Proposal for a Council Regulation fixing the fishing opportunities and the conditions relating thereto for certain fish stocks applicable in the Black Sea for 2010
Date: 2009-10-05
Institutions: European Commission
Subjects: Black Sea, authorised catch, fishery management, fishery resources, fishing regulations, fishing rights

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.10.2009 
COM(2009) 517 final 

Proposal for a 

COUNCIL REGULATION 

fixing the fishing opportunities and the conditions relating thereto for certain fish stocks 
applicable in the Black Sea for 2010 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Objectives of the proposal 

Following  the  accession  of  Bulgaria  and  Romania  to  the  EU  on  1  January  2007  and  in 
continuation  of  the  conservation  measures  already  implemented  in  2008  and  2009  the 
objective  of  this  proposal  is  to  fix,  for  the  commercially  most  important  fish  stocks  in  the 
Black  Sea,  fishing  opportunities  and  associated  conditions  thereto  for  Member  States  for 
2010. 

General context 

In  accordance  with  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the 
conservation and sustainable exploitation of fisheries resources under the Common Fisheries 
Policy, the Common Fisheries Policy shall ensure exploitation of living aquatic resources that 
provides  sustainable  economic,  environmental  and  social  conditions.  An  important  tool  to 
achieve these objectives is the annual fixing of the fisheries opportunities in the form of total 
allowable catches (TACs), quotas and fishing effort limits. 

The  fixing  of  fishing  opportunities  in  the  Black Sea and the  conditions related thereto were 
implemented for the first time by Community legislation in 2008.  

These  first  precautionary  Community  management  measures  for  the  Black  Sea  call  upon 
national administrations, the stakeholders and the scientific community to improve the control 
of  catches  and  landings,  as  well  as  the  quality  of  data  for  better  scientific  and  economic 
analysis. 

Furthermore, these measures will strengthen the Community position in discussions within a 
possible future regional fisheries management body involving all Black Sea countries. 

Pending  the  development  of  a  more  advanced  and  integrated  scheme  of  management 
measures for sustainable fisheries in the region, to be agreed at multilateral level, the intention 
of this proposal is to propose conservation measures for 2010 in line with points 4 and 5, and 
points 7-9 of the Commission' Communication on Consultation on Fishing Opportunities for 
20101. 

The objective is that the Council adopts the draft Regulation in October 2009. 

The  proposal  contains  management  measures  fixing  the  Community  TACs  and  quotas  and 
related technical measures. 

Existing provisions in the area of the proposal 

No fisheries conservation measures exist at multilateral level. 

This proposal represents a continuation of the regulation for 2009, Council Regulation (EC) 
No 1139/2008 of 10 November 2008. 

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COM(2009) 224 of 12 May 2009  

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Consistency with other policies and objectives of the Union 

The  measures  proposed  are  designed  in  accordance  with  the  objectives  of  the  Common 
Fisheries Policy and are consistent with the Community's policy on sustainable development. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of interested parties 

The  two  Member  States  concerned  are  aware  that  the  Commission  intends  to  present 
conservation  measures  for  the  Black  Sea  in  line  with  rules  presented  in  the  Commission 
Consultation on Fishing Opportunities for 2010. 

On 5 June 2009 DG MARE invited fisheries counsellors of Romania and Bulgaria to discuss 
the implications of the spring STECF report on the in-year review of the turbot TAC foreseen 
in Council Regulation (EC) No 1139/2008. Both Member States have reacted in writing and 
have agreed jointly to ask for an increase to 130 tonnes of the turbot TAC. 

In  the  light  of  the  statement  by  STECF  of  17  July  2009,  any  possibility  of  increasing  the 
turbot  TAC  must  be  entirely  excluded.  However,  no  specific  structured  consultations  have 
taken  place  so  far  with  the  national  administrations  and  stakeholders  of  the  two  Member 
States concerned. Such consultations are foreseen for the beginning of September 2009. 

Collection and use of expertise 

Two  working  groups  of  scientists  of  the  Black  Sea  region  (Bulgaria,  Romania,  Turkey  and 
Ukraine) were convened by the Scientific, Technical and Economic Committee for Fisheries 
(STECF) in March and July 2009. The groups prepared reports describing the situation of the 
sprat  and  turbot  stocks  in  the  Black  Sea  with  special  attention  to  Community  waters.  The 
reports  were  forwarded  to  the  Scientific,  Technical  and  Economic  Committee  for  Fisheries 
(STECF)  that  reviewed  the  turbot  fishery  in  the  Black  Sea  at  its  Plenary  meeting  in  April 
2009 and for both sprat and turbot at its July session in Copenhagen on 13-17 July 2009. 

The scientific advice on fishing opportunities in 2010 in the Black Sea was delivered by the 
Scientific, Technical and Economic Committee for Fisheries (STECF) on 17 July 20092. 

The STECF notes that the turbot stock should be classified under category 10 according to the 
Commission Consultation on Fishing Opportunities for 2010, which means that the TAC for 
turbot  should  be  reduced  by  at  least  25%  from  the  2009  Community  TAC  of  100  t  to  75  t. 
Recovery  measures  should  be  implemented  including  effort  reductions  and  introduction  of 
more  selective  fishing  gear.  There  are  no  new  elements  indicating  a  change  in  the  current 
50/50 allocation key between the two Member States concerned. 

For sprat STECF proposes to classify this stock in category 6, implying that no Community 
TAC is set for this stock. In fact, category 6 concerns the situation where the state of the stock 
is unknown and STECF advises on an appropriate catch. The action to be taken is to aim to 
set the TAC according to STECF advice but not to change the TAC by more than 15 %. In the 
absence of adequate stock abundance data, the TAC should remain unchanged. 

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STECF review of Scientific Advice for 2010 Part I, p. 159-160 

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Impact assessment 

The proposal significantly suggests to reduce the allowed catch levels adopted for 2009, the 
likely impact on the fisheries sector was examined with the national administrations as well as 
with  experts  and  scientists  of  the  two  Member  States  concerned  in  2007  and  2008.  The 
proposed reductions call for accompanying measures to be discussed with the Member States 
concerned. 

Regarding fishing possibilities for turbot in 2009, the Bulgarian turbot fishery has been closed 
nationally  and  at  Community  level  since  1  April.  The  fishery  is  closed  seasonally  from  15 
April  to  15  June.  In  order  to  verify  control  of  catches  and  landings  a  control  mission  by 
Commission inspectors is foreseen in October 2009. 

Application of the 2010 Fishing Opportunities rules for sprat means that the 2009 unallocated 
TAC should remain unchanged. This will not create difficulties considering that the combined 
annual catches of Bulgaria and Romania in recent years are less that half this amount. 

Considering that fishing for turbot has considerably increased in Bulgaria in 2009 and that the 
yearly quota was exhausted on 1 April 2009, implementation of the TAC and quota reductions 
should in the short run lead to very important restrictions in Bulgarian fishing activities. 

The  proposal  should  be  basically  regarded  as  a  continuation  of  the  measures  applicable  for 
2008 and 2009 aiming at creating conditions for log-term sustainable exploitation in the area. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Legal basis 

The legal basis for this proposal is Council Regulation (EC) No 2371/2002, and in particular 
Article 20 thereof. 

4. 

BUDGETARY IMPLICATIONS 

Fleet  adjustments  might  be  required,  as  foreseen  under  the  Operational  Programmes 
implementing  the  European  Fisheries  Fund  measures  in  the  two  Member  States  concerned. 
However, that notwithstanding, the proposal has no implication for the Community budget. 

5. 

ADDITIONAL INFORMATION 

Detailed Explanation 

The proposal fixes for 2010 the fishing opportunities for Member States fishing in the Black 
Sea. The  TACs  and quotas allocated to Member States are given in Annex I. The proposed 
figures are based on the Commission Consultation on Fishing Opportunities for 2010. 

The technical measures accompanying the quantitative restrictions consist of a ban for turbot 
fishing from 15 April to 15 June, a minimum landing size of 45cm for turbot and the use of a 
400 mm minimum legal mesh size for bottom-set nets used to catch turbot. The phasing-out 
period for using smaller nets has now expired. 

A high-grading ban for any species subjected to quota is established. The overall aim of the 
high-grading  ban  is  the  reduction  of  discards.  A  high  grading  ban  implies  a  prohibition  to 
discard  species  subject  to  quota  that  can  legally  be  caught  and  landed  under  Community 
fisheries legislation. 

The Commission is also promoting cooperation in fisheries management with third countries 
bordering  the  Black  Sea  in  bilateral  consultations  with  Turkey  and  Ukraine  and  though  the 

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appropriate  Regional  Fisheries Organisation  such  as  GFCM  (General  Fisheries  Commission 
for the Mediterranean). 

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Proposal for a 

COUNCIL REGULATION 

fixing the fishing opportunities and the conditions relating thereto for certain fish stocks 
applicable in the Black Sea for 2010 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation (EC)  No  2371/2002  of  20 December 2002  on  the 
conservation and sustainable exploitation of fisheries resources under the Common Fisheries 
Policy3, and in particular Article 20 thereof, 

Having regard to Council Regulation (EC) No 847/1996 of 6 May 1996 introducing additional 
conditions  for  year-to-year  management  of  TAC's  and  quotas4,  and  in  particular  Article  2 
thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

Article  4  of  Regulation  (EC)  No  2371/2002  requires  the  Council  to  adopt  the 
necessary  measures  governing  access  to  areas  and  resources  and  the  sustainable 
pursuit  of  fishing  activities  taking  account  of  available  scientific  advice  and,  in 
particular, the report prepared by the Scientific, Technical and Economic Committee 
for Fisheries. 

Under  Article  20  of  Regulation  (EC)  No  2371/2002,  the  Council  establishes  the 
fishing  opportunities  by  fishery  or  group  of  fisheries  and  the  allocation  of  those 
opportunities to Member States. 

In  order  to  ensure  effective  management  of  the  fishing  opportunities,  the  specific 
conditions under which fishing operations are carried out should be established. 

Article 3 of Regulation (EC) No 2371/2002 lays down definitions of relevance for the 
allocation of fishing opportunities. 

In accordance with Article 2 of Regulation (EC) No 847/96, the stocks that are subject 
to the various measures provided for therein must be identified. 

In  order  to  contribute  to  the  conservation  of  fish  stocks,  certain  supplementary 
measures relating to the technical conditions of fishing should be implemented in2010. 

The reduction in the total allowable catch (TAC) for sprat should not affect its future 
stock levels, which should take into account the fishing activities of other Black Sea 
coastal States. 

Fishing opportunities should be used in accordance with Community legislation on the 
subject, in particular with Council Regulation (EEC) No 2847/93 of 12 October 1993 

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OJ L 358, 31.12.2002, p. 59.  
OJ L 115, 9.5.1996, p. 3. 

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establishing a control system applicable to the common fisheries policy5 and Council 
Regulation  (EC)  No  850/98  of  30  March  1998  for  the  conservation  of  fishery 
resources  through  technical  measures  for  the  protection  of  juveniles  of  marine 
organisms6. 

(9) 

In order to ensure proper enforcement and control, the mesh size should be measured 
in accordance with Commission Regulation (EC) No 517/2008 of 10 June 2008 laying 
down detailed rules for the implementation of Council Regulation (EC) No 850/98 as 
regards  the  determination  of  the  mesh  size  and  assessing  the  thickness  of  twine  of 
fishing nets7. 

(10) 

In  order  to  reduce  discards,  it  is  appropriate  to  establish  a  high-grading  ban  for  any 
species subject to quota, implying a prohibition to discard species subject to quota that 
can legally be caught and landed under Community fisheries legislation. 

(11)  To  ensure  the  livelihood  of  Community  fishermen,  it  is  important  to  open  these 
fisheries on 1 January 2010. In view of the urgency of the matter, it is imperative to 
grant an exception to the six-week period referred to in paragraph I(3) of the Protocol 
on the role of national Parliaments in the European Union, annexed to the Treaty on 
European Union and to the Treaties establishing the European Communities, 

HAS ADOPTED THIS REGULATION: 

CHAPTER I 
Subject matter, scope and definitions 

Article 1 
Subject matter 

This  Regulation  fixes  fishing  opportunities  for  the  year  2010  for  certain  fish  stocks  in  the 
Black Sea and the specific conditions under which such fishing opportunities may be used. 

Article 2 
Scope 

This  Regulation  shall  apply  to  Community  fishing  vessels  (Community  vessels) 

1. 
operating in the Black Sea. 

2. 
By  way  of  derogation  from  paragraph  1,  this  Regulation  shall  not  apply  to  fishing 
operations conducted solely for the purpose of scientific investigations which are carried out 
with the permission and under the authority of the Member State concerned and of which the 
Commission  and  the  Member  State  in  the  waters  of  which  the  research  is  carried  out  have 
been informed in advance. 

Article 3 
Definitions 

In addition to the definitions laid down in Article 3 of Regulation (EC) No 2371/2002, for the 
purposes of this Regulation the following definitions shall apply: 

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OJ L 261, 20.10.1993, p. 1 
OJ L 125, 27.4.1998, p. 1 
OJ L 151, 11.6.2008, p. 5 

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(a) 

"GFCM" shall mean General Fisheries Commission for the Mediterranean; 

“Black  Sea”  shall  mean  the  GFCM  geographical  sub-area  as  defined  in  resolution 

(b) 
GFCM/31/2007/2; 

"total  allowable  catch  (TAC)"  means  the  quantity  that  can  be  taken  from  each  stock 

(c) 
each year; 

“quota” shall mean a proportion of the TAC allocated to the Community, a Member 

(d) 
State or a third country. 

CHAPTER II 
Fishing opportunities and the conditions relating thereto 

Article 4 
Catch limits and allocations 

The  catch  limits,  the  allocation  of  such  limits  among  Member  States,  and  the  additional 
conditions applicable pursuant to Article 2 of Regulation (EC) No 847/96 are set out in Annex 
I to this Regulation. 

Article 5 
Special provisions on allocations 

The  allocation  of  catch  limits  among  Member  States  as  set  out  in  Annex  I  shall  be  without 
prejudice to: 

1) 

exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002; 

reallocations  made  pursuant  to  Articles 21(4),  23(1)  and  32(2)  of  Regulation (EEC) 

2) 
No 2847/93 and the second subparagraph of Article 23(4) of Regulation (EC) No 2371/2002; 

3) 

additional landings allowed under Article 3 of Regulation (EC) No 847/96; 

deductions  made  pursuant  to  Article 5  of  Regulation (EC)  No 847/96  and  the  first 

4) 
subparagraph of Article 23(4) of Regulation (EC) No 2371/2002. 

Article 6 
Conditions for catches and by-catches 

1. 
Fish from stocks for which catch limits are fixed shall be retained on board or landed 
only if the catches have been taken by fishing vessels of a Member State with a quota and the 
quota has not been exhausted. 

All  landings  shall  count  against  the  quota  or,  if  the  Community  share  has  not  been 

2. 
allocated among Member States by quotas, against the Community share. 

Article 7 
Prohibition of high-grading 

Any  species  subject  to  quota  which  is  caught  during  fishing  operations  shall  be  brought 
aboard  the  vessel  and  subsequently  landed  unless  this  would  be  contrary  to  obligations  laid 
down  in  Community  fisheries  legislation  establishing  technical,  control,  and  conservation 
measures,  and  in  particular  in  this  Regulation,  in  Regulation  (EEC)  No 2847/93,  and  in 
Regulation (EC) No 2371/2002. 

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Article 8 
Transitional technical measures 

The transitional technical measures shall be as set out in Annex II. 

CHAPTER III 
Final provisions 

Article 9 
Data transmission 

When Member States send data to the Commission relating to landings of quantities of stocks 
caught  pursuant  to  Article  15(1)  of  Regulation (EEC)  No 2847/93,  they  shall  use  the  stock 
codes set out in Annex I to this Regulation. 

Article 10 
Entry into force 

This Regulation shall enter into force on the day of its publication in the Official Journal of 
the European Union. 

It shall apply from 1 January 2010. 

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 

Catch limits and the conditions relating thereto for year-to-year management of catch limits 
applicable to Community vessels in areas where catch limits have been fixed 

The following tables set out the TAC's and quotas (in tonnes live weight, except where otherwise 
specified) by stock, the allocation to the Member States and associated conditions for year-to-year 
management of the quotas. 

Within each area, fish stocks are referred to following the alphabetical order of the Latin names of 
the species. For the purposes of these tables the codes used for the different species are as follows: 

Scientific name  

Alpha-3 code 

Common name  

Psetta maxima 

Sprattus sprattus 

TUR 

SPR 

Turbot 

Sprat 

Species: 

Bulgaria 
Romania 

EC 

TAC 

Turbot 

Psetta maxima 

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Zone: 

Black Sea 

Precautionary TAC 

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

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

Not relevant 

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

Species: 

Sprat 

Zone: 

Black Sea 

Sprattus sprattus 

Precautionary TAC 

EC 

TAC 

12750 (1) 

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

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

Not relevant 

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

(1) 

May only be fished by vessels flying the flag of Bulgaria or Romania. 

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ANNEX II 

TRANSITIONAL TECHNICAL MEASURES 

No  fishing  activity  for  turbot  shall  be  permitted  from  15  April  to  15  June  in  the 

1. 
European Community waters of the Black Sea. 

The  minimum  legal  mesh  size  for  bottom-set  nets  used  to  catch  turbot  should  be  no 

2. 
less than 400 mm. 

The  minimum  landing  size  for  turbot  shall  be  45  cm  total  length,  measured  in 

3. 
accordance with Article 18 of Regulation (EC) No 850/98. 

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