Proposal for a COUNCIL REGULATION (EU) No [..]/2011 fixing for 2011 the fishing opportunities for certain fish stocks applicable in the Black Sea
Date: 2010-11-25
Institutions: European Commission
Subjects: Black Sea, authorised catch, common fisheries policy, conservation of fish stocks, fishery management, fishery resources, fishing regulations, fishing rights, sustainable development

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EUROPEAN COMMISSION 

Brussels, 25.11.2010 
COM(2010) 693 final 

2010/0336 (NLE) 

Proposal for a 

COUNCIL REGULATION (EU) No [..]/2011 

fixing for 2011 the fishing opportunities for certain fish stocks applicable in the Black 
Sea

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1. 

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•  Grounds for and objectives of the proposal 

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 CFP seeks to ensure that living aquatic resources are exploited under sustainable 
economic,  environmental  and  social  conditions.  One  important  tool  in  this  respect  is  the 
annual fixing of fisheries opportunities in the form of total allowable catches (TACs), quotas 
and fishing effort limits.  

The objective of this proposal is to fix, for the commercially most important fish stocks in the 
Black Sea, the fishing opportunities for Member States for 2011.20 

•  General context 

The  Communication  from  the  Commission  on  the  consultation  on  fishing  opportunities  for 
2011 (COM(2010)241final), outlines the background to the proposal.  

The scientific advice on fishing opportunities in the Black Sea in 2011 will be delivered by 
the Scientific, Technical and Economic Committee for Fisheries (STECF) in November 2010.  

The  proposal  contains  one  section  of  importance  for  the  management  of  the  Black  Sea 
fisheries in 2011 which fixes the TACs and quotas.  

•  130Existing provisions in the area of the proposal 

Fishing opportunities and the way they are allocated to Member States are regulated annually. 
The latest is Council Regulation (EC) No 1287/2009 of 27 November 2009 fixing the fishing 
opportunities and the conditions relating thereto for certain fish stocks applicable in the Black 
Sea for 2010. 

•  Consistency with other policies and objectives of the EU 

The  proposed  measures  are  in  accordance  with  the  objectives  and  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 

•  Collection and use of expertise 

Main organisations/experts consulted 

The scientific organisation consulted is the Scientific, Technical and Economic Committee for 
Fisheries (STECF). 

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The  Community  asks  STECF  each  year  for  scientific  advice  on  the  state  of  important  fish 
stocks. The advice is expected to cover all Black stocks for which TACs are proposed. 

•  Consultation of interested parties 

Interested  parties  were  consulted  via  the  Communication  from  the  Commission  on  the 
Consultation  on  fishing  opportunities  for  2011.  The  scientific  basis  for  the  proposal  will  be 
provided by STECF.  

•  Impact assessment 

Pending  the  scientific  advice,  the  proposed  measures  might,  if  implemented,  result  in  a 
change in fishing opportunities in terms of catch volumes for EU vessels in the Black Sea.  

The proposal reflects not only short-term concerns but is also part of a longer- term approach 
whereby the level of fishing is gradually adapted to long-term sustainable levels. 

The  approach  taken  in  the  proposal  might  therefore,  in  the  medium  to  long  term,  result  in 
reduced fishing opportunities but stable or increasing quotas in the long-term. The long-term 
consequences of the approach are expected to be a reduced impact on the environment as a 
consequence of the adaptation in fishing activities and unchanged or increased landings. The 
sustainability of fishing activities will increase in the long-term. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The proposal establishes the catch limitations applicable to EU fisheries and to international 
fisheries  where  EU  vessels  participate,  in  order  to  achieve  the  objective  of  the  Common 
Fisheries Policy of ensuring fisheries at levels that are biologically, economically and socially 
sustainable. 

•  Legal basis 

Article 43(3) of the Treaty on the Functioning of the European Union. 

•  Subsidiarity principle 

The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) of 
the  Treaty  on  the  Functioning  of  the  European  Union.  The  subsidiarity  principle  therefore 
does not apply. 

•  Proportionality principle 

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.  

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The Council Regulation in question allocates fishing opportunities to Member States. Having 
regard  to  Article  20(3)  of  Regulation  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 year, and the public and private means to implement it are already 
in place. 

•  Choice of instruments 

Proposed instruments: Regulation. 

This  is  a  proposal  for  fisheries  management  on  the  basis  of  Article  43(3)  TFEU  and  in 
accordance with Article 20 of Council Regulation (EC) No 2371/2002. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implications for the EU budget. 

5. 

ADDITIONAL INFORMATION 

•  Simplification 

The proposal has no implications for simplification.  

•  Review/revision/sunset clause 

The proposal concerns an annual Regulation for the year 2011 and therefore does not include 
a revision clause. 

•  Detailed Explanation 

The proposal fixes for 2011 the fishing opportunities for certain stocks or groups of stocks for 
Member States fishing in the Black Sea.  

Scientific advice will be available in November only. Meanwhile TACs are provided as "pro 
memoriam". Once advice has been received, figures will be included that reflect the scientific 
advice.  

The TACs and quotas allocated to Member States will be given in the Annex. 

2010/0336 (NLE) 

Proposal for a 

COUNCIL REGULATION (EU) No [..]/2011 

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fixing for 2011 the fishing opportunities for certain fish stocks applicable in the Black 
Sea 

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 Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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  on  the  conservation  and  sustainable  exploitation  of 
fisheries  resources  under  the  Common  Fisheries  Policy1  requires  that  measures 
governing  access  to  waters  and  resources  and  the  sustainable  pursuit  of  fishing 
activities  be  established  taking  into  account  available  scientific  advice  and,  in 
particular, the report drawn up by the Scientific, Technical and Economic Committee 
for Fisheries (STECF).  

It  is  incumbent  upon  the  Council  to  adopt  measures  on  the  fixing  and  allocation  of 
fishing  opportunities  by  fishery  or  group  of  fisheries,  including  certain  conditions 
functionally linked thereto, as appropriate. Fishing opportunities should be distributed 
among Member States in such a way as to assure each Member State relative stability 
of fishing activities for each stock or fishery and having due regard to the objectives of 
the Common Fisheries Policy established in Regulation (EC) No 2371/2002. 

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,  as  well  as  in  the  light  of  the  opinions  expressed 
during the consultation of stakeholders. 

The  use  of  fishing  opportunities  set  out  in  this  Regulation  is  subject  to  Council 
Regulation  (EC)  No  1224/2009  of  20  November  2009  establishing  a  Community 
control system for ensuring compliance with the rules of the common fisheries policy2 
and in particular to Articles 33 and 34 thereof concerning the recording of catches and 
fishing effort and the notification of data on the exhaustion of fishing opportunities. It 
is therefore necessary to specify codes to be used by the Member States when sending 
data to the commission relating to landings of stocks subject to this Regulation. 

(6) 

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 quotas3, 

1 
2 
3 

OJ L 358, 31.12.2002, p. 59. 
OJ L 343, 22.12.2009, p.1. 
OJ L 115, 9.5.1996, p.3. 

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the  stocks  that  are  subject  to  the  various  measures  referred  to  therein  must  be 
identified. 

(7) 

To  ensure  the  livelihood  of  EU  fishermen,  it  is  important  to  open  these  fisheries  on 
1 January 2011.  

HAS ADOPTED THIS REGULATION: 

CHAPTER I 
Scope and definitions 

Article 1 
Subject matter 

This Regulation fixes fishing opportunities for 2011 for certain fish stocks in the Black Sea. 

This Regulation shall apply to EU vessels operating in the Black Sea. 

Article 2 
Scope 

Article 3 
Definitions 

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

(a) 

(b) 

(c) 

(d) 

(e) 

'GFCM' means General Fisheries Commission for the Mediterranean; 

'Black  Sea'  means  the  GFCM  geographical  sub-area  as  defined  in  resolution 
GFCM/33/2009/2; 

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

“total allowable catch (TACs)” means the quantity that can be taken from each stock 
each year; 

“quota” means a proportion of the TAC allocated to the Union, a Member State or a 
third country;  

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CHAPTER II 
Fishing opportunities  

Article 4 
TACs and allocations 

The  TACs,  the  allocation  of  such  TACs  among  Member  States,  and  the  conditions 
functionally linked thereto, where appropriate, are set out in the Annex. 

Article 5 
Special provisions on allocations 

The allocation of fishing opportunities among Member States as set out in this regulation shall 

be without prejudice to: 

(a) 

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

(b) 

reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009; 

(c) 

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

(d)  quantities  withheld 

in  accordance  with  Article 4  of  Regulation (EC) 

No 847/96; 

(e) 

deductions  made  pursuant  to  Articles  37,  105  and  107 of  Regulation (EC) 
No 1224/2009.  

Article 6 
Conditions for landing catches and by-catches  

Fish from stocks for which catch limits are established shall be retained on board or landed 
only if: 

(a) 

(b) 

the  catches  have  been  taken  by  vessels  of  a  Member  State  having  a  quota  and  that 
quota is not exhausted; or 

the catches consist of a share in a Union quota which has not been allocated by quota 
among Member States, and that Union quota has not been exhausted. 

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CHAPTER III 
Final provisions 

Article 7 
Data transmission 

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send 
the  Commission  data  relating  to  landings  of  quantities  of  stocks  caught,  they  shall  use  the 
stock codes set out in the Annex to this Regulation. 

Article 8 
Entry into force 

This  Regulation  shall  enter  into  force  on  the  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 

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ANNEX 

Catch limits applicable to EU vessels in areas where TACs exist by species and by area  

The  following  tables  set  out  the  TACs  and  quotas  (in  tonnes  live  weight)  by  stock  and 
conditions functionally linked thereto, where appropriate. 

Fish stocks are referred to following the alphabetical order of the Latin names of the species. 
The following table of correspondences of Latin names and common names is given for the 
purposes of this Regulation: 

Scientific name  

Alpha-3 code 

Common name  

Psetta maxima 

Sprattus sprattus 

TUR 

SPR 

Turbot 

Sprat 

Species: 

Turbot 

Zone: 

Black Sea 

Psetta maximar 

TUR/F3742C. 

Precautionary TAC 

Article 3 of Regulation (EC) No 847/96 does not apply. 

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

Bulgaria 

Romania 

EU 

TAC 

(1)(2)(3) 
(4)  

pm 

(1)(2)(3) 
(4) 

pm 

pm (1)(2)(3) 
(4) 

Not relevant 

_________ 
(1) 

(2) 

(3) 

(4) 

Subject to the following condition: fishing is not authorised before 15 February 2011.Any by-catch in other 
fisheries before 15 February 2011 shall be landed and counted against the relevant quotas. 
Subject to the following condition: no fishing activity shall be permitted from 15 April to 15 June. 

Subject to the following condition: the minimum legal mesh size for bottom-set nets used to catch turbot
shall be 400mm. 
Subject to the following condition: the minimum landing size shall be 45 cm, measured in accordance with
Article  18  of  Regulation  (EC)  No  850/98.  All  catches  equal  to  or  above  minimum  landing  size  must  be
landed and counted against the relevant quotas. 

Species: 

Sprat 

Zone: 

Black Sea 

Sprattus sprattus 

SPR/F3742C 

Precautionary TAC 

Article 3 of Regulation (EC) No 847/96 does not apply. 

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

Bulgaria 

Romania 

EU 

TAC 

_________ 

pm  

pm  

pm  

Not 
relevant 

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