaged  in  the  fishery,  based  on 
information  collected  in  the  Commission's  Annual  Economic  Reports  on  the 
performance of selected EU fishing fleets. 

The  impact  assessment  will  be  available  at  DG  MARE's  website  and  on  the 
Commission's website reserved for accessing impact assessments. 

LEGAL ELEMENTS OF THE PROPOSAL 

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ICES  SGMAS  Report  2007.  Report  of  the Study  Group  on  Management  Strategies  (SGMAS), p.  28. 
ICES CM 2007/ACFM:04. 
Based  on  the  study  "Towards  a  management  plan  for  western  horse  mackerel",  Ad  hoc  group  of 
scientists in collaboration with members of the Pelagic RAC, Pelagic RAC et .al., 2007 
ICES, 2007. Report of the ICES Advisory Committee on Fishery Management, Advisory Committee on 
the  Marine  Environment  and  Advisory  Committee  on  Ecosystems,  2007.  ICES Advice,  Book  9, p.13 
and 55 
Report of the Scientific, Technical and Economic Committee for Fisheries. Review of scientific advice 
for 2007. Consolidated advice on stocks of interest to the European Community in the ICES areas, 
endorsed at the 26th STECF Plenary session November 2007, 
http://www.ices.dk/products/icesadvice.asp 
HOMSIR  project,  A  multidisciplinary  approach  using  genetic  makers  and  biological  tags  in  horse 
mackerel (trachurus trachurus) stock structure analysis, QLK5-Ct1999-01438. A summary is provided 
by Abaunza et al., Stock identity of horse mackerel (Trachurus trachurus) in the Northeast Atlantic and 
Mediterranean  Sea:  Integrating  the  results  from  different  stock  identification  approaches,  Fisheries 
Research 89 (2008) 2, 196. 

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310 

Legal basis 

The legal basis for establishing long-term plans 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. 

Proportionality principle 

The  proposal  complies  with  the  proportionality  principle.  It  introduces  a  rule  that 
guides  the  setting  of  annual  fishing  opportunities,  thereby  providing  predictability  to 
the private sector and harvest limits that follow the biological state of the stock. 

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BUDGETARY IMPLICATION 

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The proposal has no implication for the Community budget. 

ADDITIONAL INFORMATION 

Review/revision/sunset clause 

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532 

The proposal includes a provision for evaluation of management measures each sixth 
year from the date of entry into force of the Regulation. 

Scientific advice indicates that the plan is precautionary and provides a very low risk of 
stock decline in the short term. The reason for the qualification limiting this statement 
to  the  short  term  is  that  the  harvest  control  rule  assures  a  minimum  catch  of  54%  of 
recent catch limits, even in case where recruitment to the stock would be continuously 
failing. The first TAC-setting – for 2010 - would be based on the positive trend coming 
from the 2007 egg survey. The second TAC-setting would be adapted so that it takes 
into  account  provisional  results  from  the  egg  survey  2010.  This  TAC  would  then  be 
rolled  over  two  times.  After  the  second  adaptation  of  the  TAC  (for  2014),  a  review 
would take place which ensures that the harvest control rule could be adapted to any 
unusually  strong  signals  of  stock  decline.  In  addition,  whenever  scientific  advice 
suggests  that  the  harvest  rules  based  on  the  egg  surveys  are  no  longer  suitable  for 
ensuring a precautionary exploitation, Council may decide on modifying the reference 
point at any time. 

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. 

2009/0057 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a multi-annual plan for the western stock of Atlantic horse mackerel 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 Commission10, 

Having regard to the opinion of the European Parliament11, 

Whereas: 

(1) 

(2) 

In  view  of  the  Plan  of  Implementation  adopted  at  the  UN  World  Summit  on 
Sustainable  Development  in  Johannesburg  in  2002,  the  European  Community  is 
committed  inter  alia  to  maintain  or  restore  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.  The  Common  Fisheries 
Policy,  according  to  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  Policy12,  aims  at  ensuring  an  exploitation  of 
living aquatic resources that provides sustainable economic, environmental and social 
conditions. 

The  western  stock  is  economically  the  most  important  stock  of  horse  mackerel 
inhabiting  the  waters  of  the  Community.  The  biological  information  on  this  stock  is 
not sufficient for a full stock assessment that would allow setting a fishing mortality 
target  related  to  maximum  sustainable  yield  and  relate  total  allowable  catches  to 
scientific  catch  predictions.  However,  the  index  of  egg  abundance  which  is  being 
calculated  since  1977  in  triennial  international  surveys  can  be  used  as  a  biological 
indicator for the development of the stock size. 

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

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(3) 

(4) 

(5) 

(6) 

(7) 

Advice  from  the  Scientific,  Technical  and  Economic  Committee  for  Fisheries 
(STECF)  indicates  that  a  harvest  control  rule  based  on  the  trend  in  egg  abundance 
from the last three egg surveys would provide for sustainable stock management. 

For  a  number  of  years  since  2003,  precautionary  scientific  advice  has  indicated  that 
catches  for  western  horse  mackerel  should  be  below  150  000  tonnes  annually, 
assuming that this would keep exploitation sustainable even in the continuous absence 
of an extraordinarily strong recruitment event. A harvest control rule should be based 
in  equal  parts  on  this  precautionary  advice  and  on  a  continued  TAC  adjusted  by  a 
factor that reflects trends in egg production. 

The  harvest  control  rules  need  to  take  account  of  discards  including  slipped  fish, 
because all removals from the stock are relevant. 

The areas for which limitations in total catch of horse mackerel are fixed each year do 
not  coincide  with  the  stock  boundaries  of  Atlantic  horse  mackerel.  In  the  context  of 
fixing the fishing opportunities for 2009, Council and Commission have undertaken to 
rearrange these TAC areas which would allow this plan to work properly. 

The stock is primarily distributed in Community and Norwegian waters. Norway has 
an  interest  in  the  exploitation  of  the  western  horse  mackerel.  The  stock  is  so  far  not 
subject to joint management. 

(8)  With a view to ensuring compliance with the measures laid down in this Regulation, 
specific  control  and  surveillance  measures  should  be  adopted  in  addition  to  those 
provided  for  in  Council  Regulation  (EEC)  No  2847/93  of  12  October  1993 
establishing a control system applicable to the common fisheries policy13 and to those 
provided for in Commission Regulation (EC) No 1542/2007 of 20 December 2007 on 
landing  and  weighing  procedures  for  herring,  mackerel  and  horse  mackerel14.  These 
measures should in particular counteract area and species misreporting. 

(9) 

It is appropriate to ensure periodic evaluation of the plan and, where such evaluation 
would  show  that  the  harvest  control  rules  do  no  longer  ensure  a  precautionary 
approach to stock management, adaptation of the plan should 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  Fund15  the  plan  should  be  a 
recovery  plan  in  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 Policy16 when the size of the spawning stock is 
estimated to be less than 130% its size in 1982, when it generated an extraordinarily 
large recruitment, and should be a management plan in all other cases. The spawning 
stock of 130% relative to the 1982 size indicates the precautionary biomass level. 

(11)  The  establishment  and  allocation  of  fishing  opportunities  and  the  fixing  of  the 
biological  references  are  measures  of  prime  importance  in  the  Common  Fisheries 

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OJ L 261, 20.10.1993, p. 1.  
OJ L 337, 21.12.2007, p. 56. 
OJ L 223, 15.8.2006, p. 1. 
OJ L 358, 31.12.2002, p. 59. 

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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. 

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 
western stock of horse mackerel (hereinafter referred to as 'the plan').  

Article 2 

Scope  

The  plan  shall  apply  to  the  stock  of  horse  mackerel  which  inhabits  EC  and  international 
waters of ICES Divisions IIa, IVa, Vb, VIa, VIb, VII a, b, c, e, f, g, h, j, k, VIIIa, b, c, d and e. 

Article 3 

Definitions  

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

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

"ICES"  means  the  International  Council  for  the  Exploration  of  the  Sea,  and  "ICES 
Division" a statistical fishing region as defined by that organisation; 

"western horse mackerel" means horse mackerel of the stock referred to in Article 2; 

"total allowable catches" (TAC) means the quantity of western horse mackerel that 
can be taken and landed each year;  

"total removal" means the quantity of western horse mackerel removed from the sea, 
encompassing the TAC applicable and an estimate of discarded fish as calculated for 
the relevant year in accordance with the provisions of this regulation; 

"egg  survey  index"  means  the  estimated  number  of  horse  mackerel  eggs  resulting 
from  the  triennial  international  egg  survey  for  mackerel  and  horse  mackerel  in  the 
Atlantic, divided by 1015; 

"slipped fish" means fish caught and subsequently released into the sea without being 
brought on board the vessel. 

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CHAPTER II 
OBJECTIVE FOR LONG TERM MANAGEMENT 

Article 4 
Objective of the plan 

The  plan's  objective  is  to  maintain  the  biomass  of  western  horse  mackerel  at  a  level  that 
ensures its sustainable  exploitation, and to provide the highest long-term  yield. To  this end, 
the  harvest  control  rule  should  be  based  in  equal  parts  on  precautionary  advice  given  for 
average recruitment conditions, and on recent total allowable catches adjusted by a factor that 
reflects the recent trend in the stock abundance as measured through egg production. 

CHAPTER III 
HARVESTING RULES  

Article 5 

Procedure for setting the TAC 

1. 

In order to achieve the objective laid down in Article 4, each year the Council, acting 
in accordance with the procedure laid down in Article 20 of Council Regulation (EC) 
No  2371/2002  and  after  consultation  of  the  STECF,  shall  decide  on  the  TAC  for 
western horse mackerel for the following year. 

2. 

The TAC shall be set in accordance with this Chapter. 

Article 6 
Calculation of the TAC 

1. 

2. 

3. 

The  TAC  shall  be  calculated  by  deducting  from  the  total  removal  calculated  in 
accordance  with  Articles  7  and  8  a  quantity  of  fish  equivalent  to  the  discards, 
including slipped fish,  having  occurred in  the  year  preceding the year  in which the 
latest scientific assessment has been made, as estimated by STECF. 

Where the STECF is not able to estimate the level of discards including slipped fish 
for  the  year  preceding  the  year  in  which  the  latest  scientific  assessment  has  been 
made,  the  deduction  shall  be  equal  to  the  highest  relative  amount  of  discards 
including  slipped  fish  scientifically  estimated  as  having  occurred  within  the  last  15 
years, but not lower than 5%. 

Where  the  TAC  is  calculated  on  the  basis  of  the  total  removal  calculated 
provisionally in accordance with Article 7(3), it shall be adapted during the year of 
its application to the final calculation of the removal. 

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Article 7 
Calculation of the total removal for a year following an egg survey 

1. 

Where the TAC is to be set for a year that follows a year in which an egg survey has 
been carried out, the total removal shall be calculated on the basis of the following 
elements: 

(a) 

(b) 

(c) 

(d) 

a constant factor equal to 1.07, reflecting a final increase of the total removal as 
simulated  in  underlying  mathematical  models  that  aims  at  maximising  the 
annual  yield  without  compromising  the  objective  of  keeping  the  risk  to  stock 
size decline at a very low level; 

the TAC set for the year in which the egg survey was carried out, hereinafter 
referred to as "reference TAC"; 

a  weighting  factor  set  in  accordance  with  the  Annex,  reflecting  the  trend  in 
stock abundance on the basis of egg survey indices; 

a  minimal  total  removal  amount,  including  estimates  of  discards,  of  75  000 
tonnes. 

The total removal referred to in paragraph 1 shall be calculated in accordance with 
the following formula: 

1.07 * (75 000 tonnes + (reference TAC * weighting factor) / 2) 

Where only a provisional calculation of the latest egg survey index is available, the 
total removal shall be calculated in accordance with paragraphs 1 and 2 based on the 
provisional index and adapted during the year of application of the relevant TAC to 
the final result of the egg survey. 

Article 8 
Calculation of total removal for subsequent years  

Where the TAC is to be set for a year that does not follow a year in which an egg 
survey  has  been  carried  out,  the  total  removal  shall  be  equal  to  the  total  removal 
calculated for the previous year. 

However, if more than three years have expired since the last egg survey, calculated 
from the year for which the TAC is to be set, the total removal shall be reduced by 
15%, unless STECF advises that such a reduction is not appropriate, in which case 
the  total  removal  shall  be  equal  to  the  previous  one  or  calculated  with  a  lower 
reduction, based on the advice of STECF. 

2. 

3. 

1. 

2. 

Article 9 
Transitional rule for establishing the TAC 

1. 

Where the first TAC to be set in accordance with Articles 6 and 7 concerns a year 
that  does  not  follow  a  year  in  which  an  egg  survey  has  been  carried  out,  the  TAC 

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shall be calculated pursuant to those Articles as if the latest egg survey had occurred 
in the preceding year. 

2. 

Where the reference TAC to be used for calculating the first TAC was set for areas 
differing  from  those  mentioned  in  Article  2,  the  reference  TAC  shall  be  calculated 
taking  into  account  recent  scientific  advice  on  appropriate  catch  levels,  or  recent 
catch levels in the absence of such advice, relating to the ICES Divisions mentioned 
in Article 2. 

Article 10 

Adaptation of measures 

In the event that STECF advises that the egg survey indices as defined in Article 3(e) or their 
weighting as referred to in Article 7(1)(c), or the constant factor referred to in Article 7(1)(a) 
are no longer appropriate in order to maintain a very low risk of stock depletion and a high 
yield, the Council shall decide on new values for those elements. 

CHAPTER IV 
MONITORING AND SUVEILLANCE 

Article 11 

Special fishing permit 

1. 

2. 

3. 

1. 

In order to fish for western horse mackerel, vessels shall hold a special fishing permit 
issued  in  accordance  with  Council  Regulation  (EC)  No  1627/94  of  27  June  1994 
laying down general provisions concerning special fishing permits17. 

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 horse mackerel while 
the vessel is engaged on a fishing trip that has included the presence of that vessel in 
one of the ICES Divisions mentioned in Article 2. 

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. 

Article 12 
Cross-checks 

Member  States  shall  carry  out  with  regard  to  western  horse  mackerel  the 
administrative  cross-checks  and  data  verifications  provided  for  in  Article  19  of 
Regulation (EEC) No 2847/93. Particular emphasis shall be placed on the possibility 

17 

OJ L 171, 6.7.1994, p.7. 

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of small pelagic species other than horse mackerel being reported as horse mackerel, 
and vice versa. 

2. 

3. 

For  vessels  fitted  with  a  vessel  monitoring  system  (VMS),  Member  States  shall 
verify,  based  on  a  representative  sampling,  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. Particular emphasis shall be placed on the coherence of 
area  data  concerning  activities  observed  in  areas  where  horse  mackerel  stock 
boundaries  meet,  namely  ICES  Divisions  VIIIc  and  IXa,  IVa  and  IVb,  VIIe  and 
VIId. 

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

CHAPTER V 
FOLLOW UP 

Article 13 

Evaluation of the plan 

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

CHAPTER VI 
FINAL PROVISIONS 

Article 14 

Assistance under the European Fisheries Fund 

1. 

2. 

For those years in which the spawning stock is scientifically estimated as having at 
least 130% of the size it had in 1982, 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. 

For those years in which the spawning stock is scientifically estimated as having less 
than 130% of the size it had in 1982, 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. 

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Article 15 

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. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 
Calculation of the weighting factor as referred to in Article 7, paragraph 1(c) 

1. 

The weighting factor referred to in Article 7, paragraph 1(c) shall be set as follows 
on the basis of the slope calculated in accordance with in point 2 of this Annex : 

(a) 

(b) 

(c) 

(d) 

If the slope of the last three egg survey indices is equal to or smaller than – 1,5, 
the weighting factor is 0, 

the  slope  of 

If 
–1,5 and smaller than 0, the weighting factor is equal to 1 – (– 2/3 * the slope), 

three  egg  survey 

is  bigger 

indices 

last 

the 

than  

If the slope of the last three egg survey indices is equal to or bigger than 0 and 
not bigger than 0,5, the weighting factor is equal to 1 + (0,8 * the slope), 

If the slope of the last three egg survey indices is bigger than 0,5, the weighting 
factor is 1,4. 

2. 

The slope of the last three egg survey indices shall be calculated in accordance with 
the following formula: 

(egg survey index 3 – egg survey index 1) / (3 – 1), 

whereby the three most recent egg survey indices are being put in a row as marking 
point  1,  point  2  and  point  3  on  the  x-axis  of  a  coordinate,  thereby  the  egg  survey 
index 3 being the latest egg survey index, and the egg survey index 1 being the egg 
survey index estimated six years previously. 

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