Proposal for a COUNCIL REGULATION fixing for 2011 and 2012 the fishing opportunities for EU vessels  for certain deep-sea fish stocks
Date: 2010-10-06
Institutions: European Commission
Subjects: catch quota, common fisheries policy, fishery management, fishery resources, fishing area, fishing controls, fishing regulations, sea fish

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EUROPEAN COMMISSION 

Brussels, 6.10.2010 
COM(2010) 545 final 

2010/0284 (NLE) 

Proposal for a 

COUNCIL REGULATION 

fixing for 2011 and 2012 the fishing opportunities for EU vessels  
for certain deep-sea fish stocks 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

Deep-sea stocks are fish  stocks caught in waters beyond the main fishing grounds of 
continental  shelves.  They  are  distributed  on  the  continental  slopes  or  associated  with 
seamounts.  These  species  are  slow-growing  and  long-lived,  which  makes  them 
particularly  vulnerable  to  fishing  activity.  Scientific  knowledge  on  the  longevity  and 
growth of these species is slowly improving, and suggests that some species like blue 
ling and black scabbardfish grow faster and live shorter than others like orange roughy, 
deep-sea  sharks  and  roundnose  grenadier,  and  are  thus  less  vulnerable  to  fishing 
activity.  The  vulnerability  to  fishing  also  depends  on  whether  the  species  can  be 
targeted  in  local  aggregations,  which  is  the  case  for  orange  roughy,  blue  ling  and 
alfonsinos.  

Like is the case for all wild fish stocks, leaving deep-sea fisheries unrestricted leads to 
a  race  by  fishing  undertakings  to  take  possession  of  a  free  resource,  without  having 
sufficient regard to the sustainable level of exploitation. This has been clearly the case 
for  some  deep-sea  species  before  regulation  by  the  European  Union  commenced  in 
2003.  For  example,  the  valuable  orange  roughy  species  in  north-western  waters  is 
considered  depleted,  as  well  as  the  valuable  red  seabream  in  the  Bay  of  Biscay. 
Therefore,  limiting  the  fishing  activity  is  a  necessary  public  intervention  in  order  to 
prevent the erosion of income for fishing undertakings, to develop exploitation towards 
higher long-term yields, and to reduce the impact on the ecosystem and foodweb as a 
consequence of sudden reductions in the size of certain fish populations. Last, this will 
also  help  to  secure  a  more  stable  provision  of  high-value  protein  to  the  consumers, 
although  this  aspect  is  of  less  importance  with  regard  to  deep-sea  species,  as  they 
represent  only  a  very  small  portion  of  fish  landed  in  the  EU.  In  the  case  of  deep-sea 
species,  the  public  intervention  is  of  particular  importance  due  to  the  fact  that  the 
recovery from depletion of slow-growing stocks might take a very long time or might 
even fail. The need for establishing fishing opportunities is reflected in Article 43(3) of 
the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU)  which  obliges  the 
Council to do so. 

The  International  Council  for  the  Exploration  of  the  Sea  (ICES)  provides  a  thorough 
review  of  the  biological  status  of  deep  sea  stocks  every  two  years.  The  latest  advice 
was given in June 2010. This proposal for fixing fishing opportunities is based on the 
further  review  undertaken  by  the  Scientific,  Technical  and  Economic  Committee  for 
Fisheries (STECF) in July 2010, following the work of ICES. It is thus observing the 
need to base decision-making on sound scientific advice as requested by Article 2(2) b) 
of Regulation (EC) No 2371/2002. 

The  scientific  bodies  advise  consistently  that  the  best  management  tool  in  deep-sea 
fisheries  would  be  limitations  of  fishing  effort.  This  is  due  to  the  fact  that  deep-sea 
species are caught in mixed fishery conditions, that the fishing activity is not selective, 
and  that  considerable  amounts  of  fish  are  thrown  over  board  as  they  have  no  or  no 
sufficient  commercial  value.  Catch  limits  are  nevertheless  considered  a  useful 
complementary measure, and it is possible to link them with modalities on the use of 

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these fishing opportunities if in the absence of these modalities the catch levels could 
not  be  justified.  The  Commission  has  therefore  established  the  practice  of  tabling 
proposals for fishing opportunities regulation at the pace that scientific advice becomes 
available. In addition, the Commission is reviewing in 2010 the general access regime 
to  deep-sea  stocks  (Council  Regulation  (EC)  No  2347/2002)  with  the  aim  of 
developing  fishing  effort  restrictions  and  technical  measures  that  correspond  with 
discrete fishing metiers. Currently, fishing effort is limited globally for the North-East 
Atlantic,  without  discrimination  between  the  various  fisheries  (see  Article  9(3)  of 
Council Regulation (EC) No 53/2010). 

•  General context 

Fishing for deep-sea species is regulated by the European Union since 2003 in terms of 
total allowable catches (TACs) per species and area, and in terms of maximum fishing 
effort  deployable  in  the  North-East  Atlantic.  For  2009  and  2010  the  total  allowable 
catches  of  certain  deep  sea  species  were  established  in  Council  Regulation  (EC)  No 
1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for 
Community fishing vessels for certain deep-sea fish stocks1. 

Available information on deep-sea stocks does not allow scientists to fully assess the 
stock status, neither in terms of population size nor fishing mortality. There are several 
reasons  for  this,  which  hamper  progress  permanently:  These  species  are  often  very 
long-lived  and  slow-growing,  making  it  impossible  to  structure  the  stock  into  age 
classes and to assess the effect of fishing on the stock through changes in the length or 
age structure of catches. The frequency of recruitment of young fish to the stocks is not 
known.  The  stocks  are  widely  distributed  in  depths  that  are  difficult  to  examine  for 
practical  reasons.  Data  from  scientific  surveys  are  often  not  available  due  to  the 
reduced commercial importance of these stocks, or do not cover the whole distribution 
area.  Fishing  activities  are  only  partly  focusing  on  these  species  and  some  have  a 
relatively short history. 

Consequently,  progress  in  scientific  knowledge  is  slow.  It  relies  on  a  precautionary 
approach to fisheries management, the basis of which are trends that can be observed 
in abundance indices. 

The  fixing  and  sharing  of  possibilities  for  fishing  falls  exclusively  within  the 
competence of the Union. The obligations concerning sustainable exploitation of living 
aquatic  resources  are  set  out  in  Article  2  of  Regulation  (EC)  No  2371/2002.  Such 
fishing opportunities should be in accordance with international agreements, inter alia 
the  1995  United  Nations  agreement  concerning  the  conservation  and  management  of 
straddling  fish  stocks  and  highly  migratory  fish  stocks  [hereinafter:  1995  UN  Fish 
stocks  agreement].  In  particular,  the  regulator  needs  to  be  more  cautious  when 
information is uncertain, unreliable or inadequate. Pursuant to Article 6(2) of the 1995 
UN Fish Stocks Agreement the absence of adequate scientific information is not to be 
used  as  a  reason  for  postponing  or  failing  to  take  conservation  and  management 
measures. 

The TAC adjustments foreseen in this proposal correspond to the scientific advice and 

1 

OJ L 352, 31.12.2008, p. 1. 

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reflect  the  management  principles  laid  down  in  the  1995  UN  Fish  stocks  agreement 
and the 2008 International Guidelines for the Management of Deep-sea Fisheries in the 
High Seas of the Food and Agriculture Organisation of the United Nations, which were 
confirmed  recently  by  the  UN  General  Assembly  (Resolution  64/72  of  December 
2009).  

While  a  number  of  deep-sea  stocks  are  exploited  also  by  other  fishing  nations,  in 
particular Norway, Iceland, the  Faroese and  Russia, and  while  it  is necessary to seek 
agreement  on  harmonised  management  measures  together  with  those  fishing  nations 
or, as far as stocks inhabit international waters, within the North-East Atlantic Fisheries 
Commission  (NEAFC),  unilateral  measures  applicable  to  vessels  of  the  European 
Union  are  needed  until  those  agreements  are  reached,  in  order  to  avoid  the  negative 
consequences of unregulated fisheries as described above.  

•  Existing provisions in the area of the proposal 

The  existing  provisions  in  the  area  of  the  proposal  are  established  in  Council 
Regulation  (EC)  No  1359/2008  and  applicable  until  31  December  2010.  They  are 
linked  to  the  Council  Regulation  (EC)  No  2347/2002  of  16  December  2002 
establishing  specific  access  requirements  and  associated  conditions  applicable  to 
fishing for deep-sea stocks2 where the commercially most important deep-sea species 
for which the Commission seeks to have catch limitations are listed  (Annex  I of that 
Regulation). 

The  fishing  opportunities  for  deep-sea  species  are  decided  on  a  bi-annual  basis 
according  to  the  rhythm  of  scientific  stock  assessments  that  are  based  on  thorough 
reviews. Nevertheless, an exception is made for the stocks of greater silver smelt and 
the main fishery of blue ling for which the fishing opportunities depend on the outcome 
of  the  annual  negotiations  with  Norway.  The  fishing  opportunities  for  those  stocks 
therefore  remain  to  be  established  in  the  annual  fishing  opportunities  regulation 
decided by the Council in December. The regulation in force in 2010 for these stocks is 
Council Regulation (EC) No 53/2010. 

•  Consistency with other policies and objectives of the Union 

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

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The  proposal  takes  into  account  consultations  held  with  the  Advisory  Committee  on 
Fisheries  and  Aquaculture  ('ACFA'  is  composed  of  representatives  from  professional 
organisations  representing  the  production  sector,  the  processing  industry  and  trade  in 
fishery and aquaculture products as well as non-professional organisations representing 

2 

OJ L 351, 28.12.2002, p. 6. 

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the  interests  of  consumers,  the  environment  and  development),  and  the  Regional 
Advisory Councils (RACs) with an interest in the fisheries concerned by the proposal. 
These  consultations  have  taken  place  on  the  basis  of  the  Communication  from  the 
Commission  on 
improving  consultation  on  Community  fisheries  management 
(COM(2006)246final),  which  sets  out  the  principles  for  the  so  called  front-loading 
process,  and  on  the  Communication  from  the  Commission  on  the  Consultation  on 
Fishing  Opportunities  for  2011  (COM(2010)241final),  in  which  the  Commission 
explained  its  views  and  intentions  concerning  its  2011  proposals  for  fishing 
opportunities.  

Summary of responses and how they have been taken into account 

RACs underline the need to ensure that any changes in the annual fishing opportunities 
are gradual, in order to minimise short-term disruption to the economic activity. They 
are  worried  about  the  uncertainty  in  the  scientific  advice  and  would  like  to  see  the 
information  base  improving  and  methods  of  data  gathering  harmonised.  While  they 
accept the need to protect specifically vulnerable species from depletion, they are not 
supportive  of  reductions  in  catch  limits  were  this  would  lead  to  higher  discards  in 
mixed  fisheries.  Rather,  they  expect  management  to  regulate  mixed  fisheries  in  an 
inclusive approach, including by-catch allowances for the most vulnerable species, and 
accept  that  setting  effort  limits  to  distinct  fisheries  could  be  a  reasonable  approach, 
together  with  technical  measures  like  selectivity  improvements.  RACs  stress  that 
fishing pressure has been reduced considerably since the introduction of management 
measures  in  2003,  and  point  out  that  neighbouring  states  need  to  adopt  similar 
management  approaches  in  order  to  keep  a  level  playing  field.  RACs  underline  that 
more effort should be put on the protection of vulnerable deep-sea habitats, as well as 
on the avoidance of areas where juvenile fish is most abundant. They put forward that 
certain  traditional  fisheries  have  shown  to  be  sustainable  as  they  are  existing  since 
centuries.  Parts  of  the  RACs  also  are  keen  to  see  management  reacting  to  positive 
signals  coming  from  certain  stocks,  in  particular  where  commercial  fishing  vessels 
have contributed to the improvement of scientific information. Other parts of the RACs 
would  like  to  see  fishing  opportunities  phased  out  were  there  is  no  stock  assessment 
coming up soon. 

The  principle  of  gradual  adjustment  and  limitation  of  annual  changes  in  fishery 
possibilities  has  been  incorporated  into  the  proposal.  No  changes  are  proposed  that 
would show an annual increase or decrease of fishing opportunities of more than 15% 
vis-à-vis the status quo situation of 2010. The only exception to this rule is the deep-
sea sharks. While the TAC does formally not  deviate  from  the  zero  TAC  established 
for 2010, the prohibition of by-catches will in reality result in a decrease of permitted 
landings of 100%. The Commission is pursuing a shark protection policy as announced 
the  Conservation  and 
in 
Management  of  Sharks  (COM(2009)40  final).  The  prohibition  of  by-catches  should 
encourage fishermen to cooperate in designating areas of higher shark abundance and 
of improving gear selectivity. Once those measures are in place, landing allowances for 
inevitable by—catch could be granted. 

its  Communication  on  an  Action  Plan 

for 

The  Commission  is  working  on  a  new  framework  regulation  on  access  to  deep-sea 
fisheries  in  2010  that  should  in  the  medium  term  introduce  effort  management  by 
fishery/metier. 

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The  Commission  is  aware  of  the  problem  of  by-catches  in  mixed  fisheries  and 
encourages  Member  States  and  fishing  undertakings  to  develop  fishing  practices  that 
reduce  by-catches.  The  Commission  studies  the  possibility  of  earmarking  financial 
means for projects that intend to reduce by-catch in deep-sea fisheries in 2011. Once 
the  levels  of  inevitable  by-catches  of  specifically  vulnerably  species  in  the  different 
metiers are established, those could be translated into by-catch fishing opportunities. A 
number of TACs already represent by-catch amounts. 

The Commission continues its efforts to designate areas of restricted fishing to protect 
highly diverse habitats, be it following scientific advice from its main advisory bodies 
or accompanying Member States in setting up special areas of conservation.  

The Commission shares the view that the unilateral approach adopted in this proposal 
needs to be used to persuade neighbouring states to pursue responsible management of 
deep-sea fisheries, and follows this task in annual negotiation rounds at bilateral level 
and within NEAFC. It is to be noted that the exploitation of deep-sea species is only 
one of a number of issues that need to be addressed with northern fishing nations. 

The Commission has developed and is testing a management framework that responds 
to trends in stock indices also in the absence of conclusive scientific advice. With the 
evolution  of  the  large  research  project  DEEPFISHMAN,  financed  under  the  7th 
Framework Programme, the Commission expects to be able to develop this further for 
deep-sea fisheries. 

The  Commission  has  encouraged,  including  through  the  financing  of  studies,  the 
cooperation  of  fishermen  with  scientific  institutes  with  a  view  to  improving  mutual 
understanding  and  exploiting  information  available  from  commercial  fisheries  for 
scientific advice. Improving the administrative data collection is sought in the context 
of the new framework regulation on access to deep-sea fisheries. 

•  Collection and use of expertise 

Fisheries  biology  and  fisheries  economics  are  the  scientific/expertise  domains 
concerned.  The  Commission  consulted  ICES,  an  international  independent  scientific 
body, and organised the plenary meeting of the STECF. Advice from ICES is based on 
an  advice  framework  developed  within  ICES  and  used  in  accordance  with  requests 
from  their  clients,  to  which  belongs  the  Commission.  The  STECF  gives  its  advice 
following terms of reference that it receives from the Commission. All STECF reports 
are  available,  after  formal  adoption  by  the  Commission,  on  its  website.  All  ICES 
reports are available on its website 

For all the stock covered by this proposal, there are insufficient data to demonstrate the 
sustainability  of  the  fisheries.  The  scientific  advice  of  2010  largely  repeats  previous 
advice  established  in  2008  or  before.  Given  that  the  advice  framework  is  geared 
towards  maximum  sustainable  yield,  and  in  view  of  the  fact  that  the  level  of 
exploitation  of  deep-sea  species  providing  this  yield  is  unknown,  the  scientists  in 
general  recommend  reducing  the  catches  from  recent  levels  until  signs  of  population 
increase come from the stocks. In case were exploitation levels over a series of years 
do  not  seem  to  have  had  a  detrimental  effect  on  the  stocks,  ICES  advises  that  the 
fishery  could  be  kept  stable.  In  other  cases,  ICES  advises  that  the  fishery  should  not 
expand  or  catches  should  be  brought  back  to  levels  before  the  expansion  of  fishing 

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activity.  ICES  underlines  the  need  to  protect  spawning  aggregations  from  sequential 
depletion.  

After  a  considerable  decline  in  fishing  opportunities  since  2003,  the  proposal's  catch 
limits  for  the  second  year  (2012)  broadly  coincide  with  the  levels  of  precautionary 
catch  advised  by  the  scientists.  Where  advice  is  unchanged  vis-à-vis  2008,  this 
proposal builds on the previous regulation on fishing opportunities for 2009 and 2010 
which  foresaw  staggering  the  necessary  reductions  of  fishing  opportunities  over  a 
period of four years. 

Where important parts of the advised catch are made by non-Member States, this has 
been taken into account and the advice has been applied to EU fisheries according to 
their development. 

Some data series suggest that fisheries have already stabilised at very low levels or are 
about to do so, and there are indeed also signals of abundance increases having started. 
Taking  also  into  account  recent  information  on  the  variable  growth  characteristics  of 
different  deep-sea  species,  it  appears  possible  that  the  stocks  which  are  left  as  target 
species  after  consecutive  reductions  of  fishing  opportunities  could  be  exploited 
biologically and economically sustainably in the future. However, problems associated 
with  this  fishing  activity,  in  particular  discards/by-catches  and  interference  with 
vulnerable marine habitats, need to be addressed for rendering the activity ecologically 
sustainable as well. Management might thus focus in the future on keeping the fisheries 
stable,  where  possible,  and  develop  technical  measures  and  encourage  fishing 
strategies  that  mitigate  negative  effects  on  vulnerable  marine  ecosystems  and  reduce 
discards.  

The mixed nature of many deep-sea fisheries is also taken into account. Existing quotas 
that  are  small  and  intended  to  cover  inevitable  by-catches  are  maintained  in  order  to 
avoid creating an obligation to discard. 

With regard to deep-sea sharks and orange roughy, the Commission follows a policy of 
zero TAC. For deep-sea sharks, which are not yet distinguished by species in the TAC, 
the prohibition of fishing follows from the advice that the main commercial species of 
this  family  are  considered  depleted.  For  orange  roughy,  scientific  bodies  advise  that 
there  should  be  no  fishing  in  any  of  the  TAC  areas.  The  protection  area  for  orange 
roughy  in  ICES  Divisions  VI  and  VII  which  was  introduced  in  Council  Regulation 
(EC)  No  2270/2004  of  22  December  2004  fixing  for  2005  and  2006  the  fishing 
opportunities  and  continued  to  apply  under  Regulation  (EC)  No  1359/2008,  is  no 
longer adequate as a modality of the catch limits for orange roughy, in view of the fact 
that no orange roughy should be caught from any area.  

•  Impact assessment 

Fishing opportunities have to be put in place as required by Article 43(3) TFEU. The 
proposed  measures  will,  if  implemented,  result  in  an  overall  reduction  in  fishing 
opportunities  for  EU  vessels.  These  would  partly  result  in  reduced  catches,  which  is 
expected in cases where the new limits of catches will meet or fall below recent real 
catches.  

The  proposal  does  not  only  concern  short-term  decisions  but  is  also  part  of  a  longer 

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term  approach  whereby  the  level  of  fishing  is  gradually  reduced  to  long-term 
sustainable levels. The approach taken in the proposal will in the short-term result in 
reduced  TACs  but,  as  the  overexploited  stocks  recover,  the  fishing  opportunities 
should be stable or increase, depending on the precautionary advice. The medium- to 
long-term  consequences  of  the  approach  are  predicted  to  be  a  reduced  impact  on  the 
environment as a consequence of the decline in fishing effort, reductions in the number 
of vessels and/or in the average fishing effort per vessel, and unchanged or increased 
landings  of  those  species  that  will  have  shown  to  sustain  continuous  fishing  activity. 
The reduction achieved in fishing effort and fleet size dedicated to deep-sea fisheries 
since 2003 shows that this policy is being implemented in practice. Some first positive 
signals  from  the  stock  indices  confirm  that  the  expectations  of  the  medium-  to  long 
term consequences are still valid. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The  proposal  establishes,  by  way  of  a  Regulation,  for  fishing  fleets  of  the  European 
Union  the  catch  limitations  for  the  commercially  most  important  deep-sea  species  in 
EU  and  international  waters  of  the  North-East  Atlantic,  in  order  to  achieve  the 
objective  of  the  Common  Fisheries  Policy  of  ensuring  fisheries  at  levels  that  are 
biologically, economically and socially sustainable. It is based on Article 43(3) TFEU. 
The  proposal  falls  under  the  Union  exclusive  competence  as  referred  to  in  Article 
3(1)(d) TFEU. The subsidiarity principle therefore does not apply. 

The proposal complies with the proportionality principle for the following reason: 

The Common Fisheries Policy is a common policy. According to Article 43(3) TFEU 
it is incumbent upon the Council to adopt the measures on the fixing and allocation of 
fishing opportunities.  

The Council Regulation in question allocates fishing opportunities to Member States. 
Having  regard to Article  20(3) of  Regulation (EC) No 2371/2002 Member States are 
free  to  allocate  such  opportunities  among  regions  or  operators  as  they  see  fit. 
Therefore, Member States have ample room for manoeuvre on decisions related to the 
social/economic model of their choice to exploit their allocated fishing opportunities. 

The proposal has no new financial implications for Member States. This Regulation is 
adopted by Council every two years, and the public and private means to implement it 
are already in place. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implications for the EU budget. 

5. 

ADDITIONAL INFORMATION 

•  Simplification 

The  proposal  does  in  general  neither  simplify  the  management  of  fishing  quotas,  nor 
does  it  complicate  it.  However,  the  rearrangement  of  TAC  areas  for  roundnose 
grenadier  should  simplify  the  management  of  the  fishery  concerned,  as  the  proposed 

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new main TAC cover the whole range of the main fishery. 

•  Review/revision/sunset clause 

The  proposal  concerns  a  biannual  regulation  for  the  years  2011  and  2012.  The 
management tools and levels of fishing opportunities will be reviewed during 2012 at 
the latest in order to prepare a successor regulation. A revision clause in this regulation 
is not necessary. 

•  Detailed explanation of the proposal 

The  TFEU  establishes  that  matters  falling  under  the  CFP  are  to  be  decided  by 
Parliament  and  Council  together  under  the  ordinary  legislative  procedure.  An 
exception  is  foreseen  in  Article  43(3)  TFEU  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 involving the Parliament. This proposal is 
therefore  limited  to  the  fixing  and  allocation  of  fishing  opportunities  and  conditions 
functionally linked to the use of those opportunities.  

As regards catch limitations, the proposal is in accordance with the principles for the so 
called  front-loading  process  which  are  set  out  in  the  Communication  from  the 
Commission  on 
improving  consultation  on  Community  fisheries  management 
(COM(2006)246final)  and  in  the  Communication  from  the  Commission  on  the 
Consultation  on  Fishing  Opportunities  for  2011  (COM(2010)241final),  which  set  out 
the  views  and  intentions  of  the  Commission  concerning  its  proposals  for  fishing 
opportunities,  pending  the  scientific  advice  on  the  state  of  the  stocks  for  2011.  In 
accordance with the latter Communication, deep-sea stocks fall into advice categories 
established for data-poor situations. The proposal follows the rules laid down therein. 
In particular, where advice is inconclusive, the TACs should be reduced towards recent 
real catch limits. The resulting new TAC levels are calculated using the catch figures 
reported by Member States to the Commission from 2007 to 2009. 

In accordance with the front-loading process, consultations of stakeholders (RACs and 
ACFA) and Member States have taken place in Summer of 2010. 

The proposal is furthermore in line with the Communication from the Commission on 
implementing  sustainability  in  EU  fisheries  through  maximum  sustainable  yield 
(COM(2006)360final).  The  concept  of  MSY  cannot  be  applied  directly  to  deep-sea 
stocks  due  to  lack  of  sufficient  knowledge  about  the  stock  sizes  and  age  structures. 
However,  following  the  precautionary  approach  to  fisheries  management  in  these 
circumstances  allows  keeping  the  possibilities  to  develop  management  towards  the 
MSY-framework once more information is available. 

Changes  to  the  TAC  areas  for  roundnose  grenadier  and  blue  ling  are  proposed  in 
accordance  with  the  scientific  recommendation  to  align  TAC  areas  with  assessment 
scientific 
so 
units, 
recommendations. 

that  management  decisions  can  more  easily 

reflect 

The proposal foresees to discontinue the prohibition to target orange roughy in certain 
areas  where  aggregations  of  this  species  could  be  found.  In  view  of  the  fact  that  the 
TAC for orange roughy is proposed at zero, orange roughy can no longer be fished in 

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any of the areas within the scope of this Regulation.  

EN 

10 

   EN 

2010/0284 (NLE) 

Proposal for a 

COUNCIL REGULATION 

fixing for 2011 and 2012 the fishing opportunities for EU vessels for certain deep-sea fish 
stocks  

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 Commission3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

According  to  Article 43(3)  of  the  Treaty,  the  Council,  on  a  proposal  from  the 
Commission,  shall  adopt  measures  on 
the  fixing  and  allocation  of  fishing 
opportunities. 

Regulation  (EC)  No 2371/2002  of  20 December  2002  on  the  conservation  and 
sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries  Policy4 
requires  the  Council  to  establish  measures  governing  access  to  waters  and  resources 
and the sustainable pursuit of fishing activities, taking into account available scientific, 
technical  and  economic  advice  and  in  particular  reports  drawn  up  by  the  Scientific, 
Technical and Economic Committee for Fisheries (STECF). 

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  each  Member  State's  relative  stability  of 
fishing activities for each stock or fishery and having due regard to the objectives of 
the  Common  Fisheries  Policy  established  by  Regulation  (EC)  No 2371/2002. 
Moreover,  in  order  for  the  fishing  opportunities  to  be  used  effectively,  certain 
conditions functionally linked to them should be fixed. 

The TACs 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. In this regard, it is necessary to take account of the 
opinions  expressed  during  the  consultation  of  stakeholders,  in  particular  those  of  the 
Advisory  Committee  for  Fisheries  and  Aquaculture  and  of  the  Regional  Advisory 
Councils concerned. 

3 
4 

OJ C […], […], p. […]. 
OJ L 358, 31.12.2002, p. 59. 

EN 

11 

   EN 

 
                                                 
(5) 

(6) 

(7) 

(8) 

Fishing  opportunities  should  be  in  accordance  with  international  agreements  and 
principles,  such  as  the  1995  United  Nations  agreement  concerning  the  conservation 
and  management  of  straddling  fish  stocks  and  highly  migratory  fish  stocks,  and  the 
detailed management principles laid down in the 2008 International Guidelines for the 
Management  of  Deep-sea  Fisheries  in  the  High  Seas  of  the  Food  and  Agriculture 
Organisation  of  the  United  Nations,  according  to  which,  in  particular,  a  regulator 
should be more cautious when information is uncertain, unreliable or inadequate. The 
absence of adequate scientific information is not be used as a reason for postponing or 
failing to take conservation and management measures.  

The  latest  scientific  advice  from  the  International  Council  for  the  Exploration  of  the 
Sea  (report  of  the  ICES  Advisory  Committee  on  widely  distributed  and  migratory 
stocks,  book  9,  June  2010)  and  from  the  STECF  (JRC  Scientific  and  Technical 
Reports,  Review  of  scientific  advice  for  2011  part  2,  July  2010)  indicates  that  most 
deep-sea  stocks  are  harvested  unsustainably,  and  that  fishing  opportunities  for  those 
stocks, in order to assure their sustainability, should be reduced until the evolution of 
the  stock  sizes  show  a  positive  trend.  The  ICES  has  further  advised  that  no  directed 
fishery should be allowed for orange roughy. 

Concerning deep sea sharks, the main commercial species are considered depleted, and 
therefore  no  directed  fishing should take place. Until the amount of unavoidable by-
catch will have been established by means of selectivity projects and  other technical 
measures, no by-catch should be allowed to be landed. 

The  fishing  opportunities  for  deep-sea  species  as  defined  in  Art.  2(a)  of  Council 
Regulation  (EC)  No  2347/2002  of  16  December  2002  establishing  specific  access 
requirements and associated conditions applicable to fishing for deep-sea stocks5 and 
listed in Annex I to that Regulation are decided on a bi-annual basis. Nevertheless, an 
exception  is  made  for  the  stocks  of  greater  silver  smelt  and  the  main  fishery  of  blue 
ling  for  which  the  fishing  opportunities  depend  on  the  outcome  of  the  annual 
negotiations  with  Norway.  The  fishing  possibilities  for  those  stocks  should  be 
established  in  the  annual  Regulation  fixing  the  fishing  opportunities  for  certain  fish 
stocks  and  groups  of  fish  stocks,  applicable  in  EU  waters  and,  for  EU  vessels,  in 
certain non EU waters. 

(9) 

In  accordance  with  Article  2  of  Council  Regulation  (EC)  No  847/96  of  6  May  1996 
introducing additional conditions for year-to-year management of TACs and quotas6, 
it  is  necessary  to  indicate  which  stocks  are  subject  to  the  various  measures  fixed 
therein, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Subject-matter 

5 
6 

OJ L 351, 28.12.2002, p. 6. 
OJ L 115, 9.5.1996, p. 3. 

EN 

12 

   EN 

                                                 
This Regulation fixes for the years 2011 and 2012 the annual fishing opportunities available 
to  EU  fishing  vessels  for  stocks  of  deep-sea  species  in  EU  waters  and  in  certain  non-EU 
waters where catch limitations are required, and the conditions functionally linked to the use 
of those fishing opportunities. 

Article 2 

Definitions 

For the purposes of this Regulation: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

‘EU vessels’ means a fishing vessel flying the flag of a Member State and registered 
in the Union; 

‘EU  waters’  means  the  waters  under  the  sovereignty  or  jurisdiction  of  the  Member 
States with the exception of waters adjacent to the territories mentioned in Annex II 
to the Treaty; 

‘total  allowable  catches’  (TAC)  means  the  quantity  that  can  be  taken  and  landed 
from each stock each year; 

‘quota’  means  a  proportion  of  the  TAC  allocated  to  the  Union,  Member  States  or 
third countries; 

‘international waters’ means waters falling outside the sovereignty or jurisdiction of 
any State; 

ICES (International Council for the Exploration of the Sea) zones are as defined in 
Regulation (EC) No 218/2009; 

CECAF  (Eastern  Central  Atlantic  or  FAO  major  fishing  zone  34)  zones  are  as 
defined in Regulation (EC) No 216/2009. 

Article 3 

Catch limits and allocations 

The catch limits for deep-sea species caught by EU vessels in EU waters and certain non-EU 
waters and the allocation of such catch limits among Member States are set out in the Annex. 

Article 4 

Special provisions on allocations 

The allocation of fishing opportunities among Member States provided for in the Annex shall 
be without prejudice to: 

(a) 

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

EN 

13 

   EN 

(b) 

(c) 

(d) 

(e) 

deductions  and  reallocations  made  pursuant  to  Article 37  of  Regulation  (EC) 
No 1224/2009 or pursuant to Article 10(4) of Regulation (EC) No 1006/2008; 

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

quantities withheld pursuant to with Article 4 of Regulation (EC) No 847/96; 

deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009. 

Article 5 

Relationship with Regulation (EC) No 847/96 

For the purposes of Regulation (EC) No 847/96, all quotas in the Annex shall be considered 
analytical quotas. 

Article 6 

Conditions for landing catch and by-catch 

Fish from stocks for which fishing opportunities are fixed by this Regulation may be retained 
on board or landed only if they were taken by vessels of a Member State which has a quota 
which is not exhausted. 

Article 7 

Entry into force 

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

It shall apply from 1 January 2011. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

EN 

14 

   EN 

 
 
 
The references to fishing zones are references to ICES zones, unless otherwise specified. 

ANNEX  

PART 1 

Definition of Species and Species Groups 

1. 

In  the  list  set  out  in  Part  2  of  this  Annex,  fish  stocks  are  referred  to  following  the 
alphabetical  order of  the  Latin names  of the species.  However,  deep-sea sharks are 
placed  at  the  beginning  of  that  list.  A  table  of  correspondences  of  common  names 
and Latin names is given below for the purposes of this Regulation: 

Common name 

Scientific name 

Black scabbardfish 

Aphanopus carbo 

Alfonsinos 

Beryx spp. 

Roundnose grenadier 

Coryphaenoides rupestris 

Orange roughy 

Blue ling 

Red seabream 

Forkbeards 

Hoplostethus atlanticus 

Molva dypterygia 

Pagellus bogaraveo 

Phycis blennoides 

2. 

For  the  purposes  of  this  Regulation,  ‘deep-sea  sharks’  means  the  following  list  of 
species: 

Common name 

Scientific name 

Iceland catshark 

Apristuris spp. 

Frilled shark 

Gulper shark 

Chlamydoselachus anguineus 

Centrophorus granulosus 

Leafscale gulper shark 

Centrophorus squamosus 

Portuguese dogfish 

Centroscymnus coelolepis 

Longnose velvet dogfish 

Centroscymnus crepidater 

Black dogfish 

Birdbeak dogfish 

Kitefin shark 

Centroscyllium fabricii 

Deania calceus 

Dalatias licha 

EN 

15 

   EN 

Greater lanternshark 

Etmopterus princeps 

Velvet belly 

Etmopterus spinax 

Blackmouth dogfish 

Galeus melastomus 

Mouse catshark 

Six-gilled shark 

Galeus murinus 

Hexanchus griseus 

Sailfin roughshark (Sharpback shark) 

Oxynotus paradoxus 

Knifetooth dogfish 

Scymnodon ringens 

Greenland shark 

Somniosus microcephalus 

EN 

16 

   EN 

 
 
 
 
 
PART 2 

Annual fishing opportunities applicable for EU vessels in areas where catch limitations 

exist by species and by area (in tonnes live weight) 

Species: 

Deep-sea sharks 

Zone: 

EU and international waters of V, VI, 
VII, VIII and IX (DWS/56789-) 

Year 

Germany 

Estonia 

Ireland 

Spain 

France 

Lithuania 

Poland 

Portugal 

United Kingdom 

EU 

TAC 

2011 

2012 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

Species: 

Deep-sea sharks 

Zone: 

EU and international waters of X 
(DWS/10-) 

Year 

Portugal 

EU 

TAC 

Species: 

Year 

2011 

2012 

0 

0 

0 

0 

0 

0 

Deep-sea sharks and Deania histricosa 
and Deania profondorum 

Zone: 

EU and international waters of XII 
(DWS/12-) 

2011 

2012 

EN 

17 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
Ireland 

Spain 

France 

United Kingdom 

EU 

TAC 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

Species: 

Black scabbardfish 

Aphanopus carbo 

Zone: 

EU and international waters of I, II, III 
and IV (BSF/1234-) 

2011 

2012 

Year 

Germany 

France 

United Kingdom 

EU 

TAC 

 4 

 4 

 4 

 12 

 12 

Species: 

Black scabbardfish 

Aphanopus carbo 

Year 

Germany 

Estonia 

Ireland 

Spain 

France 

Latvia 

Lithuania 

Poland 

2011 

 25 

 12 

 62 

 123 

1 732 

 80 

 1 

 1 

Zone: 

EU and international waters of V, VI, VII 
and XII (BSF/56712-) 

 3 

 3 

 3 

 9 

 9 

2012 

 23 

 11 

 57 

 114 

1 599 

 74 

 1 

 1 

EN 

18 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
United Kingdom 

Others(1) 

EU 

 123 

 6 

2 165 

 114 

 6 

2 000 

TAC 

2 165 

2 000 

(1) 

By-catches only. No directed fisheries are permitted under this quota. 

Species: 

Black scabbardfish 

Aphanopus carbo 

Zone: 

EU  and  international  waters  of  VIII,  IX 
and X (BSF/8910-) 

Year 

Spain 

France 

Portugal 

EU 

2011 

11 

 26 

3 311 

3 348 

2012 

 11 

 26 

3 311 

3 348 

TAC 

3 348 

3 348 

Species: 

Black scabbardfish 

Aphanopus carbo 

Zone: 

EU  and  international  waters  of  CECAF 
34.1.2. (BSF/C3412-) 

Year 

Portugal 

EU 

2011 

3 643 

3 643 

2012 

3 643 

3 643 

TAC 

3 643 

3 643 

Species: 

Alfonsinos 

Zone: 

EU and international waters of III, IV, V, 
VI,  VII,  VIII,  IX,  X,  XII  and  XIV 
(ALF/3X14-) 

Year 

Ireland 

2011 

 9 

2012 

 9 

EN 

19 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Spain 

France 

Portugal 

United Kingdom 

EU 

TAC 

 70 

 19 

 202 

 9 

 309 

 309 

 70 

 19 

 202 

 9 

 309 

 309 

Species: 

Roundnose grenadier 

Zone: 

EU  and  international  waters  of  I,  II  and 
IV (RNG/124-) 

Year 

Denmark 

Germany 

France 

United Kingdom 

EU 

TAC 

Coryphaenoides rupestris 

2011 

2012 

 2 

 2 

 9 

 2 

 15 

 15 

 1 

 1 

 10 

 1 

 13 

 13 

Species: 

Roundnose grenadier 

Zone: 

EU  and 
(RNG/03-) 

international  waters  of 

III 

Coryphaenoides rupestris 

Year 

Denmark 

Germany 

Sweden 

EU 

2011 

 804 

 5 

 41 

 850 

2012 

 804 

 5 

 41 

 850 

TAC 

 850 

 850 

EN 

20 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Roundnose grenadier 

Coryphaenoides rupestris 

Zone: 

EU  and  international  waters  of  Vb,  VI, 
VII, XIIb (RNG/5BX12B-) 

Year 

Germany 

Estonia 

Ireland 

Spain 

France 

Latvia 

Lithuania 

Poland 

United Kingdom 

Others(1) 

EU 

2011 

 19 

 41 

 189 

3 038 

2 380 

 51 

 59 

1 020 

 149 

 5 

6 951 

2012 

 16 

 36 

 163 

2 621 

2 055 

 44 

 51 

 880 

 129 

 5 

6 000 

TAC 

6 951 

6 000 

(1) 

By-catches only. No directed fisheries are permitted under this quota. 

Species: 

Roundnose grenadier 

Coryphaenoides rupestris 

Zone: 

EU  and  international  waters  of  VIII,  IX, 
X, XIIa, XIIc and XIV (RNG/8-14-) 

Year 

Germany 

Spain 

France 

EU 

2011 

 15 

 184 

 94 

 293 

2012 

 13 

 159 

 81 

 253 

TAC 

 293 

 253 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Orange roughy 

Zone: 

EU  and 
(ORY/06-) 

international  waters  of  VI 

Year 

Ireland 

Spain 

France 

United Kingdom 

EU 

TAC 

Hoplostethus atlanticus 

2011 

2012 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

Species: 

Orange roughy 

Zone: 

EU  and 
(ORY/07-) 

international  waters  of  VII 

Year 

Ireland 

Spain 

France 

United Kingdom 

Others 

EU 

TAC 

Hoplostethus atlanticus 

2011 

2012 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

Species: 

Orange roughy 

Zone: 

Year 

Ireland 

Spain 

France 

Hoplostethus atlanticus 

2011 

2012 

0 

0 

0 

0 

0 

0 

EU  and  international  waters  of  I,  II,  III, 
IV,  V,  VIII,  IX,  X,  XII  and  XIV 
(ORY/1CX14C) 

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Portugal 

United Kingdom 

EU 

TAC 

0 

0 

0 

0 

0 

0 

0 

0 

Species: 

Blue ling 

Molva dypterygia 

Zone: 

EU  and  international waters of  II  and  IV 
(BLI/24-) 

Year 

Denmark 

Germany 

Ireland 

France 

United Kingdom 

Others(1) 

EU 

TAC 

2011 

2012 

 4 

 4 

 4 

 25 

 15 

 4 

 56 

 56 

 4 

 4 

 4 

 25 

 15 

 4 

 56 

 56 

(1) 

By-catches only. No directed fisheries are permitted under this quota. 

Species: 

Blue ling 

Molva dypterygia 

Zone: 

EU  and 
(BLI/03-) 

international  waters  of 

III 

Year 

Denmark 

Germany 

Sweden 

EU 

TAC 

2011 

2012 

 4 

 2 

 4 

 10 

 10 

3 

 2 

 3 

8 

 8 

EN 

23 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Red seabream 

Zone: 

EU  and  international  waters  of  VI,  VII 
and VIII (SBR/678-) 

Year 

Ireland 

Spain 

France 

United Kingdom 

Others(2) 

EU 

TAC 

Pagellus bogaraveo 

2011(1) 

2012(1) 

 6 

 172 

 9 

 22 

 6 

 215 

 215 

 6 

 172 

 9 

 22 

 6 

 215 

 215 

(1) 
minimum landing size of at least 30 cm (total length). 

A minimum landing size of 35 cm (total length) shall be respected. However, 15 % of fish landed may have a 

(2) 

By-catches only. No directed fisheries are permitted under this quota. 

Species: 

Red seabream 

Zone: 

EU  and 
(SBR/09-) 

international  waters  of  IX 

Year 

Spain 

Portugal 

EU 

TAC 

Pagellus bogaraveo 

2011(1) 

2012(1) 

 614 

 166 

780 

780 

 614 

 166 

780 

780 

(1) 
minimum landing size of at least 30 cm (total length). 

A minimum landing size of 35 cm (total length) shall be respected. However, 15 % of fish landed may have a 

Species: 

Red seabream 

Pagellus bogaraveo 

Zone: 

EU  and 
(SBR/10-) 

international  waters  of  X 

Year 

2011 

2012 

EN 

24 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Spain 

Portugal 

United Kingdom 

EU 

TAC 

 10 

1 116 

 10 

1 136 

 10 

1 116 

 10 

1 136 

1 136 

1 136 

Species: 

Forkbeards 

Phycis blennoides 

Zone: 

EU  and  international  waters  of  I,  II,  III 
and IV (GFB/1234-) 

2011 

2012 

Species: 

Forkbeards 

Phycis blennoides 

Year 

Germany 

France 

United Kingdom 

EU 

TAC 

Year 

Germany 

Ireland 

Spain 

France 

United Kingdom 

EU 

TAC 

 8 

 8 

 11 

 27 

 27 

2011 

 10 

 260 

 588 

 356 

 814 

2 028 

Zone: 

EU and international waters of V, VI and 
VII (GFB/567-) 

 6 

 6 

 11 

 23 

 23 

2012 

 10 

 260 

 588 

 356 

 814 

2 028 

2 028 

2 028 

EN 

25 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Forkbeards 

Phycis blennoides 

Zone: 

EU  and  international  waters  of  VIII  and 
IX (GFB/89-) 

Year 

Spain 

France 

Portugal 

EU 

2011 

 242 

 15 

 10 

 267 

2012 

 242 

 15 

 10 

 267 

TAC 

 267 

 267 

Species: 

Forkbeards 

Phycis blennoides 

Zone: 

EU and international waters of X and XII 
(GFB/1012-) 

Year 

France 

Portugal 

United Kingdom 

EU 

TAC 

2011 

2012 

 7 

 32 

 7 

 46 

 46 

 6 

 28 

 6 

 40 

 40 

EN 

26 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
EN 

27 

   EN