Proposal for a Council Regulation establishing a long-term plan for the anchovy stock in the Bay of Biscay and the fisheries exploiting that stock {SEC(2009) 1076 final} {SEC(2009) 1077 final}
Date: 2009-07-29
Institutions: European Commission
Subjects: France, Spain, authorised catch, catch of fish, catch quota, common fisheries policy, fishing area, fishing regulations, fishing rights, gulf

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.7.2009 
COM(2009) 399 final 

2009/0112 (CNS)  

Proposal for a 

COUNCIL REGULATION 

establishing a long-term plan for the anchovy stock in the Bay of Biscay and the fisheries 
exploiting that stock 

{SEC(2009) 1076 final} 

{SEC(2009) 1077 final} 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

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This proposed Regulation establishes a long-term plan for the management of the stock of 
anchovy in Bay of Biscay and the fisheries exploiting this stock. The objective of the plan 
shall be to maintain the biomass of the stock of anchovy in the Bay of Biscay at a level that 
allows  its  sustainable  exploitation  in  accordance  with  maximum  sustainable  yield,  on  the 
basis  of  scientific  advice,  and  while  ensuring  as  much  stability  and  profitability  for  the 
fishing  sector  as  is  practicable.  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 main elements of the new plan are as follows. 

–  The need to set a long-term management plan instead of annual ad hoc measures to set 

fishing possibilities.  

–  The  anchovy  fishery  in  the  Bay  of  Biscay  is  currently  closed.  In  order  to  re-open  the 
fishery,  the  Commission  agrees  with  scientific  advice  and  the  views  expressed  by  the 
stakeholders that this should only be done on the basis of a long-term strategy articulated 
around an appropriate harvesting rule.  

–  Proposes the appropriate harvest control rule in order to guarantee the stability of the 

fishery.  

This long-term plan follows a harvest control rule that should ensure the exploitation of the 
anchovy  at  high  yields,  guarantee  the  stability  of  the  fishery  and  have  a  low  risk  of  stock 
collapse.  Various  options  regarding  possible  rules  assessed.  The  results  of  the  assessment 
indicate that the appropriate rule, according to which annual TACs (Total Allowable Catch) 
will be calculated, is the following: 

⎧
⎪
⎪
⎪
⎨
⎪
⎪
{
γ
⎪
⎩

  TAC y =  

0

 if

ˆ
BSS

y

≤

24000

TAC

min

2 if

4000

<

ˆ
BSS

y

<

B

pa

ˆ
BSS

y

,

TAC

max

}

 if

ˆ
BSS

≥

B

pa

y

1 

OJ L 358, 31.12.2002, p. 59 

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Where: 

•  TACy is the Total Allowable Catch for a management year y going from July to June next 

year. 

•  TAC min is the minimum TAC 

•  TAC max is the maximum allowable TAC 

•  Bpa is the precautionary spawning biomass level for this stock 

•  Gamma γ is the harvest rate 

•  SSBy is the actual Spawning Biomass estimated in May every year.  

–  On the basis of the scientific advice, the appropriate parameters for use with the above 
formula with a view to the management of the stock of anchovy in Bay of Biscay should 
be the following: 

–  TAC min = 7 000 tonnes; 

–  TAC max = 33 000 tonnes; 

–  Bpa = 33 000 tonnes; 

–  γ = 0.3. 

–  Strengthening control and enforcement  

Control provisions must also be incorporated into the long term plan. They should form the 
basis for a reinforced control regime and thus represent additional requirements to those laid 
down in the general control system of the Common Fisheries Policy, currently under review. 
Once the new Control Regulation is adopted, it should overrule the corresponding chapter in 
this Regulation.  

General context 

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The  reform  of  the  Common  Fisheries  Policy set the  basis in 2002 for  implementing long-
term plans rather than a short-term approach based on openly negotiable annual decisions. 
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. Management of resources based on long-
term plans is best geared to ensure that the exploitation of living aquatic resources provides 
sustainable economic, environmental and social conditions. 

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.  

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Existing provisions in the area of the proposal 

-  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and 
sustainable exploitation of fisheries resources under the Common Fisheries Policy sets the 
general framework for sustainable exploitation of fisheries resources. 

- Council Regulation (EEC) No 2847/1993 of 12 October 1993 establishing a control system 
applicable to the common fisheries policy. 

-Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund. 

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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 

211 

Consultation methods, main sectors targeted and general profile of respondents 

The  proposal  takes  into  account  the  results  of  a  consultation  process  in  which  the 
Commission  engaged  Member  States  as  well  as  stakeholders  representatives  in  the 
Regional Advisory Councils. 

The Commission provided a technical non-paper for the Member States in November 
2007.  This  paper  presented  various  possible  elements  of  the  management  plan, 
including alternative approaches;  

•  Different options regarding harvest control rules. 

Various  possible  options  were  assessed  as  to  their  potential  management  efficiency, 
and the yield / risk tradeoffs they entail. 

•  Possible management of capacity/effort. 

•  To adequately manage this fishery, it is necessary to establish a plan to ensure that 
the  annual  effort  deployed  to  the  fishery  corresponds  to  the  catch  possibilities 
available. 

•  Technical measures. 

•  An area to protect juveniles, allowing a larger part of the newly recruited to spawn 

and/or the possibility to establish areas to protect adults.  

•  Control measures. 

•  The  need  for  a  strict  control  regime,  including  an  obligation  of  Member  States  to 

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develop national control plans. 

•  Market measures. 

•  Different options regarding market measures based on the number of individuals per 

kg allowed. 

•  Research. 

•  A need to develop further scientific methodologies so that estimates recruitment in a 
given  year  are  more  robust,  notably  through  surveys  in  the  autumn  part  of  the 
fishing season, with a view of the TAC setting in the subsequent (late) spring..  

The  consultation  paper  was  also  addressed  to  the  South  Western  Waters  Regional 
Advisory  Council  (SWWRAC).  This  body  was  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  feedback  and  advice  to  the  European  Commission  on  policy 
development and measures proposed for the South Western Waters, where this stock is 
fished.  The  SWWRAC  was  consulted  on  the  different  reports  produced  by  scientific 
and technical experts group (see next section) regarding options for the management of 
this stock. Its input was important and the current proposal has taken into consideration 
some of the points raised in this context. 

212 

Summary of responses received 

The SWWRAC agreed on the need to establish a long-term plan to manage anchovy in 
the  Bay  of  Biscay.  Furthermore  it  agreed  with  a  harvest  control  rule  which  is  very 
similar to the rule used in this proposal. However, the RAC supports an increase of the 
exploitation  factor  (gamma)  to  0.4  (instead  of  the  proposed  0.3).  This  would 
significantly raise the level of risk, thus increasing the probability of a stock fall below 
Blim and of fishery closure. 

For the remainder, the consultation process led the Commission to focus the proposal 
on  harvest  control  rules  and  control  provisions,  whereas  other  possible  elements  as 
discussed  in  the  technical  non-paper  may  be  considered  under  different  regulatory 
instruments (such as regional technical measures and/or research surveys in the context 
of the Commission's advisory bodies).  

Collection and use of expertise 

221 

Scientific/expertise domains concerned 

The  Commission's  Scientific,  Technical  and  Economic  Committee  for  Fisheries 
(STECF)  was  requested  to  provide  expert  advice  on  the  long-term  management  of 
anchovy.  Two  meetings  were  organised  for  an  ad  hoc  expert  group;  a  first  one  took 
place in Hamburg 14 to 18 April, 2008, and a second one in San Sebastian 2 to 6 June, 
2008. STECF issued its advice at its plenary meeting of 2 to 4 July, 2008. Furthermore, 
a new rule proposed by the RAC with a higher Blim value was analysed during 20 to 24 
April, 2009.  

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2249 

Summary of advice received and used 

•  The main points are:  

•  Both  STECF  and  SWW  RAC  advise  that  there  are  substantial  benefits  in  moving 
from the current system based on ad hoc annual measures into a long-term plan. 

•  STECF provides the results of different harvest control rules through a risk analysis 

under the following scenarios of exploitation:  

–  Option  A:  Harvesting  a  constant  proportion  above  an  escapement  Biomass  (SSB) 

level; 

–  Option B: Harvesting a constant proportion of the Biomass SSB level; 

–  Option  C:  Harvesting  a  constant  proportion  above  an  escapement  level  for  low 

recruitments scenarios. This option was proposed by the RAC. 

–  Option  D:  Harvesting  a  constant  proportion  of  the  Biomass  SSB  level  but  with 
certain constraints on the minimum biomass level. This option was also proposed by 
the RAC. 

•  The analysis was based on a simulation model that evaluated the probability of the 
stock falling below Blim and the probability of closing the fishery, within a ten-year 
period.  

The current proposal is based on the option D. 

Means used to make the expert advice publicly available 

The advice from STECF is publicly available on its website (fishnet.jrc.it/web/stecf ). 

Impact assessment 

The  impact  assessment  is  based  notably  on  two  basic  policy  options,  the  second  one 
with three sub-options: 

–  No policy change (status quo);  

–  Setting a long-term plan under the 3 alternatives provided by STECF. 

–  Following the impact assessment, a further option (option D above) was suggested 
by the RAC. Assessment by the STECF showed that this option was comparable to 
the  option  C,  the  preferred  option  from  the  impact  assessment,  in  the  way  that  it 
would  provide  the  same  benefits  for  the  stock,  while  limiting  the  risk  for  stock 
collapse. Given that this option is the option most supported by the RAC, this one 
has been chosen for the proposed Regulation. 

–   

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230 

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–  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 

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  an  evaluation  of  the  plan  each  three 
years from the date of entry into force of the Regulation. 

The proposed plan sets a minimum spawning biomass level based on scientific advice 
from STECF and ICES, below which the fishery should remain closed. An evaluation 
clause  is  included  in  the  proposal  to  ensure  that  this  value  can  be  amended,  if 
appropriate in the light of new scientific information and advice. 

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2009/0112 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a long-term plan for the anchovy stock in the Bay of Biscay 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 Commission2, 

Having regard to the opinion of the European Parliament3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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. 

The anchovy fishery in Bay of Biscay has been closed since 2005 due to the poor state 
of that stock.  

In order to improve the stock of anchovy in the Bay of Biscay, at a level that allows its 
sustainable exploitation in accordance with maximum sustainable yield, it is necessary 
to  provide  for  measures  for  long-term  management  of  the  stock  ensuring  the 
exploitation of that stock at high yields consistent with maximum sustainable yield and 
guaranteeing,  as  far  as  possible,  the  stability  of  the  fishery  while  maintaining  a  low 
risk of stock collapse.  

The season for fishing anchovy in the Bay of Biscay runs from 1 July each year until 
31 June of the following year. For the purposes of simplification, it is appropriate to 
provide  for  specific  measures  establishing  the  TAC  for  each  fishing  season  and 
allocation  of  fishing  opportunities  between  the  Member  States  in  a  manner  that 

2 
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OJ C, p. 
OJ ... 

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complies  with  this  management  period  and  on  the  basis  of  the  advice  from  the 
Scientific,  Technical  and  Economic  Committee  for  Fisheries  (STECF).  This  requires 
therefore following a procedure different from the procedure foreseen in Article 20 of 
Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and 
sustainable exploitation of fisheries resources under the Common Fisheries Policy4. 

(5) 

It stems from the advice provided by the STECF that harvesting a constant proportion 
of the spawning stock biomass would provide for sustainable stock management. The 
STECF  also  advises  that  the  minimum  spawning  biomass  level  at  which  the  stock 
could start to be harvested should be set at 24 000 tones and the precautionary biomass 
levels at 33 000 tones. Furthermore, the appropriate harvest rate should be 30% of the 
spawning stock biomass each year, subject to appropriate restrictions. This rate would 
minimize the risk of the stock falling below the minimum spawning biomass level, as 
well as the probability of a fishery closure, while keeping high yields. 

(6) 

In the event that the STECF is not able to advice on a TAC due to lack of sufficiently 
accurate  and  representative  information,  provisions  should  be  established  to  ensure 
that a TAC can be set in a consistent manner.  

(7)  Where evaluation would show that the minimum spawning biomass level or the TAC 
levels  established  in  the  plan  would  no  longer  be  appropriate,  adaptation  of  the  plan 
should  be  ensured.  Considering  that  the  establishment  and  allocation  of  fishing 
opportunities 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) 

Control measures 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  policy5  should  be  introduced  to  ensure  compliance  with  the  measures  laid 
down in this Regulation. Having regard to the large number of vessels of less than 15 
meters  length  that  is  involved  in  the  anchovy  fishery,  it  is  appropriate  to  extend  the 
obligations laid down in Commission Regulation (EC) No 2244/2003 of 18 December 
2003  laying  down  detailed  provisions  regarding  satellite-based  Vessel  Monitoring 
Systems6 to all vessels fishing for anchovy. 

(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  Fund7  the  plan  should  be  a 
recovery  plan  within  the  meaning  of  Article  5  Regulation  (EC)  No  2371/2002  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.  

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5 
6 
7 

OJ L 358, 31.12.2002, p. 59. 
OJ L 261, 20.10.1993, p. 1.  
OJ L 333, 20.12.2003, p. 17. 
OJ L 223, 15.8.2006, p. 1. 

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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 
stock of anchovy in the Bay of Biscay (hereinafter referred to as 'the plan').  

Article 2 

Scope  

This Regulation shall apply to the stock of anchovy which inhabits ICES Zone VIII. 

Article 3 

Definitions  

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

(a) 

(b) 

(c) 

(d) 

(e) 

"fishing season" means the period running from 1 July to 31 of June of the following 
year; 

"total allowable catches" (TAC) means the quantity that can be taken and landed or 
used as live bait from the anchovy stock in the zone referred to in Article 2 during 
each fishing season; 

"quota" means a proportion of the TAC allocated to the Member States 

"precautionary biomass level" means a spawning biomass level of 33000 tonnes; 

"current  biomass"  means  the  median  size  of  the  biomass  of  the  anchovy  stock  in  a 
fishing season 

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CHAPTER II 
OBJECTIVE FOR LONG TERM MANAGEMENT 

Article 4 

Objective of the plan 

The objective of the plan shall be: 

(a) 

(b) 

1. 

2. 

3. 

to  ensure  the  exploitation  of  the  anchovy  stock  at  high  yields  consistent  with  the 
maximum sustainable yield, and  

to guarantee, as far as possible, the stability of the fishery while maintaining a low 
risk of stock collapse. 

CHAPTER III 

HARVESTING RULES  

Article 5 

TAC and allocation between Member States  

The TAC and allocation between Member States for each fishing season shall be the 
level  of  tonnes  indicated  in  Annex  I  as  corresponding  to  the  current  biomass  as 
estimated by the STECF.  

Where,  due  to  lack  of  sufficiently  accurate  and  representative  information,  the 
STECF  is  not  able  to  give  an  advice  on  the  current  biomass,  the  TAC  and  quotas 
shall be as follows: 

(a)  where  STECF  advises  that  the  catches  of  anchovy  should  be  reduced  to  the 
lowest  possible  level,  the  TAC  and  quotas  shall  correspond  to  a  reduction  of 
25%  compared  to  the  TAC  and  quotas  applicable  for  the  previous  fishing 
season; 

(b) 

in  all  other  cases  the  TAC  and  quotas  shall  correspond  to the  level  of  tonnes 
applicable for the previous fishing season.  

Each year, the Commission shall inform the Member States concerned of the STECF 
advice  and  shall  confirm  the  TAC  and  quotas  corresponding  thereto  in  accordance 
with Annex I and applicable for the fishing season starting as of 1 July of that year 
and publish it in the C-edition of the Official Journal of the European Union and on 
the Commission’s website. 

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Article 6 

Adaptation of measures 

In the event that STECF advises that the precautionary biomass level in Article 3 or the TAC 
levels  indicated  in  Annex  I  as  corresponding  to  the  respective  biomass  levels  are  no  longer 
appropriate  to  allow  the  sustainable  exploitation  of  the  anchovy  stock,  the  Council  shall 
decide on new values for those levels acting in accordance with the procedure laid down in 
article 20 of Regulation (EC) No 2371/2002. 

Article 7 

Relationship with Regulation (EC) No 847/96 

Article 5(2) of Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions 
for  year-to-year  management  of  TACs  and  quotas8  shall  apply  to  the  TAC  and  quotas 
applicable to each fishing season in accordance with this Chapter.  

CHAPTER IV 

MONITORING, INSPECTION AND SUVEILLANCE 

Article 8 

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 9 

Special fishing permit 

1. 

2. 

In order to fish for anchovy in the Bay of Biscay, 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 permits9. 

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

8 
9 

OJ L 115, 9.5.1996, p. 3. 
OJ L 171, 6.7.1994, p.7. 

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3. 

Before the  start of the fishing activities in any  fishing season,  Member States shall 
establish  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, by providing the internet link to the concerned webpage. Member State shall 
keep  the  list  up  to  date  at  all  times  and  shall  inform  the  Commission  and  other 
Member States without delay of any changes to the original link to the webpage. 

Article 10 
Vessel Monitoring Systems 

In addition to Article 22(1)(b) of Regulation (EC) No 2371/2002, the obligations laid down in 
Commission Regulation (EC) No 2244/2003 shall apply as from 1 July 2010 to those vessels 
referred to in Article 9 not exceeding 15 meters length overall. 

Article 11 
Cross-checks 

1. 

2. 

3. 

Member  States  shall  carry  out  with  regard  to  anchovy  the  administrative  cross-
checks and verifications of data provided for in Article 19 of Regulation (EEC) No 
2847/93. Particular emphasis shall be placed on the possibility of species other than 
anchovy being reported as anchovy, and vice versa. 

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 anchovy  

The master of a fishing vessel shall ensure that any quantity of anchovy caught in the area set 
out in Article 2 kept on board or 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. 

Article 13 

Prohibition of transhipping 

The transhipment of anchovy at sea shall be prohibited in the area referred to in Article 2.  

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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  anchovy  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 anchovy is to be made may require that the discharge of catch retained on 
board shall not commence until authorized 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  one  tonne  of  anchovy  is  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  anchovy  in 
excess of one tonne shall take place. 

Each Member State shall make publicly available on their official website within 15 
days of the entry into force of this Regulation the list of designated ports and, within 
30  days  thereafter,  the  associated  inspection  and  surveillance  procedures  for  those 
ports, including the terms and conditions for recording and reporting the quantities of 
anchovy within each landing. 

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 

EN 

14 

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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 anchovy 

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

Article 18 

Transport of anchovy 

1. 

2. 

1. 

2. 

The  competent  authorities  of  a  Member  State  may  require  that  any  quantity  of 
anchovy  caught  in  any  of  the  area  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 anchovy first landed in a port designated 
pursuant  to  Article15,  representative  samples,  amounting  to  at  least  20  %  of  the 
landings in number shall be weighed in the presence of controllers authorized 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 anchovy 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 anchovy 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  II  and  shall  ensure  that  the 
sampling  plans  referred  to  in  Article  6(6)  of  Regulation  (EC)  No  2847/93  put 
particular emphasis on the monitoring of the activities of those vessels 

Before  30  September  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 

10 

OJ L 276, 10.10.1983, p. 1. 

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15 

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programmes together with an implementation schedule as well as the sampling plans 
referred to in paragraph 1. 

3. 

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 21 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 III are reached. 

Article21 

Specific control and inspection programmes 

By  way  of  derogation  from  Article  34c(1)  of  Regulation  (EEC)  No  2847/93,  the  specific 
control and inspection programme for the anchovy 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 anchovy 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 VII 
FINAL PROVISIONS 

Article 23 

Assistance under the European Fisheries Fund 

1. 

For  those  fishing  seasons  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 

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Article 5 of Regulation (EC) No 2371/2002, and for the purposes of Article 21(a)(i) 
of Regulation (EC) No 1198/2006. 

2. 

For those fishing seasons 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 

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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The TAC levels indicated in the table below have been calculated according to the following 
rule: 

ANNEX I 

⎧
⎪
⎪
⎪
⎨
⎪
⎪
{
γ
⎪
⎩

  TAC y =  

0

 if

ˆ
BSS

y

≤

24000

TAC

min

2 if

4000

<

ˆ
BSS

y

<

B

pa

ˆ
BSS

y

,
TAC

max

}

 if

ˆ
BSS

≥

B

pa

y

Where: 

TACy  is  the  Total  Allowable  Catch  for  a  management  year  y  going  from  July  to  June,  next 
year . 

TAC min is the minimum TAC 

TAC max is the maximum allowable TAC 

Bpa is the precautionary spawning biomass level for this stock 

Gamma γ is the harvest rate 

SSBy is the actual Spawning Biomass estimated in May every year.  

On  the  basis  of  the  scientific  advice,  the  appropriate  parameters  for  use  with  the  above 
formula with a view to the management of the stock of anchovy in Bay of Biscay should be 
the following: 

TAC min = 7 000 tonnes; 

TAC max = 33 000 tonnes; 

Bpa = 33 000 tonnes; 

γ = 0.3. 

Current biomass levels and corresponding TAC and quota levels 

Estimated current biomass 
(tonnes) 

Corresponding TAC 
(tonnes) 

24 000 or less 

24 001 – 33 000 

33 001 – 34 000 

EN 

0 

7 000 

10 200 

18 

Quotas (tonnes) 

France 

0 

700 

1 020 

Spain 

0 

6 300 

9 180 

   EN 

 
 
 
 
 
 
 
 
 
34 001 – 35 000 

35 001 – 36 000 

36 001 – 37 000 

37 001 – 38 000 

38 001 – 39 000 

39 001 – 40 000 

40 001 – 41 000 

41 001 – 42 000 

42 001 – 43 000 

43 001 – 44 000 

44 001 – 45 000 

45 001 – 46 000 

46 001 – 47 000 

47 001 – 48 000 

48 001 – 49 000 

49 001 – 50 000 

50 001 – 51 000 

51 001 – 52 000 

52 001 – 53 000 

53 001 – 54 000 

54 001 – 55 000 

55 001 – 56 000 

56 001 – 57 000 

57 001 – 58 000 

58 001 – 59 000 

59 001 – 60 000 

60 001 – 61 000 

61 001 – 62 000 

62 001 - 63 000 

10 500 

10 800 

11 100 

11 400 

11 700 

12 000 

12 300 

12 600 

12 900 

13 200 

13 500 

13 800 

14 100 

14 400 

14 700 

15 000 

15 300 

15 600 

15 900 

16 200 

16 500 

16 800 

17 100 

17 400 

17 700 

18 000 

18 300 

18 600 

18 900 

 1 050 

1 080 

1 110 

1 140 

1 170 

1 200 

1 230 

1 260 

1 290 

1 320 

1 350 

1 380 

1 410 

1 440 

1 470 

1 500 

1 530 

1 560 

1 590 

1 620 

1 650 

1 680 

1 710 

1 740 

1 770 

1 800 

1 830 

1 860 

1 890 

9 450 

9 720 

9 990 

10 260 

10 530 

10 800 

11 070 

11 340 

11 610 

11 880 

12 150 

12 420 

12 690 

12 960 

13 230 

13 500 

13 770 

14 040 

14 310 

14 580 

14 850 

15 120 

15 390 

15 660 

15 930 

16 200 

16 470 

16 740 

17 010 

EN 

19 

   EN 

 
63 001 – 64 000 

64 001 – 65 000 

65 001 – 66 000 

66 001 – 67 000 

67 001 – 68 000 

68 001 – 69 000 

69 001 – 70 000 

70 001 – 71 000 

71 001 – 72 000 

72 001 – 73 000 

73 001 – 74 000 

74 001 – 75 000 

75 001 – 76 000 

76 001 – 77 000 

77 001 – 78 000 

78 001 – 79 000 

79 001 – 80 000 

80 001 – 81 000 

81 001 – 82 000 

82 001 – 83 000 

83 001 – 84 000 

84 001 – 85 000 

85 001 – 86 000 

86 001 – 87 000 

87 001 – 88 000 

88 001 – 89 000 

89 001 – 90 000 

90 001 – 91 000 

91 001 – 92 000 

19 200 

19 500 

19 800 

20 100 

20 400 

20 700 

21 000 

21 300 

21 600 

21 900 

22 200 

22 500 

22 800 

23 100 

23 400 

23 700 

24 000 

24 300 

24 600 

24 900 

25 200 

25 500 

25 800 

26 100 

26 400 

26 700 

27 000 

27 300 

27 600 

1 920 

1 950 

1 980 

2 010 

2 040 

2 070 

2 100 

2 130 

2 160 

2 190 

2 220 

2 250 

2 280 

2 310 

2 340 

2 370 

2 400 

2 430 

2 460 

2 490 

2 520 

2 550 

2 580 

2 610 

2 640 

2 670 

2 700 

2 730 

2 760 

17 280 

17 550 

17 820 

18 090 

18 360 

18 630 

18 900 

19 170 

19 440 

19 710 

19 980 

20 250 

20 520 

20 790 

21 060 

21 330 

21 600 

21 870 

22 140 

22 410 

22 680 

22 950 

23 220 

23 490 

23 760 

24 030 

24 300 

24 570 

24 840 

EN 

20 

   EN 

 
92 001 – 93 000 

93 001 – 94 000 

94 001 – 95 000 

95 001 – 96 000 

96 001 – 97 000 

97 001 – 98 000 

98 001 – 99 000 

99 001 – 100 000 

Larger than 100 000 

27 900 

28 200 

28 500 

28 800 

29 100 

29 400 

29 700 

30 000 

33 000 

2 790 

2 820 

2 850 

2 880 

2 910 

2 940 

2 970 

3 000 

3 300 

25 110 

25 380 

25 650 

25 920 

26 190 

26 460 

26 730 

27 000 

29 700 

EN 

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ANNEX II 

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 17 

3. 

DESIGNATION OF PORTS 

Where  relevant,  a  list  of  ports  designated  for  anchovy  landings  in  accordance  with 
Article 16. 

4. 

NOFICATION PRIOR TO LANDING 

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

5. 

LANDINGS CONTROL 

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) 

for communicating with the competent authorities designated by other Member 
States as responsible for the national control action programme for anchovy; 

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22 

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(c) 

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

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ANNEX III 

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

(b)  Level of inspection of marketing 

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

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(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.  

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25 

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