Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a multiannual plan for the Baltic salmon stock and the fisheries exploiting that stock
Date: 2011-08-12
Institutions: European Commission
Subjects: Baltic Sea, conservation of fish stocks, fishing industry, sea fish

EUROPEAN COMMISSION 

Brussels, 12.8.2011 
COM(2011) 470 final 

2011/0206 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a multiannual plan for the Baltic salmon stock and the fisheries exploiting 
that stock 

{SEC(2011) 986 final} 
{SEC(2011) 987 final} 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

Scientific  advice  from  the  International  Council  for  the  Exploration  of  the  Sea  (ICES)  has 
stated that some of the 30 wild salmon rivers' stocks comprising the Baltic salmon stock are 
outside  safe  biological  limits  and  with  the  risk  of  genetic  depletion.  A  non-binding 
management  plan  established  by  the  International  Baltic  Sea  Fisheries  Commission  in  1997 
expired  in  2010  and  without  a  new  plan  the  future  management  of  the  stock  will  be  left 
without objectives and without predictability for fishermen and tourism enterprises. Member 
States,  the  BSRAC  and  stakeholders  have  therefore  repeatedly  asked  the  European 
Commission to come up with a proposal for a new management system. 

The  objective  of  the  proposal  is  to  establish  a  multiannual  plan  for  the  management  of  the 
fisheries on the salmon stocks in the Baltic Sea to ensure that the conservation status of the 
entire  Baltic  stock,  i.e.  including  all  salmon  rivers'  stocks,  is  favourable  and  provide  for 
sustainable exploitation. The specific objectives of the initiative shall be to ensure that:  

a) 

the Baltic salmon stock is exploited in a sustainable way according to the principle of 
maximum sustainable yield; 

b) 

the genetic integrity and diversity of the Baltic salmon stock is safeguarded. 

•  General context 

1. 

2. 

1 

2 

3 

4 

The  current  management  of  the  Baltic  salmon  stock  include  setting  of  TAC  on  an 
annual  basis  and  technical  conservation  measures  such  as  closed  seasons  and 
minimum landing size. The driftnet ban which is in place for the protection of Baltic 
harbour porpoise has also limited salmon fishing effort in the main basin. Salmon is a 
species of EU interest, as defined by the Habitat Directive1 and its inland habitat is 
protected  by  the  Water  Framework  Directive2.  In  addition,  the  Baltic  Marine 
Environment Protection Commission (HELCOM),3 has defined some objectives for 
the species which is covered by the HELCOM Baltic Sea Action plan4.  

In accordance with the overall ambition of the CFP on the conservation of fisheries 
resources and with specific regards to Articles 5 and 6 of Council Regulation (EC) 
No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation 
of fisheries resources under the Common Fisheries Policy (Basic Regulation) which 
requests the development of multiannual plans, the main elements of the plan are:  

OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive 2006/105/EC (OJ L 363, 20.12.2006, 
p. 368).  
OJ  L  327,  22.12.2000,  p.  1.  Directive  as  amended  by  Decision  No  2455/2001/EC  of  the  European 
Parliament and of the Council (OJ L 331, 15.12.2001, p. 1). 
Convention  on  the  Protection  of  the  Marine  Environment  of  the  Baltic  Sea  Area,  1992  (entered  into 
force on 17 January 2000).  
Adopted  on  15  November  2007  in  Krakow,  Poland  by  the  HELCOM  Extraordinary  Ministerial 
Meeting.  

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–  Objectives,  and  targets  (reach  75%  of  potential  smolt  production  in  each  wild 

salmon river within ten years after the entry into force of this regulation);  

–  TAC  based  on  constant  fishing  mortality  rate  of  0.1  The  TAC  will  only  cover 
marine fisheries but will include masters of non-fishing vessels offering services 
for recreational fisheries; 

–  Obligation  for  Member  States  to  define  and  implement  technical  conservation 
measures such as closed areas and seasons to protect migrating spawners in their 
coastal waters not later than 24 months from the entry into force of the plan;  

–  A phasing out of release of salmon in rivers with man made obstacles and without 
potential for re-establishment of self sustaining wild salmon populations in order 
to protect the genetic diversity of the wild stocks;  

–  Financial assistance from the EFF for direct restocking of rivers with potential for 
self-sustaining  wild  salmon  populations  as  a  conservation  measure  for  the  wild 
salmon stock.  

•  Existing EU provisions in the area of the proposal 

The Basic Regulation sets the general framework for the CFP and identifies the situations in 
which the Council shall adopt multiannual plans.  

–  It  has  to  be  noted  that  in  the  context  of  the  upcoming  reform  of  the  CFP  some 

provisions of this draft proposal are subject to future changes. 

Council Regulation (EC) No 2187/05 of 21 December 2005 outlining technical conservation 
measures in the Baltic Sea, i.e. minimum landing size and closed seasons for salmon fisheries. 

The annual Council Regulation fixing the fishing opportunities and associated conditions for 
certain fish stocks and groups of fish stocks applicable in the Baltic Sea sets the TAC levels 
for  salmon  (for  instance  for  2011  Council  Regulation  (EU)  No 1124/2010  of  29 November 
2010 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks 
applicable in the Baltic Sea).  

Council Regulation (EC) 1224/2009 establishing an EU control system for fisheries sets the 
general control requirement for fisheries but also specific requirements for multiannual plans.  

•  Consistency with the other policies and objectives of the Union 

The  proposal's  objectives  are  consistent  with  the  European  Union's  environmental  policy, 
especially  the  objectives  of  the  Habitat  Directive,  the  Water  Framework  Directive  and  the 
Marine Strategy Framework Directive. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation methods, main sectors targeted and general profile of respondents 

Since  salmon  is  a  species  of  wide  interest,  not  only  for  commercial  fishermen  but  also  for 
recreational  fishermen,  tourist  companies  and  river  interest  groups,  the  consultation  process 

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has  tried  to  target  all  interest  groups.  An  open  consultation  paper  translated  to  all  Baltic 
languages  has  been  launched  online.  Fisheries  and  environmental  administrations  from  the 
Baltic  Sea  Member  States  and  key  stakeholders  have  also  participated  in  a  consultation 
meeting  on  28  April  2009  in  Brussels.  An  Impact  Assessment  Steering  Group  (IASG)  has 
been created and included representatives from 6 General Directorates, namely DG ENV, DG 
EMPL, DG REGIO, DG ECFIN, DG TRADE and the Secretariat-General.  

Scientific/expertise domains concerned 

The proposal is based on scientific advice from ICES for the environmental parameters5, the 
Finnish Game and Fisheries Research Institute for the social and economic assessments6 and 
assessments and advice from the Scientific, Technical and Economic Committee for Fisheries 
(STECF)7.  

Summary of responses and how they have been taken into account 

A summary of the scientific advice and consultations can be found in the Impact Assessment 
report accompanying this proposal.  

Means used to make the expert advice publicly available 

All advices and contributions to the consultation process can be found on DG MARE website: 
http://ec.europa.eu/fisheries/cfp/governance/consultations_en.htm 

•  Impact assessment 

If  well  implemented  and  in  combination  with  the  implementation  of  environmental  legal 
obligations for inland waters, the proposed measures will achieve the following objective: 

a) 

for the Baltic salmon stock 

–  Rebuilding  all  wild  Baltic  salmon  rivers'  stocks  to  safe  biological  limits  and  favourable 

conservation statues by limiting the fishing pressure on weak salmon river stocks.  

–  Re-establishing self-sustaining salmon populations in rivers with extirpated or very weak 

populations which would lead to higher overall wild salmon production.  

–  Safeguarding  the  genetic  diversity  of  wild  salmon  as  stocking  of  reared  salmon  with 

potential negative genetic effect will be substantially decreased.  

b) 

for the commercial catching sector 

–  Predictability of fishing opportunities as a result of clear harvest control rules.  

–  Increased production of wild salmon and recovery of all wild rivers stocks which will in 

the long term give increased fishing opportunities.  

5 
6 

7 

ICES special advice 2008, 8.3.3.3: Request to ICES for advice on management of Baltic Sea salmon.  
Finnish Game and Fisheries Research Institute , 2008. Data analysis to support development of a Baltic 
Sea Salmon Action Plan, SI2.491891, FISH/2007/03 – Lot 6.  
Report on the 31st plenary meeting of the Scientific, Technical and Economic Committee for Fisheries: 
(PLEN-09-02), 13-17 July 2009, Copenhagen. 

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c) 

for the recreational catching sector 

–  Increased production of wild salmon and recovery of all wild rivers stocks which will in 

the long term give increased fishing opportunities. 

d) 

for the tourism sector 

–  Potential to grow due to increased fishing opportunities of wild salmon both at sea and in 

rivers. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Legal basis 

The  legal  basis  for  this  proposal  is  Article  43  (2)  of  the  Treaty  on  the  functioning  of  the 
European Union8. 

•  Subsidiarity principle 

In  accordance  with  Art  3(1)(d)  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFEU),  the  proposal  falls  under  the  exclusive  competence  of  the  European  Union.  Even 
though  Baltic  salmon  is  an  anadromous  species  it  is  to  be  qualified  as  ''marine  biological 
resources'' within the meaning of Article 3 (1)(d) TFEU. It is in the spirit of this provision to 
ensure effective conservation of marine species throughout their whole migratory cycle. The 
subsidiarity principle therefore does not apply.  

•  Proportionality 

The proposed measures comply with the proportionality principle as they do not exceed what 
is  necessary  to  achieve  the  objective  of  conservation  of  the  Baltic  Salmon  stock  under  the 
CFP and are suitable to ensure long-term sustainability of this fishery. 

4. 

BUDGETARY IMPLICATION  

There are no new budgetary implications. 

5. 

ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

The proposal includes a review and revision clause. 

8 

OJ NO C, 09.05.2008, p 1- 

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2011/0206 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a multiannual plan for the Baltic salmon stock and the fisheries exploiting 
that stock 

THE EUROPEAN PARLIAMET AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) thereof,  

Having regard to the proposal from the European Commission, 

Having regard to the opinion of the European Economic and Social Committee9, 

Having regard to the opinion of the Committee of the Regions10, 

After transmission of the proposal to National Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

The  Salmon  Action  Plan,  adopted  through  the  International  Baltic  Sea  Fisheries 
Commission  in  1997,  expired  in  2010.  Contracting  parties  to  the  Baltic  Marine 
Environment  Protection  Commission  (HELCOM)  have  urged  the  EU  to  develop  a 
long term plan for the management of Baltic salmon. 

Recent scientific advice from the International Council for the Exploration of the Sea 
(ICES) and the Scientific, Technical and Economic Committee on Fisheries (STECF) 
state that some Baltic salmon river stocks are outside safe biological limits and that a 
multiannual plan should be developed at European level.  

In accordance with Article 3(1)(d) of the Treaty on the Functioning of the European 
Union,  the  Union  has  the  exclusive  competence  for  the  conservation  of  marine 
biological  resources.  Since  salmon  is  an  anadromous  species,  conservation  of  the 
marine  Baltic  salmon  stocks  cannot  be  achieved  in  the  absence  of  measures  being 
taken to protect such stocks during their river life. Therefore, such measures are also 
covered by the exclusive competence of the Union to ensure effective conservation of 

9 
10 

OJ C , , p. . 
OJ C , , p. . 

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marine species throughout their whole migratory cycle and should be addressed in the 
multiannual plan. 

Directive  92/43/EEC  on  the  conservation  of  natural  habitats  and  of  wild  fauna  and 
flora11,  lists  salmon  as  a  species  of  European  Union  interest  and  measures  taken 
pursuant  to  this  Directive  should  be  designed  to  ensure  that  their  exploitation  is 
compatible with a favourable conservation status. There is hence a need to ensure that 
measures to protect salmon taken under this Regulation are consistent and coordinated 
with those taken under the mentioned directive. 

Directive  2000/60/EC  establishing  a  framework  for  EU  action  in  the  field  of  water 
policy12, is intended to protect, conserve and enhance the aquatic environment where 
salmon  spend  part  of  their  life  cycle.  The  multiannual  plan  for  Baltic  salmon  stock 
should  contribute  to  the  achievement  of  the  objectives  of  Directive  2000/60/EC. 
Measures  already  requested  for  in  this  Directive,  such  as  river  basin  management 
plans,  should  not  be  duplicated  in  this  Regulation  but  there  is  a  need  to  ensure 
coordination and consistency between measures taken under this Regulation and those 
under the mentioned Directive for the protection and enhancement of salmon habitats 
in inland waters. 

The Implementation Plan agreed by the World Summit on Sustainable Development at 
Johannesburg  in  2002  states  that  all  commercial  stocks  should  be  restored  to  levels 
that can produce maximum sustainable yield by 2015. ICES deems that for the Baltic 
salmon  river  stocks  this  level  corresponds  to  a  smolt  production  level  between  60% 
and  75 %  of  the  potential  smolt  production  capacity  for  the  different  wild  salmon 
rivers. Such scientific advice should constitute the basis for setting the objectives and 
targets of the multiannual plan.  

Scientific advice indicates that genetic pollution of the Baltic salmon stocks may result 
in the decline of the survival rate and abundance of indigenous populations an in the 
erosion  of  the  genetic  capability  to  face  diseases  and  changing  local  environmental 
conditions.  Therefore  preserving  the  genetic  integrity  and  diversity  of  the  Baltic 
salmon stocks pays a crucial role in their conservation and should be included as an 
objective of the multiannual plan.  

The fishing mortality rate at sea and in rivers should result in a wild salmon stock size 
that  produces  the  maximum  sustainable  yield  in  accordance  with  the  set  targets  and 
timeframes.  The  fishing  mortality  rate  at sea  should  be  established  based  on  STECF 
advice.  

For  a  more  effective  implementation  of  the  plan  and  in  order  to  allow  for  a  more 
targeted response to specificities of each salmon river stock, Member States concerned 
should be empowered to determine the level of salmon fishing mortality rate, the TAC 
and certain technical conservation measures in their rivers in accordance with Article 
2(1) of the TFEU.  

OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive 2006/105/EC (OJ L 363, 20.12.2006, 
p. 368).   
OJ  L  327,  22.12.2000,  p.  1.  Directive  as  amended  by  Decision  No  2455/2001/EC  of  the  European 
Parliament and of the Council (OJ L 331, 15.12.2001, p. 1). 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

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(10)  When adopting measures in the framework of this Regulation, Member States should 
fully respect their international obligations, in particular those deriving from Article 66 
of United Nations Convention of 10 December 1982 on the Law of the Sea  13 which 
requires  inter  alia  that  the  state  of  origin  of  anadromous  stocks  and  other  states 
concerned  should  cooperate  with  regard  to  conservation  and  management  of  these 
stocks.  

(11)  Provisions  should  be  made  for  the  periodical  assessment  by  the  Commission  of  the 
adequacy and effectiveness of Member States measures on the basis of the targets and 
objectives set out in the multiannual plan.  

(12)  Scientific advice states that stocking procedures may have significant implications on 
the genetic diversity of the Baltic salmon stock and that there is a risk that the large 
number  of  reared  fish  released  to  the  Baltic  Sea  every  year  is  affecting  the  genetic 
integrity  of  the  wild  salmon  and  should  be  phased  out.  Therefore  the  condition  of 
releases should be established in this multiannual plan.  

(13)  The direct restocking of potential salmon rivers is considered under specific conditions 
to be a conservation measure as it will have a positive effect on the overall number of 
salmon  and  the  fishery,  since  it  can  re-establish  self-sustaining  salmon  populations. 
Provisions  should  be  made  to  explicitly  allow  direct  restocking  which  fulfils  these 
conditions  to  be  eligible  for  funding  in  accordance  with  Article  38(2)  of  Regulation 
(EC) No 1198/2006 on the European Fisheries Fund14.  

(14)  However,  since  releases  of  salmon  may  be  at  present  mandatory  in  certain  Member 
States  and  in  order  to  give  Member  States  time  to  adjust  to  these  requirements, 
releases  of  salmon  other  than  stocking  and  direct  restocking  should  remain  allowed 
during  a  transitional  period  of  seven  years  following  the  entry  into  force  of  this 
Regulation. 

(15)  With a view to ensuring compliance with the measures laid down in this Regulation, 
specific  control  measures  should  be  adopted  in  addition  to  those  provided  for  in 
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 policy15. 

(16)  A substantial part of the coastal vessels fishing for salmon are below 10 m in length. 
For  this  reason  the  use  of  fishing  logbook  as  requested  by  Article  14  and  prior 
notification  as  requested  by  Article  17  of  Regulation  (EC)  1224/2009  should  be 
extended to cover all vessels.  

(17)  To  ensure  that  salmon  catches  are  not  misreported  as  sea  trout  and  hence  escape 
proper control, it is necessary to extend the obligation to submit prior notifications in 
accordance with Article 17 of Regulation (EC) 1224/2009 also to all vessels retaining 
on board sea trout.  

13 
14 
15 

OJ L 179, 23.6.1998, p. 1–2 
OJ L 223, 15.8.2006, p. 1–44 
OJ L 343, 22.12.2009, p. 1–50 

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(18)  To provide better and more scientific data on the salmon stock electrofishing should 

be permitted.  

(19)  Recent  scientific  advice  indicates  that  recreational  salmon  fisheries  at  sea  have  a 
significant impact on the salmon stocks, even though the data quality in this regard is 
not  at  a  high  precision  level.  In  particular,  recreational  fisheries  carried  out  from 
vessels  operated  by  undertakings  offering  their  services  for  profit  can  potentially 
account for an important part of catches of Baltic salmon. Hence, it is appropriate for 
the  functioning  of  the  multiannual  plan  to  introduce  certain  specific  management 
measures to control such activities. 

(20) 

In order to achieve in an efficient way the targets set in this Regulation and be able to 
react  swiftly  to  changes  in  stock  conditions,  the  power  to  adopt  acts  in  accordance 
with  Article  290  of  the  Treaty  should  be  delegated  to  the  Commission  in  respect  of 
certain non-essential elements of this Regulation as provided for in its Articles 6, 7, 11 
and  25.  Those  powers  should  include  the  possibility  to  amend  the  fishing  mortality 
rate  at  sea,  to  amend  the  list  of  wild  salmon  rivers  and  certain  technical  information 
contained in the Annexes to this Regulation and to adopt measures for the Baltic river 
stocks, where Member States measures under the empowerment mentioned in recital 9 
are not adopted or are considered ineffective. 

(21)  The  Commission,  when  preparing  and  drawing  up  delegated  acts,  should  ensure  a 
simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and to the Council. 

(22) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  the  provisions  on 
stocking of salmon established in Article 12 of this Regulation, implementing powers 
should  be  conferred  on  the  Commission.  Those  powers  should  be  exercised  in 
accordance with Regulation (EU) No 182/2011 of the European Parliament and of the 
Council of 16 February 2011 laying down the rules and general principles concerning 
mechanisms  for  control  by  the  Member  States  of  the  Commission's  exercise  of 
implementing powers16. 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 
SUBJECT MATTER , SCOPE AND DEFINITIONS 

Article 1 

Subject-matter 

This  Regulation  establishes  a  multiannual  plan for  the  conservation  and  management  of  the 
Baltic salmon stock (hereinafter referred as 'the plan'). 

16 

OJ L 55, 28.2.2011, p. 13. 

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Article 2 

Scope 

1. 

The plan shall apply to  

(a) 

commercial  fisheries  in  the  Baltic  Sea  and  in  rivers  connected  with  it  on  the 
territory  of  Member  States  (hereinafter  referred  to  as  the  Member  States 
concerned);  

(b) 

recreational  fisheries  of  salmon  in  the  Baltic  Sea  where  such  fisheries  are 
conducted by service vessels.  

Article 3 

Definitions 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

For  the  purposes  of  this  Regulation,  the  definitions  laid  down  in  Article  3  of 
Regulation (EC) No 2371/2002, Article 2 of Directive 2000/60/EC and Article 4 of 
Regulation (EC) No 1224/2009 shall apply. 

The following definitions shall also apply: 

“Baltic Sea” means ICES Subdivisions 22-32; 

"Baltic  rivers"  means  the  rivers  connected  to  the  Baltic  Sea  on  the  territory  of 
Member States; 

"Baltic salmon stock" means all salmon stocks in the Baltic Sea and in Baltic rivers, 
both wild and reared; 

"wild salmon river" means a river with self sustaining wild salmon populations with 
no or limited releases of reared salmon as listed in Annex I; 

"potential salmon river" means a river with historical wild salmon population(s) and 
currently  no  or  little  natural  reproduction  and  having  the  potential  for  re-
establishment of a self sustaining wild salmon population; 

"potential  smolt  production  capacity"  means  the  production  capacity  of  smolts 
calculated for each river on the basis of relevant river-specific parameters; 

"technical  conservation  measures"  means  measures  that  regulate  the  species 
composition,  size  composition  of  catches  and  impacts  on  components  of  the 
ecosystems  resulting  from  fishing  activities  through  conditioning  the  use  and 
structure of fishing gear and restrictions of access to fishing areas;  

"stocking"  means  the  deliberate  release  of  smolt  or  earlier  life  stages  of  reared 
salmon into wild salmon rivers;  

"direct restocking" means the release of smolt or earlier life stages of reared salmon 
in potential salmon rivers; 

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(j) 

(k) 

"service vessel" means a vessel, that is operated by an undertaking offering services, 
including providing fishing equipment, transport and/or guidance, for the purpose of 
recreational fishing targeting salmon in the Baltic Sea;  

"total allowable catches"(TAC) means the quantity of Baltic salmon that can be taken 
and landed from the stock each year. 

CHAPTER II 
OBJECTIVES 

Article 4 

Objectives 

The plan shall aim at ensuring that: 

a) 

the Baltic salmon stock is exploited in a sustainable way according to the principle of 
maximum sustainable yield; 

b) 

the genetic integrity and diversity of the Baltic salmon stock is safeguarded. 

CHAPTER III 
TARGETS  

Article 5 

Targets for wild salmon river stocks 

1. 

2. 

3. 

4. 

For  wild  salmon  rivers  which  have  reached  50%  of  the  potential  smolt  production 
capacity  by  the  time  of  the  entry  into  force  of  this  Regulation,  the  wild  smolt 
production shall reach 75% of the potential smolt production capacity for each river 
in five years after the entry into force of this regulation. 

For wild salmon rivers which have not reached 50% of the potential smolt production 
capacity  by  the  time  of  the  entry  into  force  of  this  Regulation,  the  wild  smolt 
production shall reach 50% of the potential smolt production capacity for each river 
in five years and 75% in ten years after the entry into force of this regulation. 

After  ten  years  from  the  entry  into  force  of  this  regulation,  the  wild  salmon  smolt 
production  shall  be  maintained  at  a  level  of  at  least  75%  of  the  potential  smolt 
production capacity in each wild salmon river.  

Member States concerned may set, for each wild salmon river, other more stringent 
targets. 

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CHAPTER IV 
HARVESTING RULES 

Article 6 

Determining TAC in rivers 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

The annual TAC for salmon stocks in wild salmon rivers shall not exceed the level 
corresponding to the fishing mortality rate referred to in paragraph 2. 

The fishing mortality rate for salmon stocks in wild salmon rivers shall be specified 
by each Member State in accordance with the targets set out in Article 5 and expert 
views  of  STECF  and  ICES  and  re-assessed  regularly  by  those  bodies  when  more 
information becomes available or the characteristics of the river are changed. For that 
purpose the Member States shall take account of potential smolt production capacity 
as calculated for each river by ICES on the basis of relevant river-specific parameters 
and re-assessed regularly by this body when more information becomes available or 
the characteristics of the river are changed. 

Member  States  concerned  shall  publish  the  fishing  mortality  rate  in  wild  salmon 
rivers  and  the  corresponding  salmon  TAC  on  the  publicly  accessible  part  of  their 
official website set up in accordance with Article 114 of Regulation 1224/2009 not 
later than one year after the entry into force of this Regulation and shall revise them 
annually.  

The Commission shall assess every three years the compatibility and effectiveness of 
measures  taken  by  Member  States  pursuant  to  this  Article  on  the  basis  of  the 
objectives and targets set out in Articles 4 and 5.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 26 to specify the fishing mortality rate and/or the corresponding TAC in wild 
salmon  rivers  and/or  the  closure  of  the  fishery  concerned  measures,  if  the  Member 
States  concerned  do  not  publish  such  measures  in  accordance  with  paragraphs  1,  2 
and 3 within the set deadline after the date of entry into force of this Regulation. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 26 to specify the fishing mortality rate and/or the corresponding TAC in wild 
salmon  rivers  and/or  the  closure  of  the  fishery  concerned,  if,  on  the  basis  of  an 
assessment carried out pursuant to paragraph 4, Member State measures are deemed 
not to be compatible with the objectives and targets set out in Articles 4 and 5 or are 
deemed not to meet these objectives and targets. 

The measures adopted by the  Commission shall  aim  at ensuring that  the  objectives 
and targets set out in Articles 4 and 5 are met. Upon the adoption of the delegated act 
by the Commission, the Member State measures shall cease to be effective. 

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Article 7 

Determining TAC at sea 

1. 

2. 

3. 

The  annual  TAC  for  the  salmon  stocks  at  sea  shall  not  exceed  the  level 
corresponding to a fishing mortality rate of 0.1.  

When there are clear indications that stock conditions have changed and/or that the 
existing  fishing  mortality  rate  is  not  appropriate  to  reach  the  objectives  set  out  in 
Article 4, the Commission may amend the value of the fishing mortality rate at sea 
referred  to  in  paragraph  1  by  means  of  delegated  acts  adopted  in  accordance  with 
Article 26. 

In  case  of  sudden  outburst  of  diseases,  critically  low  post  smolt  survival  rates  or 
other unforeseen developments, the Council shall decide on a TAC that is lower than 
the TAC which would result from the fishing mortality rate referred to in paragraph 
1. 

Article 8 

Use of the national quota by service vessels 

Salmon caught at sea from service vessels shall be counted against the national quota.  

CHAPTER V 
TECHNICAL CONSERVATION MEASURES 

Article 9 

Member States measures to protect weak salmon river stocks 

1. 

2. 

For wild salmon rivers which have not reached 50% of the potential smolt production 
capacity  by  the  time  of  the  entry  into  force  of  this  Regulation,  Member  States 
concerned  shall  establish  not  later  than  two  years  after  the  entry  into  force  of  this 
Regulation national technical conservation measures.  

Technical  conservation  measures  referred  to  in  paragraph  1  shall  be  based  on  river 
specific requirements to adequately contribute to achieving the objectives and targets 
set  out  in  Articles  4  and  5.  The  location  of  such  measures  shall  be  based  on  best 
available information on salmon migration routes at sea. 

Article 10 

Measures to protect other salmon rivers stocks 

Member States  may  establish  national technical conservation  measures  in  their  Baltic  rivers 
for salmon river stocks not covered by Article 9 of this Regulation. Those measures shall be 
contribute to achieving the objectives and targets set out in Articles 4 and 5. 

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Article 11 

Commission measures  

The Commission shall assess every three years the compatibility and effectiveness of 
measures taken by Member States pursuant to Articles 9 and 10, in particular where 
wild salmon rivers run through several Member States, on the basis of the targets and 
objectives set out in Articles 4 and 5.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 26 to specify such technical conservation measures as needed, if the Member 
States  concerned  do  not  adopt  such  measures  in  accordance  with  Articles  9  within 
the set deadline after the date of entry into force of this Regulation. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 26 to specify such technical conservation measures as needed, if, on the basis 
of  an  assessment  carried  out  pursuant  to  paragraph  1,  Member  State  measures  are 
deemed not to be compatible with the objectives and targets set out in Articles 4 and 
5 or are deemed not to meet these objectives and targets. 

The measures adopted by  the Commission shall  aim at ensuring that  the objectives 
and targets set out in Articles 4 and 5 are met. Upon the adoption of the delegated act 
by the Commission, the Member State measures shall cease to be effective.  

CHAPTER VI 
RELEASES  

Article 12 

Stocking  

Stocking  of  salmon  may  only  be  conducted  in  wild  salmon  river.  The  number  of 
released  smolts  in  each  river  shall  not  exceed  the  estimated  potential  smolt 
production capacity of the river.  

Stocking  shall  be  conducted  in  a  way  that  safeguards  the  genetic  diversity  of  the 
different  salmon  river  stocks  taking  into  account  existing  fish  communities  in  the 
stocked river and in neighbouring rivers while maximising the effect of stocking. 

The  Commission  may  establish  detailed  rules  for  the  application  of  this  Article  by 
means of implementing acts adopted in accordance with the examination procedure 
referred to in Article 27(2). 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Article 13 

Direct restocking  

Direct restocking of potential salmon rivers shall only be made, provided that: 

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(a) 

(b) 

(c) 

(d) 

the river has free migratory waterways, appropriate water quality and habitat suitable 
for reproduction and growth of salmon; 

the  purpose  of  direct  restocking  is  to  establish  or  enhance  a  viable  self  sustaining 
wild salmon population; 

there is a pre- and post-release monitoring program with evaluation in place; 

there  are  suitable  and  adequate  conservation  and  management  measures  in  place  to 
facilitate the re-establishment of a self-sustaining salmon population in the river. 

Direct  restocking  in  accordance  with  paragraph  1  shall  be  deemed  to  be  a  conservation 
measure for the purposes of Article 38(2) of Regulation (EC) No 1198/2006 on the European 
Fisheries Fund. 

Article 14 

Transitional period  

Releases  of  salmon  other  than  those  made  in  accordance  with  Articles  12  and  13  may 
continue until 7 years after the entry into force of this Regulation. 

CHAPTER VII 
CONTROL AND ENFORCEMENT 

Article 15 

Relationship with Regulation (EC) No 1224/2009 

The control measures provided for in this Chapter shall apply in addition to those prescribed 
in Regulation (EC) No 1224/2009, safe where otherwise provided for in the Articles of this 
Chapter.  

Article 16 

Logbooks 

By way of derogation from Article 14 of Regulation 1224/2009 masters of European Union 
fishing vessels of all length holding a fishing authorisation for salmon shall keep a logbook of 
their  operations  in  accordance  with  the  rules  set  in  Article  14  of  Regulation  (EC)  No 
1224/2009.  

Article 17 

Prior notifications 

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By  way  of  derogation  from  the  introductory  sentence  of  Article  17(1)  of  Regulation 
1224/2009, masters of European Union fishing vessels of all length retaining salmon and/or 
sea  trout  on  board  shall  notify  the  competent  authorities  of  their  flag  Member  State 
immediately after the completion of the fishing operation of the information listed in Article 
17(1) of Regulation 1224/2009. 

1. 

2. 

1. 

2. 

Article 18 

Special activity authorisations 

Service vessels shall hold a special activity authorisation for salmon fishing, issued 
in accordance with Annex II of this Regulation.  

Member  States  concerned  shall  include  special  activity  authorisations  in  the  list  of 
fishing authorisations contained in the electronic database established in accordance 
with  Article  116(1)(d)  of  Regulation  (EC)  No  1224/2009.  Furthermore,  they  shall 
include  the  data  with  regard  to  special  activity  authorisations  in  the  computerized 
validation system referred to in Article 109 of Regulation (EC) No 1224/2009. 

Article 19 

Catch declaration 

The  master  of  service  vessel  shall  complete  a  catch  declaration  in  accordance  with 
Annex III and submit it to the competent authority of the flag Member State of the 
service vessel by the last day of every month.  

By the 15th of each month Member States concerned shall register the information 
recorded in the catch declarations for the previous month in their electronic database 
established  in  accordance  with  Article  116(1)(f)  of  Regulation  (EC)  No  1224/2009 
and in their computerized validation system referred to in Article 109 of Regulation 
(EC) No 1224/2009. The electronic data and the catch declarations shall be kept for 3 
years.  

Article 20 

Landing inspections 

Member States concerned shall verify the accuracy of the information recorded in the catch 
declarations by landing inspections. Such landing inspections shall cover a minimum of 10% 
inspection of the total number of landings 

Article 21 

National control action programmes 

The  national  control  action  programmes  as  prescribed  in  Article  46  of  Regulation  (EC)  No 
1224/2009 shall also contain as a minimum:  

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a) 

b) 

the  application  of  technical  conservation  measures  established  in  accordance 
with Chapter V of this Regulation; 

compliance  with  the  rules  on  quota  uptake,  activity  authorisation  and  catch 
declaration by service vessels; 

c) 

the monitoring of rules on stocking and direct restocking. 

CHAPTER VIII 
DATA COLLECTION 

Article 22 

For the purposes of data collection each juvenile salmon cohort in all wild salmon rivers may 
be surveyed with electrofishing before smoltifcation. 

CHAPTER IX 
FOLLOW-UP 

Article 23 

Member States reporting 

1. 

2. 

Member  States  concerned  shall  report  to  the  Commission  on  the  technical 
conservation measures adopted in accordance with Chapter V and their fulfilment of 
the objectives set out in Article 5 in the third year after the entry into force of this 
Regulation and then every third year. 

Member States concerned shall report to the Commission on the implementation of 
this Regulation and on the fulfilment of the objectives set out in Article 5 in the sixth 
year  after  the  entry  into  force  of  this  Regulation  and  then  every  sixth  year.  The 
Member State report shall in particular provide the following information: 

a) 

b) 

development  of  the  national  fishery  including  the  share  of  catches  between 
offshore waters, coastal waters and rivers and between commercial fishermen, 
undertakings of service vessels and other recreational fishermen; 

for  each  wild  salmon  river,  the  production  of  parr  and  smolt  and  the  best 
available estimate of the potential smolt production capacity; 

c) 

for each wild salmon river stock, available genetic information; 

d) 

the activity of stocking and direct restocking of salmon; 

e) 

the  implementation  of  the  national  control  action  programme  referred  to  in 
Article 46 of Regulation (EC) No 1224/2009.  

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Article 24 

Evaluation of the plan 

The Commission shall, on the basis of the reporting by Member States as referred to in Article 
23  of  this  Regulation  and  on  the  basis  of  scientific  advice,  evaluate  the  impact  of  the 
management measures on the Baltic salmon stock and on the fisheries exploiting that stock in 
the year following that in which it receives the Member States reports. 

CHAPTER X 
AMENDMENTS TO ANNEXES 

Article 25 
Amendments to Annexes 

The Commission may amend the list of wild salmon rivers listed in Annex I to keep 
it up to date with recent scientific information, by means of delegated acts adopted in 
accordance with Article 26. 

The Commission may amend Annexes II and III to provide for effective control, by 
means of delegated acts adopted in accordance with Article 26. 

CHAPTER XI 
PROCEDURAL PROVISIONS  

Article 26 

Exercise of delegated powers 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article.  

The powers to adopt delegated acts as referred to in Articles 6, 7, 11 and 25 shall be 
conferred on the Commission for an indeterminate period of time. 

The delegation of power referred to in Articles 6, 7, 11 and 25 may be revoked at any 
time  by  the  European  Parliament  or  by  the  Council.  A  decision  of  revocation  shall 
put  an  end  to  the  delegation  of  the  power  specified  in  that  decision.  It  shall  take 
effect the day following the publication of the decision in the Official Journal of the 
European Union or at a later date specified therein. It shall not affect the validity of 
any delegated acts already in force. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

A  delegated  act  adopted  pursuant  to  Articles  6,  7,  11  and  25  shall  enter  into  force 
only  if  no  objection  has  been  expressed  either  by  the  European  Parliament  or  the 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

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Council  within  a  period  of  2 months  of  notification  of  that  act  to  the  European 
Parliament  and  the  Council  or  if,  before  the  expiry  of  that  period,  the  European 
Parliament  and  the  Council  have  both  informed  the Commission  that  they  will  not 
object.  That  period  shall  be  extended  by  2  months  at  the  initiative  of  the 
European Parliament or the Council. 

Article 27 

Revocation of empowerment 

Where a Member States concerned have not established or published, by the set deadline, the 
measures set out in Articles 6 or 11, or or where such measures are deemed inadequate and/or 
ineffective  following  the  assessment  carried  out  in  accordance  with  Article  6.4  or  11.1,  the 
empowerment of the Member State concerned referred to in Articles 6 or 11 shall be revoked 
by the Commission. A decision of revocation shall put an end to the delegation of the power 
specified in that decision. It shall take effect the day following the publication of the decision 
in the Official Journal of the European Union or at a later date specified therein. 

Article 28 

Committee procedure 

1. 

2. 

The  Commission  shall  be  assisted  by  the  Committee  for  Fisheries  and  Aquaculture 
established by Article 30 of Regulation (EC) No 2371/2002. That committee shall be 
a committee within the meaning of Regulation (EU) No 182/2011.  

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply. 

CHAPTER XII 
FIINAL PROVISIONS 

Article 29 

Entry into force 

This  Regulation  shall  enter  into  force  on  the  20th  day  after  its  publication  in  the  Official 
Journal of the European Union. 

This Regulation shall apply from XXX. 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 

Wild Salmon Rivers in the Baltic Sea 

Finland 

– 

Simojoki 

Finland/Sweden 

– 

Tornionjoki/Torneälven 

Sweden 

Estonia 

Latvia 

– 

Kalixälven,  Råneälven,  Piteälven,  Åbyälven,  Byskeälven,  Rickleån,  Sävarån, 
Ume/Vindelälven, Öreälven, Lögdeälven, Emån, Mörrumsån, Ljungan 

– 

Pärnu, Kunda, Keila, Vasalemma 

– 

Salaca, Vitrupe, Peterupe, Irbe, Uzava, Saka 

Latvia/Lithuania 

– 

Barta/Bartuva 

Lithuania 

– 

Nemunas river basin (Zeimena) 

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MINIMUM INFORMATION FOR THE SPECIAL ACTIVITY AUTHORISATIONS 

ANNEX II  

1. VESSEL DETAILS 

Name of vessel17 

Flag state 

Port of registration (Name and national code) 

External marking 

International radio call sign (IRCS18) 

2. AUTHORISTION HOLDER, VESSEL OWNER AND MASTER19 

Name and address of natural or legal person 

3. VESSEL CHARACTERISTICS  

Engine power (kW)20 

Tonnage (GT)  

Length overall 

4. FISHING CONDITIONS 

1. Date of issue:  

2. Period of validity: 

3. Conditions of authorization including, where appropriate, species, zone and fishing gear: 

17 
18 
19

20

For vessels having a name 
For vessels requested to have an IRCS 
Indicate for each person applicable 
In accordance with Regulation (EC) No 2930/86 

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ANNEX III 

CATCH DECLARATIONS 

Each  Member  State  concerned  shall  issue  for  its  service  vessels  an  official  form  to  be  completed  as 
catch declaration. This form shall contain minimum the following information: 

a) 

Reference number of special activity authorisation issued in accordance with Article 18 
of this Regulation; 

b)  Name of the natural or legal person holding the special activity authorisation issued in 

accordance with Article 18 of this Regulation; 

c)  Name and signature of the master of the service vessel; 

d)  Date and time of departure and arrival to port and duration of fishing trip;  

e) 

f) 

Place and time of landing by fishing trips; 

Gear used by fishing operations; 

g)  Quantities of fish landed by species and by fishing trips; 

h)  Quantities of fish discarded by species and by fishing trips; 

i) 

Area of catches by fishing trips expressed as ICES statistical rectangles.  

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