Proposal for a COUNCIL REGULATION amending Council Regulations (EU) No 57/2011 and (EC) 754/2009 as regards the protection of the species &quot;porbeagle&quot;, certain TACs and certain fishing effort limits set for the United Kingdom, Germany and Ireland
Date: 2011-08-17
Institutions: European Commission
Subjects: EU waters, Germany, Ireland, United Kingdom, catch quota, fishing area, fishing rights, international waters, sea fish, ship's flag

EUROPEAN COMMISSION 

Brussels, 17.8.2011 
COM(2011) 496 final 

2011/0222 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulations (EU) No 57/2011 and (EC) 754/2009 as regards the 
protection of the species "porbeagle", certain TACs and certain fishing effort limits set 
for the United Kingdom, Germany and Ireland 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Council Regulation (EU) No 57/2011 fixes for 2011 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. The Regulation is usually amended several times during the period in which it is 
in effect.  

One of the amendments proposed concerns the implementation of the cod management plan 
(Council Regulation (EC) No 1342/2008) regarding vessels excluded or included in the effort 
regime. Part of this issue is dealt with in Regulation 57/2011 (effort limits per gear group in 
Annex  IIA),  but  the  actual  decision  regarding  the  inclusion  or  exclusion  of  vessel  groups 
under  the  effort  regime  of  the  plan  is  dealt  with  in  Council  Regulation  (EU)  No  754/2009. 
Accordingly, this latter regulation needs to be amended as well, and the necessary amending 
provisions are contained in this proposal. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Not applicable. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The proposed amendments are: 

1.  Regulation (EU) No 57/2011 regulates porbeagle as a prohibited species in international 
waters in Article 8 (with a prompt release obligation for accidental catches) and as a stock 
with a 0 TAC in certain Atlantic ICES zones in Annex IA (with no provision regarding 
accidental catches). This situation results in some areas within EU waters where porbeagle 
remains  unregulated,  meaning  that  catches  are  unrestricted.  Given  the  status  of  this 
species  and  the  discussions  underway  regarding  the  possibility  of  its  listing  under  the 
CITES convention (Appendix III) it is necessary to implement a consistent protection for 
porbeagle in all areas. To achieve this, the proposal foresees : 

(a) 

(b) 

(c) 

introducing a 0 TAC for porbeagle in the Mediterranean (in Annex ID of the 
Regulation).  This  ensures  no  catches  are  allowed  in  the  waters  under  the 
jurisdiction  of  Mediterranean  Member  States  (the  waters  beyond  the  national 
jurisdiction  being  now  covered  by  the  general  prohibition  in  international 
waters) 

amending the description of the existing 0 TAC in Annex IA to include all EU 
waters of the ICES and CECAF zones of the Atlantic, and 

in both cases (a) and (b) mentioned above, to provide for consistent obligations 
of promptly release of catches. 

2.  The cod management plan (Council Regulation (EC) No 1342/2008) establishes an effort 
regime for this stock which is based on regular data to be provided by Member States to 

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the  Commission  and  the  Scientific,  Technical  and  Economic  Committee  for  Fisheries 
(STECF).  On  the  basis  of  the  STCEF  advice  regarding  Member  States  data,  the 
Commission may then propose to exclude certain groups of vessels from the fishing effort 
regime  established  in  the  cod  plan.  The  essential  condition  for  such  an  exclusion  is  that 
the vessels concerned should catch no more than 1.5% of cod. Member States must report 
annually  on  the  excluded  vessels  in  order  for  the  Commission  to  ascertain  (based  on 
STECF  advice)  that  the  1.5%  cod  catches  limit  is  maintained.  Otherwise,  the  cod  plan 
foresees that the Council shall re-include the vessels concerned in the effort regime. In this 
respect, and by following the procedures established in the cod plan and its implementing 
rules, the proposed amendment to Regulation (EU) No 57/2011 contains: 

(a)  The  exclusion  of  certain  Irish  vessels  operating  in  the  West  of  Scotland  and 

using bottom trawls of mesh size equal to or larger than 100 mm. 

(b)  The re-inclusion of two groups of DE vessels heretofore excluded from the cod 

plan effort regime. 

(c)  The re-inclusion of two groups of UK vessels heretofore excluded from the cod 

plan effort regime. 

3.  The amendments proposed also include an upward revision of the TAC for Celtic Sea cod 
for the reminder of 2011, in light of new and improved scientific advice from ICES and 
STECF,  and  a  the  inclusion  of  a  new  TAC  for  haddock  in  Svalbard  (Barents  Sea)  in 
parallel  to  the  existing  cod  TAC  for  the  same  area.  The  EU  quota  is  not  allocated  to 
Member States for the time being, without prejudice to the adoption of an allocation key 
in the future. 

4.  The  amendment  also  implements  technical  correction  regarding  the  scope  of  the 
temporary fishing restriction in the Porcupine Bank, i.e. Article 13 of Regulation 57/2011. 
Since this Article mentions Norway lobster among the stocks covered by this restriction, 
there must be a cross-reference in the Norway lobster entry concerned (Norway lobster in 
VII). 

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2011/0222 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulations (EU) No 57/2011 and (EC) 754/2009 as regards the 
protection of the species "porbeagle", certain TACs and certain fishing effort limits set 
for the United Kingdom, Germany and Ireland 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission,1 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 

Council  Regulation  (EU)  No  57/20112  fixes  for  2011  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.  

The  scientific  assessment  of  cod  in  the  Celtic  Sea  has  improved,  and  has  confirmed 
that the advice on which the current TAC is based underestimated the strong year class 
of  2009  and  thus  the  dynamic  increase  in  biomass  for  this  stock.  Further  to  the  new 
selectivity  measures  planned  by  the  North  Western  Regional  Advisory  Council 
(NWWRAC), which would reduce the risk of haddock and whiting discards in this cod 
fishery,  it  is  appropriate  to  adapt  the  TAC  for  cod  in  the  Celtic  Sea  to  the  new 
scientific advice for the remainder of 2011. 

Article  8  of  Regulation  (EU)  No  57/2011  prohibits  fishing  for  porbeagle  in 
international  waters  (with  a  prompt  release obligation for  accidental catches). Annex 
IA  to  that  Regulation  fixes  the  total  allowable  catches  for  portbeagle  at  0  tonnes  in 
certain  ICES  zones  (with  no  provision  regarding  accidental  catches).  As  a 
consequence in some areas within Union waters catches of porbeagle are unrestricted. 
Given the status of this species and the discussions underway regarding the possibility 
of its listing under the CITES convention (Appendix III) it is necessary to implement a 
consistent protection for porbeagle in all areas. 

Since 1986, a cod fishery in international waters of I and IIa (Barents Sea) has been 
exploited  by  means  of  an  autonomous  quota  established  by  the  EU.  In  order  to 
maintain  the  EU's  consistent  approach  towards  sustainable  fisheries  management,  a 

REFERENCE TO BE INCLUDED 
Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 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, OJ L 24, 27.1.2011, p. 1–125 

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(5) 

(6) 

(7) 

(8) 

directed  haddock  quota  should  be  established  in  the  same  area,  which  would  also 
cover  by-catches  taken  in  the  cod  fishery.  The  EU  2011  quota  level  should  be 
established, without prejudice to any permanent allocation key which could be agreed 
in the  Council for 2012,  and  should  be based upon a 10-year average (from 2001 to 
2010)  of  Member  State  catches,  using  data  provided  by  those  Member  states  with  a 
track record in the fishery, namely France, Germany, Ireland, Poland, Portugal, Spain 
and the United Kingdom.  

Council Regulation (EC) No 1342/2008 of 18 December 2008 establishes a long-term 
plan for cod stocks and the fisheries exploiting those stocks.  

According  to  Article  11  of  Regulation  (EC)  No  1342/2008  the  Council  may,  on  the 
basis  of  information  provided  by  Member  States  and  assessed  by  the  Scientific, 
Technical and Economic Committee for Fisheries (STECF), exclude certain groups of 
vessels  from  the  fishing  effort  regime  established  in  that  Regulation,  provided  that 
appropriate data is available on cod catches and discards by the vessels concerned, that 
the percentage of cod catches does not exceed 1,5 % of the total catches of the group 
of vessels and that the inclusion of the group in the effort regime would constitute an 
administrative burden disproportionate to its overall impact on cod stocks.  

Based  on  that  Article  11,  Council  Regulation  (EC)  No  754/20093  excluded  certain 
groups of vessels from the fishing effort regime laid down in Chapter III of Regulation 
(EC) No 1342/2008.  

Ireland  provided  information  on  cod  catches  by  a  group  of  vessels  operating  in  the 
West  of  Scotland  using  bottom  trawls  of  mesh  size  equal  to  or  larger  than  120  mm 
with  square  mesh  panels  in  the  area  stated  in  point  6.1  of  Annex  III  in  Council 
Regulation (EC) No 43/2009 and using 100 mm mesh size elsewhere in the West of 
Scotland.  On  the  basis  of  that  information,  as  assessed  by  the  STECF,  it  can  be 
established that cod catches, including discards, by that group of vessels do not exceed 
1,5%  of  their  total  catches.  Moreover,  the  control  and  monitoring  measures  in  place 
ensure  the  monitoring  and  control  of  the  fishing  activities  of  that  group  of  vessels. 
Finally,  the  inclusion  in  the  fishing  effort  regime  of  that  group  constitutes  an 
administrative  burden  disproportionate to the overall impact of  that inclusion on  cod 
stocks. It is therefore appropriate to amend Regulation (EC) No 754/2009 in order to 
exclude that group of vessels from the fishing effort regime laid down in Chapter III of 
Regulation  (EC)  No  1342/2008.  The  effort  limits  set  for  Ireland  in  Regulation  (EU) 
No 57/2011 should be amended accordingly. 

(9) 

A  group  of  vessels  from  Germany  is  currently  excluded  from  the  application  of  the 
fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008. On 
the basis of information provided by Germany in 2011, STECF was not in a position 
to  assess  whether  the  conditions  set  out  in  Article  11  of  Regulation  (EC)  No 
1342/2008  remained  fulfilled  in  the  2010  management  period.  It  is  therefore 
appropriate to re-include this group of German vessels in the abovementioned fishing 
effort regime. Regulation (EC) No 754/2009 should be amended accordingly. 

3 

Council  Regulation  (EC)  No 754/2009  of  27 July  2009  excluding  certain  groups  of  vessels  from  the 
fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008, OJ L 214, 19.8.2009, 
p. 16–17  

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(10)  Two  groups  of  vessels  from  the  United  Kingdom  are  currently  excluded  from  the 
application of the fishing effort regime laid down in Chapter III of Regulation (EC) No 
1342/2008.  On  the  basis  of  information  provided  by  the  United  Kingdom  in  2011, 
STECF was not in apposition to assess whether the conditions set out in Article 11 of 
Regulation (EC) No 1342/2008 remained fulfilled in the 2010 management period. It 
is therefore appropriate to re-include those two groups of United Kingdom vessels in 
the  abovementioned  fishing  effort  regime.  Regulation  (EC)  No  754/2009  should  be 
amended accordingly. 

(11)  Regulation (EU) No 57/2011 applies, in general, from 1 January 2011. However, the 
fishing  effort  limits  laid  down  Regulation  (EU)  No  57/2011  apply  for  a  one-year 
period  starting  from  1  February  2011.  As  a  consequence  ,  the  provisions  of  this 
Regulation concerning catch limits and allocations should apply from 1 January 2011 
and  the  provisions  of  this  Regulation  concerning  fishing  effort  limits  should  apply 
from  1  February  2011.  Such  retroactive  application  will  be  without  prejudice  to  the 
principle  of  legal  certainty  as  the  fishing  opportunities  concerned  have  not  yet  been 
exhausted.  Since  modifications  of  effort  regimes  have  a  direct  influence  on  the 
economic  activities  of  the  fleets  concerned,  this  Regulation  should  enter  into  force 
immediately after its publication. 

HAS ADOPTED THIS REGULATION: 

Article 1 
Amendment to Regulation (EU) No 57/2011 

Regulation (EU) No 57/2011 is amended as follows: 

(1) 

In Annex IA, the entry for cod in VIIb, VIIc, VIIe-k, VIII, IX and X; EU waters of 
CECAF 34.1.1 is replaced by the following: 

"Species: 

Belgium 
France 
Ireland 
The Netherlands 
United Kingdom 
EU 

TAC 

(2) 

“Species: 

Denmark 
France 
Germany 
Ireland 

Cod 
Gadus morhua 

Zone: 

VIIb,  VIIc,  VIIe-k,  VIII,  IX  and  X;  EU 
waters of CECAF 34.1.1  
(COD/7XAD34) 

Analytical TAC 
Article 12 of this Regulation applies. 

 240 
3 934 
 780 
 1 
 424 
5 379 

5 379" 

In Annex IA, the entry for porbeagle in EU and international waters of III, IV, V, VI, 
VII, VIII, IX, X and XII is replaced by the following: 

Porbeagle 
Lamna nasus 

Zone: 

French Guyana waters, Kattegat; EU waters 
of Skagerrak, I, II, III, IV, V, VI, VII, VIII, 
IX,  X, XII  and XIV;  EU  waters  of  CECAF 
34.1.1, 34.1.2 and 34.2 
(POR/3-1234) 

Analytical TAC 

0 
0 
0 
0 

(1) 
(1) 
(1) 
(1) 

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Spain 
United Kingdom 
EU 

TAC 

(1) 

(3) 

0 
0 
0 
0 
0 

(1) 
(1) 
(1) 
(1) 
(1) 

Catches of this species shall be promptly released unharmed to the extent practicable.” 

In Annex IA, a new entry for Haddock in I and IIb is inserted as follows: 

"Species: 

Haddock 

Zone: 

I and IIb  

Melanogrammus aeglefinus 

HAD/1/2B. 

EU 

5 121 

(1) (2) 

Analytical TAC 

TAC 

Not relevant 

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

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

(1)  Except  Austria,  Belgium,  Bulgaria,  Cyprus,  Czech  Republic,  Denmark,  Estonia,  Finland,  Greece,  Hungary, 
Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Romania, Slovakia, Slovenia and Sweden. 
(2) The allocation of the share of the haddock stock available to the Union in the zone Spitzbergen and Bear Island 
is entirely without prejudice to the rights and obligations deriving from the 1920 Treaty of Paris." 

(4) 

In Annex IA, the entry for Norway lobster in VII is replaced by the following: 

"Species: 

Spain 
France 
Ireland 
United Kingdom 
EU 

TAC 

Norway lobster 
Nephrops norvegicus 

Zone: 

VII 
(NEP/07.) 

Analytical TAC 
Article 13 of this Regulation applies 

1 306 
5 291 
8 025 
7 137 
21 759 

21 759 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1)  Of which no more than the following quotas may be taken in VII (Porcupine Bank – Unit 16) (NEP/*07U16): 

Spain 

France 

Ireland 

United Kingdom 

EU 

 377 

 241 

 454 

 188 

 1 260" 

(5) 

The following entry is added to Annex ID: 

“Species: 

Porbeagle 
Lamna nasus 

Zone:  Mediterranean 

(POR/AE045W) 

EU 

TAC 

(1) 

(6) 

0 

0 

(1) 
(1) 

Catches of this species shall be promptly released unharmed to the extent practicable.” 

Appendix 1 of Annex IIA is amended as follows: 

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(a) 

In  table  (b),  the  column  concerning  Germany  (DE)  is  replaced  by  the 
following: 

Regulated gear 
TR1 

TR2 

TR3 

BT1 

BT2 

GN 

GT 

LL 

"DE 
1 166 735 

436 666 

257 

29 271 

1 525 679 

224 484 

467 

0” 

(b) 

In table (d) the columns for Germany (DE), Ireland (IE) and UK are replaced 
by the following: 

Regulated 
gear 
TR1 

"DE 

IE 

UK 

12 427 

107 088 

1 377 697 

TR2 

TR3 

BT1 

BT2 

GN 

GT 

LL 

0 

0 

0 

0 

35 442 

0 

0 

479 043 

3 914 022 

273 

0 

3 801 

5 697 

1 953 

4 250 

16 027 

117 544 

4 626 

213 454 

145 

630 040" 

Article 2  
Amendment to Regulation (EC) No 754/2009 

In Regulation (EC) No 754/2009, Article 1 is amended as follows: 

(a) points (c), (d) and (f) are deleted; 

(b) the following point (h) is added:  

"(h) the group of vessels flying the flag of Ireland, participating in the fishery indicated in the 
request  from  Ireland  dated  11  March  2011,  operating  in  the  West  of  Scotland  using  bottom 
trawls of mesh size equal to or larger than 120 mm with square mesh panels in the area stated 
in  point  6.1  of  Annex  III  to  Regulation  (EC)  No  43/2009  and  using  100  mm  mesh  size 
elsewhere in the West of Scotland."  

Article 3 

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

Article 1(1), (2), (3), (4) and (5) shall apply from 1 January 2011. 

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Article 1(6) and Article 2 shall apply from 1 February 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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