Proposal for a Council Regulation (EU) No …/… of […] establishing the fishing opportunities for Anchovy in the Bay of Biscay for the 2010-2011 fishing season and amending Regulation (EU) No 53/2010
Date: 2010-07-07
Institutions: European Commission
Subjects: Atlantic Ocean, France, Spain, authorised catch, fishery management, fishery resources, fishing regulations, fishing rights

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 EUROPEAN COMMISSION 

Brussels, 7.7.2010 
COM(2010)374 final 

2010/0200 (NLE) 

Proposal for a 

COUNCIL REGULATION (EU) No …/… 

of […] 

establishing the fishing opportunities for Anchovy in the Bay of Biscay for the 2010-2011 
fishing season and amending Regulation (EU) No 53/2010  

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EXPLANATORY MEMORANDUM 

For  the  year  2010,  Council  Regulation  (EU)  No  53/20101  fixes  a  TAC  for  the  stock  of 
anchovy in the Bay of Biscay of 7000 tonnes and empowers the Commission to amend this 
TAC in the light of the scientific information collected during the first half of 2010. 

Having  regard  to  the  objectives  of  the  Common  Fisheries  Policy,  laid  down  in  Council 
Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and  sustainable 
exploitation of fisheries resources under the Common Fisheries Policy, fishing opportunities 
should be established on the basis of the available scientific advice and by taking into account 
the  biological  and  socio-economic  aspects  whilst  ensuring  fair  treatment  between  fishing 
sectors.  

For  the  anchovy  stock  in  the  Bay  of  Biscay,  the  advice  from  the  Scientific,  Technical  and 
Economic  Committee  for  Fisheries  (STECF)  of  [..]  July  2010  is  based  on  a  fishing  season 
running from 1 July 2010 until 30 June 2011.  

In view of this advice and for the purposes of suitable stock management and simplification, it 
is  appropriate  to  establish  a  new  TAC  and  quotas  for  this  stock  in  line  with  the 
aforementioned management period. Considering that the empowerment for the Commission 
to adapt the catch limits for this stock in the light of the scientific advice is limited to 2010 
only,  it  is  therefore  appropriate  for  the  Council  to  establish  this  new  TAC  by  way  of  a 
separate regulation and to amend Regulation (EU) No 53/2010 accordingly.  

The advice from the STECF estimates the stock biomass to be approximately 51 350 tonnes. 
Having  regard  to  the  Commission  proposal  of  29  July  2009  for  a  Regulation  establishing  a 
long-term  plan  for  the  anchovy  stock  in  the  Bay  of  Biscay  and  the  fisheries  exploiting  that 
stock2  and  considering  that  the  impact  assessment  underlying  that  proposal  provides  for  the 
most recent assessment of impact of decisions on the fishing opportunities for this stock, it is 
appropriate  to  fix  a  TAC  for  this  stock  in  accordance  with  the  harvest  rule  set  out  in  the 
proposal.  Consequently,  the  TAC  for  the  fishing  season  from  1  July  2010  to  30  June  2011 
should be established at 15 600 tonnes. 

In  accordance  with  Article  2  of  Regulation  (EC)  No  847/96  of  6  May  1996  introducing 
additional  conditions  for  year-to-year  management  of  TACs  and  quotas3,  it  is  necessary  to 
establish to what extent the stock of anchovy in the Bay of Biscay is subject to the measures 
therein. 

The  Council  is  requested  to  adopt  this  proposal  as  soon  as  possible  in  order  to  allow 
fishermen to plan their activities for the new fishing season. 

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OJ L 21, 26.1.2010, p. 1. 
COM(2009)399final 
OJ L 115, 9.5.1996, p. 3. 

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2010/0200 (NLE) 

Proposal for a 

COUNCIL REGULATION (EU) No …/… 

of […] 

establishing the fishing opportunities for Anchovy in the Bay of Biscay for the 2010-2011 
fishing season and amending Regulation (EU) No 53/2010  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

It  is  incumbent  upon  the  Council  to  establish  the  total  allowable  catches  (TAC)  by 
fishery  or  group  of  fisheries.  Fishing  opportunities  should  be  distributed  among 
Member States in such a way as to assure the relative stability of each Member State's 
fishing activities for all stocks or fisheries and having due regard to the objectives of 
the Common Fisheries Policy established in Council Regulation (EC) No 2371/2002 
of  20  December  2002  on  the  conservation  and  sustainable  exploitation  of  fisheries 
resources under the Common Fisheries Policy4.  

Council  Regulation  (EU)  No  53/20105  fixed  the  fishing  opportunities  for  2010  for 
certain fish stocks including for the stock of anchovy in the Bay of Biscay (ICES Zone 
VIII).  

The  new  TAC  should  be  established  on  the  basis  of  the  available  scientific  advice, 
taking  into  account  the  biological  and  socio-economic  aspects  and  ensuring  fair 
treatment  between  fishing  sectors.  For  the  anchovy  stock  in  the  Bay  of  Biscay,  the 
advice from the Scientific, Technical and Economic Committee for Fisheries (STECF) 
of [..] July 2010, is based on a fishing season running from 1 July each year until 30 
June of the following year.  

(4) 

For the purposes of suitable stock management and simplification, it is appropriate to 
set  a  new  TAC  for  this  stock  as  well  as  the  Member  States  quotas  in  line  with  the 
management period mentioned in point 3.  

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OJ L 358, 31.12.2002, p. 59. 
OJ L 21, 26.1.2010, p. 1. 

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(5) 

(6) 

(7) 

(8) 

To  provide  for  a  multiannual  plan  for  this  stock  covering  the  fishing  season  and 
establishing  the  harvest  rule  applying  for  the  fixing  of  fishing  opportunities,  the 
Commission  presented  on  29  July  2009  a  proposal  for  a  Regulation  establishing  a 
long-term plan for the anchovy stock in the Bay of Biscay and the fisheries exploiting 
that  stock6.  The  advice  from  the  STECF  estimates  the  stock  biomass  to  be 
approximately  51  350  tonnes.  Having  regard  to  the  Commission  proposal  and 
considering that the impact assessment underlying that proposal provides for the most 
recent assessment of the impact of decisions on the fishing opportunities for this stock, 
it is appropriate to fix a TAC for this stock in accordance with the harvest rule set out 
in  the  proposal.  Consequently,  the  TAC  for  the  fishing  season  running  from  1  July 
2010 to 30 June 2011 should be established at 15 600 tonnes. 

In view of the specific scope and time of application, it is appropriate to establish the 
fishing opportunities by way of a separate Regulation and to amend Regulation (EU) 
No 53/2010 accordingly. The fishery should nevertheless remain subject to the general 
provisions of the latter Regulation concerning the conditions for the use of the quota. 

In accordance with Article 2 of Regulation (EC) No 847/96 of 6 May 1996 introducing 
additional  conditions  for  year-to-year  management  of  TACs  and  quotas7,  it  is 
necessary  to  establish  to  what  extent  the  stock  of  anchovy  in  the  Bay  of  Biscay  is 
subject to the measures therein. 

In view of the start of this fishing season and for the purpose of the annual reporting of 
catches, this Regulation shall enter into force immediately and apply from 1 July 2010. 
For  that  same  purpose,  the  amendment  of  the  fishing  opportunities  established  by 
Regulation (EU) No 53/2010 shall apply from 1 January 2010, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Fishing opportunities for Anchovy in the Bay of Biscay 

1. 

The  total  allowable  catch  (TAC)  and  its  allocation  between  Member  States  for  the 
period from 1 July 2010 until 30 June 2011 for the stock of anchovy in ICES Zone 
VIII  as  defined  in  Regulation  (EC)  No  218/2009  shall  be  as  follows  (expressed  in 
tonnes live weight): 

Species: 

Anchovy 

ICES Zone: 

VIII 

Engraulis encrasicolus 

(ANE/08.) 

Analytical TAC 

Spain 

France 

EU 

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COM(2009)399final 
OJ L 115, 9.5.1996, p. 3. 

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14 040

1 560 

15 600 

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TAC 

15 600 

2. 

3. 

The  allocation  of  the  fishing  opportunities  as  set  out  in  paragraph  1  and  the  use 
thereof shall be subject to the conditions set out Articles 7, 10 and 13 of Regulation 
(EU) No 53/2010. 

The stock referred to in paragraph 1 shall be considered subject to an analytical TAC 
for  the  purpose  of  Regulation  (EC)  No  847/96.  Articles  3(2)  and  (3)  and  4  of  that 
Regulation shall apply.  

Article 2 

Amendment to Regulation (EU) No 53/2010 

In Annex IA to Regulation (EU) No 53/2010 the entry for the species anchovy in zone VIII is 
replaced by the following:  

"Species: 

Anchovy 

Zone: 

VIII 

Engraulis encrasicolus 

(ANE/08.) 

Spain 

France 

EU 

TAC 

Analytical TAC 

6 300 

700 

7 000 

7 000 

(1)" 

(1) 

TAC applicable from 1 January to 30 June 2010." 

Article 3 

Entry into force 

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

It  shall  apply  from  1  July  2010,  with  the  exception  of  Article  2,  which  shall  apply  from  1 
January 2010. 

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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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