Communication from the Commission - Consultation on Fishing Opportunities for 2010
Date: 2009-05-12
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, fishery management, fishery resources

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.5.2009 
COM(2009) 224 final 

COMMUNICATION FROM THE COMMISSION 

Consultation on Fishing Opportunities for 2010 

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TABLE OF CONTENTS 

1. 

2. 

3. 

4. 

5. 

5.1. 

5.2. 

6. 

7. 

8. 

9. 

Introduction .................................................................................................................. 3 

State of Resources ........................................................................................................ 3 

Fisheries Performance.................................................................................................. 4 

Principles for 2010 ....................................................................................................... 5 

Fishing Opportunities Decided under the CFP ............................................................ 5 

Setting TACs................................................................................................................ 5 

Setting fishing effort .................................................................................................... 5 

Implications of the Lisbon Treaty ................................................................................ 6 

Management by long-term plans.................................................................................. 7 

Working method where long-term plans are not yet in force ...................................... 7 

Discards........................................................................................................................ 8 

9.1. 

Guidelines for discard pilot studies.............................................................................. 9 

10. 

Schedule of Proposals .................................................................................................. 9 

10.1.  Mediterranean Sea and the Black Sea.......................................................................... 9 

10.2.  Baltic Sea ................................................................................................................... 10 

10.3.  Atlantic, North Sea and International Waters ............................................................ 10 

10.4. 

Timetable.................................................................................................................... 10 

11. 

12. 

Stakeholder Dialogue ................................................................................................. 11 

Conclusion.................................................................................................................. 11 

ANNEX I.................................................................................................................................. 13 

ANNEX II - Rules for TACs.................................................................................................... 14 

ANNEX III - Request to ICES for categories 6 to 9 ................................................................ 16 

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1. 

INTRODUCTION 

Each year, the European Union decides on the fishing opportunities – the quotas of 
fish  and  the  allowable  fishing  effort  -  for  European  fishermen  and  in  European 
waters.  These  decisions  are  made  on  the  basis  of  a  proposal  from  the  European 
Commission. 

The  Commission's  proposal  must  be  formulated  in  accordance  with  a  number  of 
guiding  principles.  First,  in  accordance  with  the  main  objectives  of  the  Common 
Fisheries  Policy  (CFP)1,  annual  fishing  opportunities  must  be  set  at  a  level  which 
ensures sustainable exploitation of resources in environmental, economic and social 
terms.  Secondly,  to  ensure  a  stable  and  predictable  framework  for  operators 
depending  on  fisheries,  annual  variations  should  be  kept  within  pre-determined 
limits.  Thirdly,  international  commitments  must  be  respected,  including  the 
commitment  to  rebuild  stocks  so  that  they  reach  their  maximum  productivity2. 
Finally,  in  line  with  the  approach  agreed  in  the  Communication  on  "Improving 
consultation  on  Community  fisheries  management"  of  2006,  stakeholders  must  be 
involved at an early stage in the discussion of fishing opportunities. 

In  line  with  the  new  working  method  proposed  in  2006,  this  paper  sets  out  the 
Commission's  intentions  for  its  proposals  for  total  allowable  catches  (TACs)  and 
fishing effort for 2010 to meet its commitment to sustainable fisheries. The state of 
resources remains worrying. Several stocks are still exploited beyond sustainability. 
Fishing  opportunities  have  been  set  at  levels  too  high  for  stocks  to  be  sustainable. 
Nevertheless,  several 
implemented  successfully, 
generating signs of stock recovery. 

long-term  plans  have  been 

The  Commission  seeks  the  views  of  stakeholders  on  the  rules  set  out  in  this  paper 
and  invites  Member  States  and  the  industry  to  suggest  improvements.  Further 
consultations  will  be  planned  concerning  the  improvement  of  the  other  aspects  of 
fisheries  management  during  2009.  The  general  approach  proposed  in  this 
Communication,  namely  in  its  Annex  II,  may  nevertheless  be  revised  in  light  of 
scientific advice when it is provided and, for that reason, the Commission does not 
exclude changes in its proposals for fishing opportunities for 2010. 

2. 

STATE OF RESOURCES 

In many sectors, conservation policy is not delivering sustainability. Most demersal 
stocks  have  declined  and  are  not  at  sustainable  levels,  being  exploited  outside  safe 
biological limits. However, many pelagic stocks are fished sustainably. 

Scientific  agencies  assess  each  year  whether  the  stocks  are  at  risk  of  their  future 
reproduction  being  compromised,  i.e.  whether  they  are  outside  "safe  biological 

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Article  2  of  Council  Regulation  (EC)  No.  2371/2002  of  20  December  2002  on  the  conservation  and 
sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries  Policy.  OJ  L  358  of 
31.12.2002, p. 59. 
Implementing sustainability in EU fisheries through maximum sustainable yield. Communication from 
the Commission to the Council and the European Parliament. COM (2006) 360 final. 

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limits". Largely because of inaccurate catch reports, the state of some 59% of stocks 
is  unknown.  Of  those  stocks  for  which  the  state  is  known  69%  are  at  high  risk  of 
depletion, and only some 31% of stocks are known to be fished sustainably. In 86% 
of stocks, overfishing is so serious that more fish would be caught if there was less 
fishing.  This  number  is  way  above  the  situation  outside  the  EU  where  the  global 
average  is  28%  of  stocks  being  overfished3.  Some  18%  of  stocks  are  in  such  bad 
state that scientists advise that there should be no fishing (see tables in Annex I). 

Despite  substantial  efforts,  there  are  only  limited  signs  of  stock  recovery  or  of 
reductions in overfishing since 2003. Fisheries management in the European Union 
is not working as it should and the objective of achieving long-term sustainability is 
not being reached. Therefore, an overall reform of the CFP has been launched with 
the Green Paper.  

3. 

FISHERIES PERFORMANCE 

While  there  are  examples  of  EU  fleets  that  are  profitable,  the  majority  of  Europe's 
fishing  fleets  are  either  running  losses  or  returning  low  profits.  This  overall  poor 
performance in particular demonstrates a situation of chronic overcapacity of which 
overfishing is both a cause and a consequence. In this respect, the fleet still has to be 
adapted  in  size  to  avoid  overfishing  under  normal  economic  conditions,  thereby 
ensuring the full activity for the vessels. 

Overall,  the  EU  fishing  fleet  experienced  modest  profits  between  2003  and  2007. 
However,  many  of  the  profitable  fleet  segments  have  relied  in  additional  revenues 
from  direct  subsidies  (EU  and  national  state  aid4),  estimated  to  be  in  the  range  of 
between  10%  and  20%.  If  these  were  deducted,  profitability  across  many  fleets 
would probably have been negative, or at best around zero, over the whole period.  

The latest projections for 2008-09 indicate a deterioration in economic performance 
of the fleet: 

•  Fishing opportunities are decreasing for a number of key stocks which will limit 

the earnings potential of large sectors of the EU fleet. 

•  The  fuel  crisis  in  2008  raised  operational  costs  significantly  and  raised  serious 
concerns about the future structure of the EU fleet, particularly for vessels that are 
fuel inefficient. While pressure from high fuel costs has diminished dramatically 
since  last  summer  (marine  diesel  prices  in  EU  harbours  were  around  €75 
cents/litre in July 2008 and dropped to around €36 cents /litre in February 2009), 
the long term expectations are that fuel prices will rise again. 

•  The global economic crisis in 2009 seems to be affecting both access to credit and 
demand for seafood, and thus fish prices. This is impacting a harvest sector which 
has  already  been  unable  to  benefit  economically  from  the  steady  growth  of  fish 
demand in the EU over the past decade. In spite of declining landing volumes for 

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FAO (2009). The state of world fisheries and aquaculture 2008. Food and Agriculture Organization of 
the United Nations. Rome. 
Tax exemptions (e.g. fuel) and subsidized national social schemes not included. 

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most  stocks,  first  sale  prices  for  many  important  species  have  stagnated  or  even 
declined. For example, North and Baltic Sea cod prices have seen a year on year 
decline of some 20-30% in February (dropping from average prices of €3.00-3.50 
to  €2.20-2.75  per  kg).  According  to  Globe fish-FAO,  demand  and  prices  have 
collapsed  in  major  markets  for  whitefish  in  recent  months.  In  2009,  the  markets 
for high value species such as cod and tuna are likely to be particularly affected. 
Conversely,  low  value  pelagic  species  are  expected  to  fair  much  better,  as  are 
many crustaceans and salmon.  

4. 

PRINCIPLES FOR 2010 

The  Commission  remains  committed  to  fishing  opportunities  that  are  sustainable 
according  to  scientific  advice  and,  for  depleted  stocks,  will  allow  a  high  chance  of 
stock recovery. 

Fishing opportunities should be set: 

•  according to long-term plans; 

•  respecting relevant international agreements, including the commitment to rebuild 

stocks so that they reach their maximum productivity (MSY); 

•  and  respecting  the  objectives  of  the  Common  Fisheries  Policy,  and  especially 
respecting  the  need  to  reduce  fishing  on  overexploited  stocks  and  to  rebuild 
depleted stocks. 

The  Commission  attaches  the  highest  importance  to  the  respect  of  these  principles. 
These are explained in more detail below. 

5. 

FISHING OPPORTUNITIES DECIDED UNDER THE CFP 

5.1. 

Setting TACs 

Overfishing  and  stock  depletion  is  due  in  part  to  setting  levels  of  TACs  and  effort 
that  are  too  high.  The  TACs  adopted  by  Council  based  on  a  Commission  proposal 
have been on average about 48% higher than the catches that, according to scientific 
agencies, would be sustainable in accordance with the precautionary approach (Table 
4, Annex I)5 The Commission proposal has, in many cases, differed from scientific 
advice because the level of TAC change is limited to a fixed percentage (see Annex 
II),  to  account  for  the  request  of  stability  by  the  industry.  In  addition  to  known 
problems about enforcement, setting quotas at levels that are too high has contributed 
to keeping marine resources at low levels. 

5.2. 

Setting fishing effort 

Fishing  effort  has  been  managed  alongside  TACs  in  order  to  reduce  discarding,  to 
reduce the opportunity for illegal, unreported and unregulated (IUU) catches, and to 

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For this calculation, a TAC set when scientific advice is for a zero catch has been counted as a 100% 
excess. 

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stimulate  a  reduction  of  overcapacity.  Effort  management  is  also  a  conservation 
measure where the forecasts used to propose TACs are unavailable. It forms part of 
the  long-term  plans  for  cod  in  the  North  Sea  and  Baltic  Sea,  North  Sea  plaice  and 
sole, western Channel sole, southern hake and Norway lobster stocks. 

The adoption,  in December 2008, of  the long-term plan for cod stocks has brought 
significant  changes  to  the  way  in  which  effort  is  managed  and  should  serve  as  an 
example  to  further  improve  effort  systems  applicable  for  other  species  or  in  other 
areas.  

The  effort  management  system  based  on  kW-day  ceilings  in  place  lets  Member 
States  decide  on  a  balance  between  fleet  capacity  and  fishing  opportunities.  It  also 
lets  Member  States  fine-tune  allocations  of  kW-days  to  encourage  more  selective 
fishing.  During  2009,  the  Commission  will  follow  closely  how  Member  States  put 
the new system into operation in order to ensure that it will be properly implemented. 
The kW-day ceilings for 2010 will be adapted based on scientific advice according to 
the harvest control rules established in the respective long term management plans. 
The  shift  to  the  kW-days  system  of  the  effort  scheme  under  the  southern  hake  and 
Norway  lobster,  and  western  Channel  sole  management  plans  is  foreseen  to  take 
place after those plans have been reviewed in 2010. 

6. 

IMPLICATIONS OF THE LISBON TREATY  

While  the  decision  to  ratify  the  Lisbon  Treaty  has  not  been  taken  by  all  Member 
States,  the  Commission  considers  it  necessary  to  prepare  for  the  eventuality  of  the 
Treaty  coming  into  effect  before  the  entry  into  force  of  the  fishing  opportunities 
regulations for 2010.  

The  Lisbon  Treaty  establishes  co-decision  as  the  main  decision-making  procedure 
for  matters  falling  under  the  CFP.  An  exception  is  foreseen  in  Article  43(3)  of  the 
Treaty  as  regards  measures  "on  the  fixing  and  allocation  of  fishing  opportunities". 
These  measures  are  to  be  adopted  by  the  Council,  on  a  proposal  from  the 
Commission,  without  the  involvement  of  the  Parliament.  It  therefore  become 
important  to  distinguish  clearly  between  measures  which  can  be  considered  to  be 
concerned with the fixing and allocation of fishing opportunities and those which, on 
the contrary, must be adopted via co-decision. 

It  is  therefore  necessary  to  examine  thoroughly  the  recurrent  content  of  the  yearly 
Council regulations on fishing opportunities in order to see which of their provisions 
can be included in a measure based on Article 43(3). 

This scrutiny exercise is currently being carried out by the Commission. It intends to 
include  in  its  proposals  for  fishing  opportunities  regulations  for  2010  only  those 
provisions  which  are  functionally  linked  to  the  fixing  and  allocation  of  fishing 
opportunities.  This  will  lead  to  the  exclusion  of  all  those  technical  and  control 
provisions which do not meet this criterion, as well as provisions concerned with the 
implementation  in  Community  law  of  rules  adopted  by  Regional  Fisheries 
Management Organisations. 

In this respect, the proposed Control Regulation and Technical Measures Regulation 
will  be  of  particular  importance:  once  adopted,  these  regulations  will  provide  for 

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permanent  provisions,  thus  replacing  the  transitional  measures  currently  applied 
annually through annexes of the annual fishing opportunities regulations.  

7. 

MANAGEMENT BY LONG-TERM PLANS 

Long-term plans remain at the core of the Commission's policy. Existing plans must 
be  implemented,  including  internationally-agreed  plans.  Such  plans  have  proven  to 
be  more  effective  in  managing  stocks  and  have  helped  to  improve  the  decision 
making,  both  in  procedural  aspects  as  well  as  the  final  outcome.  Since  2002, 
management  plans  have  been  developed  for  many  stocks:  41%  of  pelagic  stocks 
(41% of catches) and 29% of demersal stocks (44% of catches) are now under long 
term plans. 

Work will continue on bringing more stocks under long-term management, including 
the pelagic stocks in the Baltic Sea and a few Mediterranean fisheries. Specific plans 
will be proposed in 2009 for northern hake, western horse mackerel, Bay of Biscay 
anchovy  and  Baltic  salmon.  Where,  pending  adoption  of  such  plans,  Council  and 
Commission have declared specific intentions on harvest rules, the declarations will 
be followed by establishing the 2010 fishing opportunities for the species concerned, 
and  will  subsequently  be  implemented  in  Commission  proposals  (e.g.  Celtic  Sea 
herring and west Scotland haddock). 

In  addition,  the  Commission  is  reflecting  on  a  possible  different  legal  structure  for 
the next long-term plans, one possibility could be that many different stocks would 
be brought under long-term management in a single Regulation. 

8. 

WORKING METHOD WHERE LONG-TERM PLANS ARE NOT YET IN FORCE 

Where long-term plans are not yet in place, TAC decisions are taken on the basis of 
annual  scientific  advice  from  ICES  and  STECF,  the  latter  including  biological  as 
well as socio-economic aspects. Rules have been developed6 for TAC setting so that 
fair treatment is assured and as much stability as possible is provided to the industry. 
These rules will continue to apply, but with some changes as required by the latest 
scientific advice. 

In  2008  STECF  reported7  on  the  likely  outcome  of  the  rules  in  the  Commission's 
Policy Statement. The advice was broadly supportive in that TACs set according to 
categories 1 till 3 (stocks with analytical assessment) often lead to stock rebuilding 
and  recovery.  STECF  however  pointed  out  one  serious  shortcoming:  for  stocks  for 
which  an  analytical  assessment  is  not  available  (categories  6  to  9  and  11)  setting  a 
TAC in line with a trend in catch per unit of effort (cpue) will not maintain a healthy 
stock and was not recommended. In addition, STECF stated8 later that in the case of 
the Western Baltic spring spawning herring stock in Division IIIa and Subdivisions 

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Fishing  Opportunities  for  2008.  Policy  Statement  from  the  European  Commission.  Communication 
from the Commission to the Council. COM(2007) 295 final. 
STECF (2008). Report of the Subgroup on Stock Reviews on Harvest Control Rules (SGRST-08-02). 
83 pp. 
STECF (2008). 29th Plenary Meeting Report (PLEN-08-03). 67 pp. 

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22-24, applying the rule of category 3 would not improve the situation of this stock. 
In light of these conclusions, a change to category 3 is necessary.  

Following  from  a Council and Commission Declaration,  the  management  of  stocks 
where  ICES  is  not  able  to  provide  a  catch  option  table  is  being  re-examined.  The 
Commission intends to develop a new rule concerning stocks in categories 6 to 9 and 
has formulated a request to ICES on this topic (see Annex III). Following the ICES 
and STECF response on this matter, the Commission will decide whether to base its 
TAC proposals for such stocks in 2010 on the existing rule, on the new rule detailed 
in Annex III, or to use other alternative rules that may have been suggested by ICES 
or STECF. The RACs are invited to present their advice on these new management 
options for stocks without a quantified assessment. STECF will be asked to evaluate 
the biological, social and economic effects of these different options and changes. 

Referring now specifically to stocks where scientific advice is lacking (category 11). 
Scientific  agencies  have  only  been  able  to  forecast  the  size  of  fish  stocks,  fishing 
mortality  rates  and  catch  levels  for  about  35%  of  stocks  (Annex I),  because  of 
inaccurate data from the fishing sector on landings, as well as problems in obtaining 
discards and effort data. This problem seems to be getting worse: poor data leads to 
poor  decisions,  which  in  turn  means  poor  conservation  status  and  depleted  stocks. 
Thus  if  data  is  not  improved,  then  a  precautionary  approach  will  be  followed  and 
consequently more stringent rules will be applied. This is also the case when two or 
more  stocks,  with  different  scientific  advices  (and  thus  categories),  are  managed 
together and a common TAC is set.  

Member States are reminded to implement data cross-checking and to improve data 
delivery.  The  Data  Collection  Framework  (DCF)9  will  improve  some  of  the  data-
related  issues,  namely  through  the  increase  of  species  listed  for  mandatory  data 
collection  (including  surveys  at  sea).  Furthermore,  the  current  reform  of  the  CFP 
control system should address these shortcomings, providing for the improvement of 
the  VMS  system  and  a  faster  and  wider  implementation  of  the  electronic  logbook. 
The Commission will continue to follow up these matters closely during 2009. 

9. 

DISCARDS 

Discarding of marine organisms (some of it of marketable fish) is a major problem in 
European  waters.  The  Commission  has  made  clear  its  intention  to  eliminate  this 
undesirable  practice10.  Achieving  this  objective  requires  changes  in  Community 
legislation as well as changes in fishermen's behaviour. In 2009, significant steps are 
being  taken  to  address  the  problem  of  discards:  a  highgrading  ban  has  been  put  in 
place in the North Sea and Skagerrak, effort has been further reduced in the context 
of multiannual plans and there are on-going pilot studies on how to reduce discards 
further. For 2010, more significant steps should be taken, as such:  

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Council  Regulation  (EC)  No.  199/2008  establishing  a  Community  framework  for  the  collection, 
management  and  use  of  data  in  the  fisheries  sector  and  support  for  scientific  advice  regarding  the 
Common Fisheries Policy. 
A policy to reduce unwanted by-catches and eliminate discards in European fisheries. Communication 
from the Commission to the Council and the European Parliament. COM(2007) 136 final 

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•  Reducing  fishing  effort  as  agreed  in  the  context  of  multiannual  plans;  this  is  a 
fundamental  step  to  reduce  discards,  as  it  reduces  discarding  of  all  species 
(including  non-commercial)  caused  by  several  reasons  (e.g.  low  or  no  market 
value,  highgrading  and  quota  exhaustion).  Reducing 
fishing  effort  on 
overexploited stocks will moreover increase population sizes and the average size 
of fish and so decrease discarding of undersized fish. 

•  A  general  highgrading  ban,  i.e.  the  prohibition  to  discard  any  marine  organism 
that is caught in a fishing operation and brought on board a fishing vessel that can 
be legally landed, should be implemented in all areas. 

•  Pilot studies - research studies on specific issues that relate to a discard ban should 
be encouraged, such as survival of discarded species, improving gear selectivity, 
economic impacts of a discard ban, possible uses of unwanted organisms, etc. 

•  Fishing permits – Member States are urged to give fishing permits only to vessels 
with  an  allocation  of  fishing  opportunities  in  the  form  of  quotas  for  the  species 
that are likely to be caught in the fishery in question. 

9.1. 

Guidelines for discard pilot studies 

In 2009 the number of initiatives to study specific issues that derive from a discard 
ban are expected to increase, creating the need for common rules to be set. These will 
ensure  a  level  playing  field  between  studies,  a  common  approach  between 
geographical areas, but also that the discards project related objectives are met. The 
rules for discard pilot studies thus include: 

– 

– 

– 

– 

– 

– 

That all catches of regulated species are counted against quotas; 

That  positive  incentives  for  the  vessels  engaged  in  the  pilot  study 
are  made  only  at  Member  State  level  within  the  quota  and  effort 
limitation allocated to the Member State; 

The  obligation  to  carry  on  board  observers/Electronic  Monitoring 
(EM) in at least 50% of fishing trips of the vessels engaged in the 
pilot study; 

The possible revision of technical measures; 

That results are scientifically analysed; 

A reporting obligation to the Commission of the project results in a 
scientific  report  for  inclusion  in  the  website  (open  to  the  general 
public). 

10. 

SCHEDULE OF PROPOSALS 

10.1.  Mediterranean Sea and the Black Sea 

In the Mediterranean, the only TAC at present is that for Bluefin Tuna established by 
ICCAT, which also set up a recurrent closed season (1 October - 30 November) for 

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fisheries fishing for swordfish. The Black Sea is covered by a specific TAC & quota 
Regulation since 2008. The TAC setting for 2010 will follow the rules in Annex II, 
and additional species or technical measures may be included.  

The  Commission  considers  that  implementation  of  the  Mediterranean  regulation  is 
still less than satisfactory, even in those parts eliciting a bottom-up approach like the 
national  management  plans  and  the  provision  of  relevant  information  to  establish  a 
network of fishing protected areas. Work will continue to prepare Community long-
term  management  plans  and  to  promote  this  approach,  together  with  other 
conservation  actions  and  specific  measures  on  monitoring  and  control  within  the 
General Fisheries Commission for the Mediterranean (GFCM). STECF will continue 
to  be  promoted  as  the  appropriate  international  scientific  platform  to  support  the 
contribution of the European scientists to the strengthening of the scientific basis for 
sustainable  fisheries  management 
to  enhance  scientific 
contributions to the Scientific Advisory Committee of GFCM. 

the  region  and 

in 

10.2.  Baltic Sea 

The Commission will present its proposal concerning 2010 TACs for Baltic stocks in 
September 2009. The Council will be invited to adopt the proposal in October. ICES 
advice will be available on the 29th of May, while STECF will provide its advice by 
the 19th June. The RAC is invited to provide advice to the Commission by the end of 
June. 

10.3.  Atlantic, North Sea and International Waters 

Scientific advice concerning most demersal stocks will be available from STECF in 
mid July. The Commission proposal will be published in October, to allow as much 
time  as  possible  for  consultation  on  the  Commission's  proposal.  The  Commission 
will  inform  stakeholders  of  the  outcome  of  the  rules  set  out  in  this  document, 
according to the latest scientific advice at a meeting to be convened before the end of 
July 2009. 

The timeline for the autumn round of decision-making will be maintained since the 
advice for the large pelagic shared stocks will only be available in October. This will 
be  needed  before  a  full  package  of  fishing  opportunities  can  be  negotiated.  The 
proposal will thus contain many elements on which decisions have not yet been taken 
and no specific figures can be presented. 

10.4.  Timetable 

The timetable foreseen is as follows: 

Fishing Opportunities 
Regulation 

Date of Commission 
Proposal 

Possible date of adoption 
by Council 

Black Sea 

Baltic Sea 

September 

September 

October Council 

October Council 

All other areas 

October 

December Council 

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11. 

STAKEHOLDER DIALOGUE 

The  Commission  attaches  high  value  to  stakeholder  input  throughout  the  process 
leading  to  the  establishment  of  annual  fishing  opportunities.  Feedback  on  this 
document can be seen as the starting point for that dialogue in the annual regulatory 
cycle. The various Regional Advisory Councils, as well as the Advisory Committee 
on Fisheries and Aquaculture have conveyed such feedback with a focus on the need 
for the Commission to factor in socio-economic factors when making its proposals. 
In  addition,  the  sector  has  consistently  reiterated  the  value  of  maintaining  a 
reasonable degree of stability in the TAC levels, while having varying views on the 
merits of individual TAC setting rules. 

The Commission has consistently maintained in its dialogue with stakeholders on the 
above  essential  points  that  the  establishment  of  fishing  opportunities  is  the  core 
element  of  a  policy  that  includes  various  different  tools  to  address  the  economy  of 
the fishing and processing sector. The Commission strives to have a comprehensive 
approach to the use of all such tools, and remains attached to the essential principle 
that  adequate  management  of  the  resource  base  for  the  fishing  activity  is  a  pre-
requisite  for  an  economically  resilient  sector.  On  the  other  hand,  the  Commission 
warmly  welcomes  the  readiness  of  stakeholders,  as  conveyed  by  the  RACs  and 
ACFA  feedback,  to  engage  in  industry-science  partnership  to  address  data–poor 
situations and thus contribute to making the management regime more robust. 

12. 

CONCLUSION 

The  Commission  solicits  the  views  of  Member  States  and  stakeholders  on  the 
approach set out above.  

It will value highly the advice of the Regional Advisory Councils and the Advisory 
Committee for Fisheries and Aquaculture. Taking account of this advice will help the 
Commission  meet  its  responsibility  to  manage  for  sustainability  according  to  the 
Common Fisheries Policy's objectives.  

The  Commission  takes  a  responsible  approach  to  management  for  sustainability: 
absence of evidence is not evidence of sustainability.  

Stakeholders' advice can only be used by the Commission when it is developed using 
an  evidence-based  approach  to  sustainable  fishing;  i.e.  data  are  needed  to  support 
stakeholders' advice. 

Good  information  about  the  fishery  and  the  stocks  is  needed  in  order  to  provide 
to  ensure  full  and  effective 
credible  advice.  Stakeholders  are  encouraged 
implementation of the existing systems of catch reporting and data collection. These 
are essential to make fisheries management work. With a sound basis in information, 
stakeholders  will  also  be  better  able  to  advise  the  Commission  concerning 
sustainable fishing practices. 

The Commission will pursue specific technical follow-up (and especially concerning 
effort  management  systems)  with  Member States and stakeholders from the second 
quarter of 2009. 

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In  order  that  the  results  of  consultations  can  be  used  in  time,  the  Commission 
requests  that  contributions  concerning  this  Communication  be  finalised  by  31  July 
2009. A discussion at political level with Member States is foreseen to take place at 
the Fisheries Council on the 22-23 June.  

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ANNEX I 

Table 1. Scientific advice about the 
state of the stock 

Outside safe biological limits 
Inside safe biological limits 
The state of the stock is unknown due 
to poor data 

Number of stocks 

2003 
30 
12 

2004 
29 
10 

2005 
26 
14 

2006 
26 
11 

2007 
26 
12 

2008 
28 
13 

2009 
27 
12 

48 

53 

53 

57 

58 

55 

57 

Table 2. Scientific advice about 
overfishing 

The rate of fishing on the stock is 
known compared to maximum 
sustainable yield rate 
The stock is overfished11  
The stock is fished at the maximum 
sustainable yield rate 

Number of stocks 

2003 

2004 

2005 

2006 

2007 

2008 

2009 

34 

32 

2 

23 

21 

2 

32 

30 

2 

33 

29 

4 

35 

30 

5 

 Table 3. "Emergency" scientific 
advice 

Number of stocks 

Scientific advice to stop fishing 

2003 
24 

2004 
13 

2005 
12 

2006 
14 

2007 
20 

2008 
18 

2009 
17 

Table 4. Difference between TACs 
and sustainable catches 

Excess of TAC over sustainable 
catch (%) 

2003 

2004 

2005 

2006 

2007 

2008 

2009 

46% 

49% 

59% 

47% 

45% 

51% 

48% 

Table 5. Summary of the scientific 
advice about fishing opportunities 

Number of fish stocks 

Stocks where stock size and fishing 
mortality can be forecast 
Stocks where a scientific advice 
concerning fishing opportunities is 
available 
Stocks where no scientific advice is 
available 

2003 

2004 

2005 

2006 

2007 

2008 

2009 

40 

34 

40 

31 

29 

30 

34 

59 

52 

54 

65 

61 

62 

63 

31 

40 

39 

29 

35 

34 

33 

11 

also termed "overexploited" 

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 ANNEX II - Rules for TACs 

TAC  decisions  must  be  made  on  the  basis  of  scientific  advice,  as  provided  by  STECF  that 
already considers biological, social and economic perspectives. 

Different rules should apply according to the level of risk concerning each stock. Stocks are at 
high  risk  when  they  fall  below  the  "precautionary  level  (Bpa)"-  the  level  where  the  future 
productivity  of  the  stock  risks  becoming  lower.  Another  marker  of  high  risk  is  when  the 
fishing mortality rate is higher than the "precautionary rate" (Fpa). Fishing mortality rate is the 
annual catch divided by the average size of the stock over the year. 

If a stock is smaller than Bpa or is fished at a higher rate than Fpa it is "outside safe biological 
limits", and vice versa. 

Category  Scientific advice 

Action to take in setting TAC 

1 

2 

3 

4 

5 

exploited 

the 
Stock 
maximum  sustainable  yield 
rate. 

at 

Aim  to  set  the  TAC  to  the  forecast  catch 
corresponding  to  the  fishing  mortality  that 
will deliver the highest yield in the long term, 
but  do  not  change  the  TAC  by  more  than 
25%. 

Stock  overexploited  compared 
to  maximum  sustainable  yield 
but 
safe  biological 
limits. 

inside 

Aim to set the TAC to the higher value of (a) 
to the forecast catch corresponding to taking 
the  highest  yield  in  the  long  term12,  or  (b) 
fishing  at  an  unchanged  mortality  rate,  but 
do not change the TAC by more than 15%. 

Stock  outside  safe  biological 
limits 

Stock  is  subject  to  long-term 
plan  and  scientists  advise  on 
the  catch  that  corresponds  to 
the plan. 

Aim to set the TAC to the forecast catch that 
will  result  in  a  30%  reduction  in  fishing 
mortality rate, but do not reduce the TAC by 
more  than  20%  as  long  as  fishing  mortality 
will not increase. 

The TAC  must be set  following the relevant 
plan. 

Stock is short-lived and a one-
year 
be 
provided. 

forecast 

cannot 

A provisional TAC is set and will be changed 
when new information is available during the 
year.  

6* 

State  of  the  stock  not  known 
precisely  and  STECF  advises 
on an appropriate catch level. 

Aim  to  set  the  TAC  according  to  STECF 
advice  but  do  not  change  the  TAC  by  more 
than 15%. 

12 

As measured by the fishing mortality corresponding to a marginal yield of 10% of the marginal yield at 
fishing mortality close to zero (F0.1). 

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7* 

8* 

9* 

10 

State  of  the  stock  not  known 
precisely  and  STECF  advises 
to reduce fishing effort. 

The  TAC  should  be  reduced  by  up  to  15% 
and STECF should be asked to advise on the 
appropriate level of effort. 

State  of  the  stock  not  known 
precisely  and  STECF  advises 
the stock is increasing.  

State  of  the  stock  not  known 
precisely  and  STECF  advises 
the stock is decreasing. 

The TAC should be increased by up to 15%. 

The TAC should be decreased by up to 15%. 

STECF advises a zero catch, a 
reduction 
lowest 
possible 
similar 
advice. 

the 
level  or 

to 

11 

There is no STECF advice. 

The TAC should be reduced by at least 25%. 
Recovery  measures  should  be  implemented 
including  effort  reductions  and  introduction 
of more selective fishing gear. 

TACs should be adjusted towards recent real 
catch  levels  but  should  not  be  changed  by 
more  than  15%  per  year  or  Member  States 
should  develop  an  implementation  plan  to 
provide advice within a short time. 

*  This  rule  may  be  subject  to  changes.  The  Commission  has  requested  ICES  to  advice  on 
possible new options as set out in Annex III. The final rule to be applied will depend on the 
outcome of that advice. 

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ANNEX III - Request to ICES for categories 6 to 9 

For those stocks, excluding naturally short-lived species, where it is not possible to provide an 
advice based on a catch forecast in relation to precautionary limits, ICES has been requested 
to: 

I) 

advise on a TAC corresponding to the application of the rule below; 

evaluate  the  consequences  of  implementing  the  rule  below  with  respect  to  the 

II) 
precautionary approach and compatibility with maximum sustainable yield; 

III) 
if  necessary,  advise  on  an  alternative  rule  and  the  corresponding  TACs  that  would 
improve compatibility with the precautionary approach, with maximum sustainable yield, or 
with improved stability of TACs. This could be provided on a case-by-case basis. 

Rule: 

1. 
Where there is evidence that a stock is overfished with respect to the fishing mortality 
that will deliver maximum sustainable yield, a reduction in TAC as needed to reach Fmsy, but 
no greater than 15% would apply. 

2. 
Where  there  is  evidence  that  a  stock  is  underfished  with  respect  to  the  fishing 
mortality that will deliver maximum sustainable yield, an increase as needed to reach Fmsy, 
but no greater than 15%, would apply. 

3. 

The considerations in paragraphs 1 and 2 override subsequent paragraphs. 

Where  abundance  information  either  indicates  no  change  in  stock  abundance,  is  not 
4. 
available  or  does  not  adequately  reflect  changes  in  stock  abundance,  an  unchanged  TAC 
would apply. 

Where  ICES  considers  that  representative  stock  abundance  information  exists,  the 

5. 
following rule applies: 

If the average estimated abundance in the last two years exceeds the average estimated 

a. 
abundance in the three preceding years by 20% or more, a 15% increase in TAC applies. 

If the average estimated abundance in the last two years is 20% or more lower than the 

b. 
average estimated abundance in the three preceding years, a 15% decrease in TAC applies. 

Where TACs have not been restrictive, and a reduction is required according to paragraph 1 
or  paragraph  5.b,  ICES  shall  advise  on  an  appropriate  level  of  TAC  reduction  necessary  to 
achieve the intended reduction in catches. ICES shall decide on an appropriate Fmsy proxy in 
each case. 

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