Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing specific conditions to fishing for deep-sea stocks in the North-East Atlantic and provisions for fishing in international waters of the North-East Atlantic and repealing Regulation (EC) No 2347/2002
Date: 2012-07-19
Institutions: European Commission
Subjects: Atlantic Ocean, North-West Atlantic Fisheries Organisation, deep-sea fishing, exploitation of the seas, fishery management, fishing controls, fishing net, fishing rights, international waters

EUROPEAN COMMISSION 

Brussels, 19.7.2012  
COM(2012) 371 final 

2012/0179 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing specific conditions to fishing for deep-sea stocks in the North-East Atlantic 
and provisions for fishing in international waters of the North-East Atlantic and 
repealing Regulation (EC) No 2347/2002 

{SWD(2012) 202 final} 
{SWD(2012) 203 final} 

EN 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The deep-sea fisheries in the North-East Atlantic are partly dominated by traditional coastal 
fleets  (Portugal)  and  large  nomadic  trawlers  (France,  Spain).  Altogether  they  account  for 
approximately 1% of landings from the North-East Atlantic, although the economic viability 
of  a  number  of  fishing  communities  depends  to  a  certain  extent  on  deep-sea  fisheries.  The 
fisheries  are  pursued  in  Union  waters  and  in  international  waters  governed  by  agreements 
within the North East Atlantic Fisheries Commission (NEAFC). 

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. Deep-sea fisheries have only since 2003 been subject to detailed management on 
fishing opportunities (total allowable catch, maximum fishing effort). Before this, the fishery 
developed  largely  unregulated  and  partly  showed  typical  symptoms  of  the  "race  to  fish" 
problem, resulting in the depletion of stocks.  

Since the inception of management by fishing opportunities, a number of technical measures 
were put in place that restrict the use of certain gears in deeper waters or prohibit fishing in 
certain areas of high biodiversity on the sea bottom. These area closures represent follow-up 
by  the  Common  Fisheries  Policy  (CFP)  to  Member  States'  designation  of  NATURA  2000 
sites under the Habitats Directive1, or are general precautionary measures 

NEAFC  measures  in  the  area  of  deep-sea  fishing  which  were  adopted  and  transposed  into 
Union  law  comprise  the  ban  of  gillnets,  closed  areas  to  protect  benthic  habitats  which 
represent  main  sources  of  biodiversity  (vulnerable  marine  ecosystems),  the  capping  of  total 
annually  expended  fishing  effort,  and  the  mapping  of  the  existing  fishing  activity  with  the 
purpose of making new fisheries conditional on a prior environmental impact assessment.  

These and other technical measures recommended by NEAFC used to be implemented by an 
annual Council Regulation on fishing opportunities before the entry into force of the Treaty of 
Lisbon;  since  then  a  transitional  regime2  for  the  whole  North-East  Atlantic  is  in  force, 
including measures adopted in NEAFC.  

For international waters not regulated by Regional Fisheries Management Organisations the 
Union adopted a specific Regulation that prohibits the use of bottom gears in the High Seas 
without  prior  impact  assessment  (Regulation  (EC)  No  734/2008),  responding  to  the  UNGA 
resolution 61/1053 on sustainable management of deep-sea fisheries.  

1 

2 
3 

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna 
and flora, OJ L 206, 22.7.1992, p. 7. 
Regulation (EC) No 1288/2009, OJ L 347, 24.12.2009, p 6. 
A/RES/61/105 of 8 December 2006 - Sustainable fisheries, including through the 1995 Agreement for 
the  Implementation  of  the  Provisions of  the  United Nations  Convention  on  the  Law of  the  Sea  of  10 
December  1982  relating  to  the  Conservation  and  Management  of  Straddling  Fish  Stocks  and  Highly 
Migratory Fish Stocks, and related instruments.  

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Since 2002 the Union has in place a specific access regime (Regulation (EC) No 2347/2002) 
for  fishing  vessels  engaged  in  deep-sea  fisheries  of  the  North-East  Atlantic,  made  of  four 
components: capacity restriction, data collection, effort monitoring, and control.  

The  measures  so  far  taken  have  not  effectively  solved  the  main  problems  of  the  fishery, 
namely: 

(1) the high vulnerability of these stocks to fishing; many of them can only sustain a 

low fishing pressure over a longer period that is economically not viable; 

(2) fishing with bottom trawls represents the highest risk of destroying irreplaceable 
and vulnerable marine ecosystems by fishing gear. The extent of destruction that 
has already occurred is unknown; 

(3) fishing with trawls for deep-sea species involves high levels of undesired catch of 
deep-sea species (on average 20 to 40% in weight with individual peaks at much 
higher level);  

(4) determining  the  sustainable  level  of  fishing  pressure  via  scientific  advice  is 

particularly difficult. 

Due to deep-sea stocks' high vulnerability to fishing, stock depletion can occur within a short 
period  of  time,  and  recovery  might  take  very  long  or  fail.  The  stocks'  biological  state  is 
largely unknown. Some are considered depleted, others have started to stabilise at low levels 
of  exploitation.  In  general  the  fisheries  are  not  sustainable.  Fishing  opportunities  have 
consistently decreased since their regulation began. 

Biological  data  from  scientific  surveys  will  probably  remain  insufficient  to  allow  for  full 
analytical  stock  assessments  in  the  coming  years.  The  Commission  is  exploring  ways  to 
improve the system of scientific surveys and data collection with regard to deep-sea species 
for  the  next  programming  period.  For  the  time  being,  the  management  concept  aiming  at 
maximum sustainable yield (MSY) can not be applied to deep-sea stocks due to shortage of 
information.  An  important  scientific  project  ("deepfishman")  is  ongoing  until  2012.  This 
project  attempts  to  develop  harvest  rules  based  on  secondary  indicators,  given  that  the 
primary  indicators  (fishing  mortality  and  stock  size)  are  unknown  (DEEPFISHMAN4  Ref 
227390)  

Member  States'  obligation  in  accordance  with  the  Marine  Framework  Strategy  Directive  to 
achieve  or  maintain  a  good  environmental  status  of  marine  ecosystems  by  20205  fosters  a 
critical assessment of the conditions for pursuing deep-sea fisheries, including environmental 
and biodiversity aspects.  

The  general  objective  of  the  proposal  is  to  ensure  as  much  as  possible  the  sustainable 
exploitation  of  deep-sea  stocks  while  reducing  the  environmental  impact  of  these  fisheries, 
and  to  improve  the  information  base  for  scientific  assessment.  As  long  as  data  and  method 
have not achieved the required level allowing MSY-based management, the fisheries have to 
be managed according to the precautionary approach to fisheries management. 

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http://cordis.europa.eu/fetch?CALLER=FP7_PROJ_ES&ACTION=D&DOC=19&CAT=PRO

J&QUERY=01308a670983:f6dc:57618e7e&RCN=90982 
See Marine Strategy Framework Directive, Directive 2008/56/EC, OJ L 164, 25.6.2008, p. 19. 

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In order to reduce the destructive impact on the marine ecosystem, the use of bottom trawls 
should  be  phased  out  in  this  fishery,  as  they  are  most  harmful  to  vulnerable  marine 
ecosystems  and  have  shown  high  levels  of  undesired  catch  of  deep-sea  species.  The 
transitional restrictions on bottom-set gillnets in fisheries below 600m depth and in the depth-
range 200-600m should be accompanied by a prohibition to target deep-sea species. 

The  proposal  also  considers  the  opportunity  to  simplify  the  management  system  for  these 
stocks,  currently  subject  to  a  double  instrument:  catch  limitations  and  capacity/effort 
limitation.  Where  this  duplication  is  not  necessary  to  achieve  the  objectives  of  this 
Regulation, proposals are made to regulate the concerned fisheries with only one management 
instrument. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Following  the  Communication  on  the  review  of  the  2002  access  regime  to  the  European 
Parliament  and  the  Council6,  the  Commission  conducted  an  impact  assessment  of  future 
policy options by involving Member States and Regional Advisory Councils (RACs). It also 
consulted  the  Scientific,  Technical  and  Economic  Committee  for  Fisheries  (STECF)  on 
certain technical aspects of the management of deep-sea fisheries. 

The responses to the consultation showed a broad agreement on the need to improve the 2002 
access  regime.  However,  stakehoder's  views  diverged  significantly  on  the  measures  to  be 
implemented: 

Member  States  highlighted  the  limited  value  of  effort  reporting,  effort  management  and 
capacity management in the current set-up, in particular in view of the fact that the registered 
capacity (based on the authorisations issued) does not really match the reality of the fishery. 
Too many vessels seem to have an authorisation to fish deep-sea species which make up only 
a  small  proportion  of  their  total  catches.  Such  vessels  do  not  really  belong  in  a  deep-sea 
fishing métier. Member States were also critical about the discarding, which they claimed was 
partly  induced  by  fisheries  regulation.  They  also  stressed  the  importance  of  adapting  the 
access regime to the new control framework. They were cautious in relation to pre-defining 
the  management  approach,  at  least  before  the  conclusions  of  the  ongoing  scientific  project 
"DEEPFISHMAN" were established. 

Concerning  the  list  of  species  covered,  Member  States  acknowledged  the  need  for  coherent 
criteria  but  stressed  that  any  changes  would  have  consequences  for  the  fishing  patterns  and 
management.  Furthermore,  they  underlined  the  importance  of  respecting  established  rights 
under  the  principle  of  relative  stability.  Finally,  concerning  the  special  obligations  on  data 
collection, they opposed higher scientific coverage through on-board observers and supported 
the  integration  of  the  deep-sea  specific  data  collection  into  the  broader  data  collection 
framework,  according  to  which  some  métiers  focussing  on  deep-sea  species  are  already 
sampled.  Some  doubt  was  expressed  as  to  whether  the  costs  involved  in  moving  towards 
analytical  stock  assessments  could  be  justified  in  view  of  the  small  activity,  favouring 
therefore a precautionary management approach based on stock trends observed. 

6 

COM(2007)30 final. 

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The Union's North-Western and South-Western Waters RACs were consulted and underlined 
the need for a consistent definition of deep-sea fisheries, and supported targeting management 
measures to those vessels that are specialised in the métier. However, they suggested not to 
prohibit those vessels from returning to the fishery which had a previous track record and then 
contributed  to  stock  recovery  by  turning  to  other  fisheries  in  more  recent  times.  Effort 
management  by  métier  was  proposed,  which  might  look  different  for  the  groups  of  a  few 
multi-métier  large vessels compared  to groups of  many  small  vessels.  They  called  for  more 
action aiming at the protection of vulnerable marine ecosystems and a system of allocation, 
renewal and withdrawal of fishing authorisations. 

An alliance of non-governmental organisations (the Deep-sea Conservation Coalition) pointed 
to the need for introducing conditions to the use of bottom trawls similar to those applied in 
the High Sea, and stressed the unresolved problem of undesired catch of deep-sea species in 
the trawl fishery. 

The assessment of  impacts resulting from different policy choices focussed on five options. 
Three  of  them  were  not  further  considered  because  they  were  considered  not  representing 
meaningful  management  approaches,  with  disadvantages  largely  outweighing  advantages, 
namely:  (a)  to  continue  the  current  regime  amending  it  only  by  needed  updates;  (b)  to  ban 
fishing for deep-sea species altogether, and (c) to scale the regime down to being a tool for 
transposing measures adopted in NEAFC and applying those measures also in Union waters. 

The two options with relative advantage were: (d) to phase out the most harmful fishing gears 
targeting  deep-sea  species,  or  (e)  to  introduce  in  Union  waters  management  standards  that 
were developed for bottom fishing on the High Sea. Option (d) was retained as being a more 
effective and simpler instrument, while option (e) would result in adding extensive regulatory 
requirements  and  their  inherent  constraints  to  investment  to  a  fishery  already  in  decline.  In 
view  of  fisheries  administrations  being  scaled  down  due  to  budgetary  austerity  measures, 
there is no sufficient assurance of implementation on the ground of additional and extensive 
measures. 

Concerning  simplification,  the  current  reporting  system  on  species-related  fishing  effort 
should  be  discontinued.  Monitoring  of  fishing  effort  can  better  be  ensured  as  a  regular 
exercise by annual data calls under the Data Collection Framework7, accompanied by ad hoc 
administrative  reporting  requests  from  the  Commission,  the  latter  to  be  used  for  instance 
where  there  are  doubts  on  the  compliance  with  effort  limits  or  when  the  data  quality  is 
insufficient.  The  scope  of  the  Regulation  has  been  refined  in  order  to  ensure  that  this 
Regulation  fully  concerns  vessels  which  are  targeting  deep-sea  species,  while  ensuring  that 
vessels which have these species in their by-catch do not expand the fishery. Furthermore, the 
specific  data  collection  rules  will  be  aligned  with  the  Data  Collection  Framework,  ensuring 
that  Member  States  use  the  same  statistical  standards  and  feed  the  collected  data  into  one 
unique  storage  and  processing  system.  Non-compliance  with  scientific  data  collection 
standards  would  result  in  the  subsequent  loss  of  fishing  opportunities  as  a  precautionary 
management measure. 

7 

Based on Regulation (EC) No 199/2008. 

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This  proposal  establishes  a  framework  Regulation  for  exercising  fishing  activity  targeting 
deep-sea  species  in  the  North-East  Atlantics,  comprising  Union  waters  including  outermost 
regions of Spain and Portugal, and international waters. 

Article  43(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union  serves  as  the  legal 
basis. This proposal falls under  exclusive competence of the Union 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.  

Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and 
sustainable exploitation of fisheries resources under the Common Fisheries Policy establishes 
the  general  framework  for  the  CFP.  According  to  Article  4  thereof,  Union  measures 
governing access to waters and resources and the sustainable pursuit of fishing activities shall 
be established. 

The proposal complies with the proportionality principle. Member States are able to develop 
measures  for  their  own  fleets  that  lead  to  a  more  sustainable  management  of  deep-sea 
resources. However, many deep-sea stocks are shared between Member States (in some cases 
the fleet of one Member State is mostly present in the waters of another Member State).This 
makes Member States reluctant to submit their own fleets to restrictive measures unless the 
same or equivalent rules apply to neighbouring fleets. 

A  regulation  at  Union  level  is  the  chosen  instrument  of  action.  Self-regulation  is  not 
considered an option. According to the experience with the development of unregulated deep-
sea  fisheries,  it  cannot  be  expected  with  sufficient  assurance  that  the  sector  would  develop 
and enforce its own code of conduct to ensure that it harvests these resources sustainably. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implications for the Union budget. 

EN 

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2012/0179 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing specific conditions to fishing for deep-sea stocks in the North-East Atlantic 
and provisions for fishing in international waters of the North-East Atlantic and 
repealing Regulation (EC) No 2347/2002 

THE EUROPEAN PARLIAMENT 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 Commission8, 

After transmission of the draft legislative act to the national Parliaments, 

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

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

8 
9 
10 
11 

Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and 
sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries  Policy10 
requires  the  establishment  of  Community  measures  governing  access  to  waters  and 
resources and the sustainable pursuit of fishing activities and necessary to ensure the 
rational and responsible exploitation of resources on a sustainable basis. Article 2 of 
that  Regulation  requires  applying  the  ecosystem  and  precautionary  approaches  in 
taking measures to minimise the impact of fishing activities on marine ecosystems.  

The  Union  is  committed  to  implement  the  Resolutions  adopted  by  the  General 
Assembly  of  the  United  Nations,  in  particular  Resolutions  61/105  and  64/72,  which 
call  on  States  and  Regional  Fisheries  Management  Organisations  to  ensure  the 
protection  of  vulnerable  deep-sea  marine  ecosystems  from  the  destructive  impact  of 
bottom fishing gears, as well as the sustainable exploitation of deep-sea fish stocks. 

The  Commission  evaluated  Regulation  (EC)  No  2347/2002  establishing  specific 
access  requirements  and  associated  conditions  applicable  to  fishing  for  deep-sea 
stocks11. The Commission found12 in particular, that the scope of the fleet concerned 

, , p. . 
, , p. . 
OJ L 358, 31.12.2002, p. 59. 
OJ L 351, 28.12.2002, p. 6. 

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was too large, that there was guidance lacking on control in designated ports and on 
sampling programmes, and that the quality of Member States' reporting of effort levels 
was too variable.  

(4) 

In order to maintain necessary reductions in fishing capacity achieved so far in deep-
sea fisheries, it is appropriate to provide that fishing for deep-sea species is subject to a 
fishing  authorisation  which  limits  the  capacity  of  vessels  eligible  to  land  deep-sea 
species.  With  a  view  to  focus  management  measures  on  the  part  of  the  fleet  most 
relevant for deep-sea fisheries, the fishing authorisations should be issued according to 
target or by-catch fishery. 

(5) 

Holders  of  a  fishing  authorisation  allowing  the  catch  of  deep-sea  species  should 
cooperate in scientific research activities leading to an improvement in the assessment 
of deep-sea stocks and deep-sea ecosystems. 

(6)  When targeting other species in areas on the continental slope also authorised to deep-
sea fisheries, vessel owners should keep a fishing authorisation allowing deep-sea by-
catches. 

(7) 

(8) 

Deep-sea  fishing  with  bottom  trawls  carry  the  highest  risk  for  vulnerable  marine 
ecosystems among the different gears used and reports the highest rates of undesired 
catch  of deep-sea species. Bottom trawls should therefore be permanently  prohibited 
from the targeting of deep-sea species.  

Bottom-set  gillnets  are  currently  restricted  in  entering  deep-sea  fisheries  by  Council 
Regulation  (EC)  No  1288/2009  establishing  transitional  technical  measures  from  1 
January  2010  to  30  June  201113.  In  view  of  the  high  rates  of  undesired  catch  when 
they were deployed unsustainably in deep waters, and in view of the ecological impact 
of lost and abandoned gear, this gear should also be permanently prohibited from the 
targeting of deep-sea species.  

(9) 

However,  in  order  to  provide  fishermen  with  sufficient  time  to  adjust  to  the  new 
requirements  current  fishing  authorisations  for  fishing  with  bottom  trawls  and 
bottom-set gillnets should continue to be valid for a specified period of time. 

(10)  Moreover, vessels which have to change gear in order to be able to stay in the fishery 
should be eligible for receiving financial assistance from the European Fisheries Fund 
provided that the new gear reduces the impact of fishing on non-commercial species 
and provided also that the national operational programme allows contributing to such 
measures. 

(11)  Vessels  targeting  deep-sea  species  with  other  bottom  gear  should  not  extend  their 
range  of  operation  according  to  their  authorisation  within  Union  waters,  unless 
expansion  can  be  assessed  as  not  carrying  a  significant  risk  of  negative  impact  on 
vulnerable marine ecosystems. 

12 
13 

COM(2007) 30 final. 
OJ L 347, 24.12.2009, p. 6. 

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(12)  Scientific  advice  concerning  certain  fish  stocks  found  in  the  deep-sea  indicates  that 
these  stocks  are  particularly  vulnerable  to  exploitation,  and  that  fishing  for  these 
stocks should be limited or reduced as a precautionary measure. Fishing opportunities 
for deep-sea stocks should not go beyond those levels which are scientifically advised 
as precautionary. In the case of advice being absent for lack of sufficient information 
about stocks or species, no fishing opportunities should be allocated.  

(13)  Scientific  advice  further  indicates  that  fishing  effort  limits  are  an  appropriate 
instrument for fixing fishing opportunities for deep-sea fisheries. In view of the large 
variety  of  gears  and  fishing  patterns  present  in  deep-sea  fisheries,  and  the  need  to 
develop  accompanying  measures  tackling  the  environmentally  weak  points  of  the 
fisheries indivdually, fishing effort limits should only replace catch limits when it can 
be ensured that they are adapted to specific fisheries. 

(14) 

In  order  to  ensure  an  adapted  management  of  the  specific  fisheries,  Member  States 
concerned should be empowered to take accompanying conservation measures and to 
annually  assess  the  effort  levels'  consistency  with  scientific  advice  on  sustainable 
exploitation.  The  regionally  adapted  effort  limits  should  also  replace  the  existing 
global limit on fishing effort agreed in the North-East Atlantic Fisheries Commission 
(NEAFC). 

(15)  Given  that  biological  information  can  best  be  collected  by  way  of  harmonised  data 
collection standards, it is appropriate to integrate data collection on deep-sea métiers 
into the general framework of scientific data collection, while ensuring the provision 
of  additional  information  necessary  to  understand  the  dynamics  of  the  fisheries.  For 
simplification  purposes,  the  effort  reporting  by  species  should  be  discontinued  and 
replaced  by  the  analysis  of  recurrent  scientific  data  calls  to  Member  States  which 
contain a specific chapter on deep-sea métiers. 

(16)  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  policy14  lays  down  control  and  enforcement  requirements  concerning 
multiannual  plans.  Deep-sea  species,  by  nature  vulnerable  to  fishing,  should  receive 
the  same  attention  in  terms  of  control  as  other  conservation  species  for  which  a 
multiannual management plan has been agreed. 

(17)  Holders  of  a  fishing  authorisation  allowing  for  the  catch  of  deep-sea  species  should 
lose their authorisation as far as the catching of deep-sea species is concerned if they 
do not comply with relevant conservation measures. 

(18)  The Convention on future multilateral cooperation in the North-East Atlantic fisheries 
was approved by Decision 81/608/EEC and entered into force on 17 March 1982. That 
convention provides for an appropriate framework for multilateral cooperation on the 
rational conservation and management of fishery resources in international waters of 
the North-East Atlantic. Management measures adopted in NEAFC comprise technical 
measures  for  the  conservation  and  management  of  species  regulated  within  NEAFC 
and for the protection of marine vulnerable habitats, including precautionary measures. 

14 

OJ L 343, 22.12.2009, p. 1. 

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(19)  The  Commission  should  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 290 TFEU to specify measures accompanying annual effort limits if Member 
States fail to take them or if the measures they adopt are deemed not to be compatible 
with the objectives of this regulation or insufficient in respect of the aims indicated in 
this regulation. 

(20)  The  Commission  should  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  290  TFEU,  which  may  be  necessary  to  amend  or  supplement  non-essential 
elements of this Regulation in cases of absence or insufficiency of the accompanying 
measures adopted by the Member States and linked to annual effort limits, when these 
replace catch limits. 

(21) 

It  is  therefore  necessary  to  put  in  place  new  rules  to  regulate  fishing  for  deep-sea 
stocks in the North-East Atlantic and to repeal Regulation (EC) No 2347/2002. 

(22)  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, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 
GENERAL PROVISIONS 

Article 1 
Objectives 

The objectives of this Regulation are the following: 

(a) 

(b) 

(c) 

to ensure the sustainable exploitation of deep-sea species while minimising the impact 
of deep-sea fishing activities on the marine environment; 

to  improve  the  scientific  knowledge  on  deep-sea  species  and  their  habitats  for  the 
purposes referred to in point (a); 

to implement technical measures on fisheries management recommended by the North 
East Atlantic Fisheries Commission (NEAFC). 

Article 2 
Scope 

This  Regulation  applies  to  fishing  activities  or  intended  fishing  activities  in  the  following 
waters: 

(a) 

Union  waters  of  International  Council  for  the  Exploration  of  the  Sea  (ICES)  sub-
areas II to XI and of Fishery Committee for the Eastern Central Atlantic (CECAF) 
areas 34.1.1, 34.1.2 and 34.2,  

(b) 

international waters of CECAF areas 34.1.1, 34.1.2 and 34.2 and  

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(c) 

the Regulatory Area of the NEAFC, 

Article 3 
Definitions 

1. 

For  the  purposes  of  this  Regulation,  the  definitions  laid  down  in  Article  3  of 
Regulation  (EC)  No  2371/2002  and  Article  2  of  Council  Regulation  (EC)  No 
734/200815 shall apply. 

2. 

In addition, the following definitions shall apply: 

(a) 

(b) 

(c) 

"ICES zones" are as defined in Regulation (EC) No 218/2009 of the European 
Parliament and of the Council16; 

"CECAF  areas"  are  as  defined  in  Regulation  (EC)  No 216/2009  of  the 
European Parliament and of the Council17;  

"Regulatory Area of the NEAFC" means the waters subject to the Convention 
on  future  multilateral  cooperation  in  North-East  Atlantic  fisheries  which  lie 
beyond the waters under the fisheries jurisdiction of the contracting parties to 
that Convention; 

(d) 

"deep-sea species" means the species listed in Annex I;  

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

"most  vulnerable  species"  means  the  deep-sea  species  indicated  in  the  third 
column 'Most vulnerable (x)' of the table in Annex I; 

"métier" means fishing activities targeting certain species by a certain gear in a 
certain area; 

"deep-sea métier" means a métier that targets deep-sea species according to the 
indications laid down in Article 4(1) of this regulation. 

"fisheries monitoring centre" means an operational centre established by a flag 
Member  State  and  equipped  with  computer  hardware  and  software  enabling 
automatic data reception, processing and electronic data transmission; 

"scientific advisory body" means an international fisheries scientific body that 
meets international standards for research-based scientific advice. 

"maximum  sustainable  yield"  means  the  maximum  catch  that  may  be  taken 
from a fish stock indefinitely. 

15 
16 
17 

OJ L 201, 30.7.2008, p. 8. 
OJ L 87, 31.3.2009, p. 70. 
OJ L 87, 31.3.2009, p. 1. 

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CHAPTER II 
FISHING AUTHORISATIONS 

1. 

2. 

3. 

4. 

5. 

Article 4 
Types of fishing authorisations  

Fishing  activities  targeting  deep-sea  species  carried  out  by  a  Union  fishing  vessel, 
shall  be  subject  to  a  fishing  authorisation,  which  shall  indicate  deep-sea  species  as 
the target species.  

For  the  purposes  of  paragraph  1,  fishing  activities  are  deemed  to  target  deep-sea 
species, if: 

(a) 

deep-sea species are noted as target in the vessel's fishing calendar, or 

(b) 

(c) 

a  gear  that  is  only  used  to  catch  deep-sea  species  is  carried  on  board  of  the 
vessel or deployed in the area of operation, or  

the  vessel's  master  records  in  the  logbook  a  percentage  of  deep-sea  species 
equal  or  superior  to  10%  of  the  overall  catch  weight  in  the  fishing  day 
concerned. 

Fishing  activities  not  targeting  deep-sea  species  but  catching  deep-sea  species  as  a 
by-catch,  carried  out  by  a  Union  fishing  vessel,  shall  be  subject  to  a  fishing 
authorisation, which shall indicate deep-sea species as by-catch. 

The two types of fishing authorisations referred to in paragraphs 1 and 3 respectively 
shall be clearly distinguishable in the electronic database referred to in Article 116 of 
Regulation (EC) No 1224/2009.  

Notwithstanding  paragraphs  1  and  3,  fishing  vessels  may  catch,  retain  on  board, 
tranship or land any quantity of deep-sea species without a fishing  authorisation, if 
that quantity is below a  threshold set  at  100  kg  of  any  mixture of deep-sea species 
per fishing trip. 

Article 5 
Capacity management 

The  aggregate  fishing  capacity  measured  in  gross  tonnage  and  in  kilowatt  of  all  fishing 
vessels holding a fishing authorisation issued by a Member State, allowing the catch of deep-
sea  species,  whether  as  target  or  by-catch  species,  shall  at  no  time  exceed  the  aggregate 
fishing  capacity  of  vessels  of  that  Member  State  which  have  landed  10  tonnes  or  more  of 
deep-sea species during any of the two calendar years preceding the entry into force of this 
Regulation, whichever year provides the higher figure. 

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Article 6 
General requirements for applications for fishing authorisations  

Each application for a fishing authorisation allowing for the catch of deep-sea species whether 
as target or by-catch species, and for its renewal shall be accompanied by a description of the 
area  where  it  is  intended  to  conduct  fishing  activities,  the  type  of  gears,  the  depth  range  at 
which the activities will be deployed, and of the individual species targeted. 

Article 7 
Specific requirements for applications for and issuance of fishing authorisations allowing 
the use use of bottom gears in fishing activities targeting deep-sea species 

1. 

2. 

In  addition  to  the  requirements  set  out  in  Article  6,  each  application  for  a  fishing 
authorisation for targeted deep sea fisheries, as referred to in Article 4(1), that allows 
the  use  of  bottom  gears  in  Union  waters  as  referred  to  in  Article  2(a),  shall  be 
accompanied by a detailed fishing plan specifying: 

(a) 

(b) 

the locations of the intended activities targeting deep-sea species in the deep-
sea métier. The location(s) shall be defined by coordinates in accordance with 
the World Geodetic System of 1984;  

the  locations,  if  any,  of  activities  in  the  deep-sea  métier  during  the  last  three 
full  calendar  years.  Those  location(s)  shall  be  defined  by  coordinates  in 
accordance  with  the  World  Geodetic  System  of  1984  and  they  shall 
circumscribe the fishing activities as closely as possible. 

Any fishing authorisation issued on the basis of an application made in accordance 
with  paragraph  1  shall  specify  the  bottom  gear  to  be  used  and  limit  the  fishing 
activities authorised to the area in which the intended fishing activity, as set out in 
paragraph 1(a), and the existing fishing activity, as set out in paragraph 1(b), overlap. 
However, the area of the intended fishing activity can be extended beyond the area of 
the existing fishing activity if the Member State has assessed and documented, based 
on scientific advice, that such extension would not have significant adverse impacts 
on vulnerable marine ecosystems. 

Article 8 
Participation by vessels in deep-sea fishery data collection activities  

Member  States  shall  include  the  necessary  conditions  in  all  fishing  authorisations  issued  in 
accordance with Article 4 to ensure that the vessel concerned participates, in cooperation with 
the  relevant  scientific  institute,  in  any  data  collection  scheme  whose  scope  would  comprise 
the fishing activities for which authorisations are delivered. 

Article 9 
Expiry of fishing authorisations targeting deep-sea species for vessels using bottom trawls 
or bottom-set gillnets 

Fishing authorisations referred to in Article 4(1) for vessels using bottom trawls or bottom-set 
gillnets shall expire at the latest two years after the entry into force of this Regulation. After 

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that  date,fishing  authorisations  targeting  deep-sea  species  with  those  gears  shall  neither  be 
issued nor renewed. 

CHAPTER III 
FISHING OPPORTUNITIES AND ACCOMPANYING 
MEASURES 

SECTION 1 
GENERAL PROVISIONS 

Article 10 
Principles  

1. 

2. 

1. 

2. 

Fishing opportunities shall be fixed at a rate of exploitation of the deep-sea species 
concerned that is consistent with maximum sustainable yield. 

Where,  based  on  best  scientific  information  available,  it  is  not  possible  to  identify 
exploitation  rates  consistent  with  maximum  sustainable  yield, 
the  fishing 
opportunities shall be fixed as follows: 

a)  where  the  best  scientific  information  available  identifies  exploitation  rates 
corresponding  to  the  precautionary  approach  to  fisheries  management,  the 
fishing  opportunities  for  the  relevant  fishing  management  period  may  not  be 
fixed higher than those rates; 

b)  where  the  best  scientific  information  available  does  not  identify  exploitation 
rates corresponding to the precautionary approach to fisheries management due 
to  lack  of  sufficient  data  concerning  a  certain  stock  or  species,  no  fishing 
opportunities may be allocated for the fisheries concerned.   

SECTION 2 
MANAGEMENT BY FISHING EFFORT LIMITS 

Article 11 
Fishing opportunities by means of fishing effort limits only 

The  Council,  acting  in  accordance  with  the  Treaty,  may  decide  to  switch  from  the 
fixing  of  annual  fishing  opportunities  for  deep-sea  species  in  terms  of  both  fishing 
effort  limits  and  catch  limits  to  the  fixing  of  only  fishing  effort  limits  for  specific 
fisheries. 

For  the  purposes  of  paragraph  1,  the  fishing  effort  levels  for  each  deep-sea  métier 
that  shall  be  used  as  a  baseline  for  any  adjustmens  required  in  order  to  follow  the 
principles  set  out  in  Article  10  shall  be  the  fishing  effort  levels  assessed,  based  on 
scientific information, as consistent with the catches made by the relevant deep-sea 
métiers during the previous two calendar years. 

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3. 

Fishing effort limits fixed in accordance with paragraphs 1 and 2 shall indicate: 

(a) 

the  specific  deep-sea  métier  to  which  the  fishing  effort  limit  applies  by 
reference  to  the  regulated  gear,  the  species  targeted  and  the  ICES  zones  or 
CECAF areas within which the allowed effort may be deployed; and 

(b) 

the fishing effort unit to be used for management. 

Article 12 
Accompanying measures 

1. 

Where  annual  fishing  effort  limits  have  replaced  catch  limits  in  accordance  with 
Article  11(1),  Member  States  shall  maintain  or  put  in  place,  in  respect  of  their 
flagged vessels the following accompanying measures: 

(a)  measures  to  avoid  an  increase  of  the  overall  catching  capacity  of  the  vessels 

concerned by the effort limits. 

(b)  measures to avoid an increase in by-catches of most vulnerable species; and 

(c) 

conditions  for  effective  discard  prevention.  Those  conditions  shall  aim  at 
landing  all  fish  taken  on  board,  unless  this  would  be  contrary  to  the  rules  in 
force under the Common Fisheries Policy. 

The  measures  shall  remain  in  force  for  as  long  as  the  need  remains  to  prevent  or 
mitigate the risks identified in paragraphs 1(a), (b) and (c).  

The  Commission  shall  assess  the  effectiveness  of  the  accompanying  measures 
adopted by Member States upon their adoption. 

2. 

3. 

Article 13  
Commission measures in case of absence or insufficiency of the accompanying measures 
adopted by the Member States  

1. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  to  specify  measures 
accompanying annual effort limits as referred to in Article 12(1)(a), (b) or (c), and in 
accordance with Article 20: 

(a) 

(b) 

if  the  Member  State  concerned  does  not  notify  to  the  Commission  any 
measures adopted pursuant to Article 12 within three months after the date of 
entry into force of the fishing effort limits. 

if the measures adopted pursuant to Article 12 cease to be in force although the 
need remains to prevent or mitigate the risks identified in Article 12(1) (a), (b) 
and (c).] 

2. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  20  to  specify  measures  accompanying  annual  effort  limits,  as  referred  to  in 
Article  12(a),  (b)  or  (c),  if,  on  the  basis  of  an  assessment  carried  out  pursuant  to 
Article 12(3), 

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(a)  Member State measures are deemed not to be compatible with the objectives of 

this regulation; or 

(b)  Member State measures are deemed insufficient in respect of the aims stated in 

Article 12 (1) (a), (b) or (c). 

The accompanying measures adopted by the Commission shall aim at ensuring that 
the objectives and aims set out in this regulation are met. Upon the adoption of the 
delegated act by the Commission, any Member State measures adopted shall cease to 
to apply. 

CHAPTER IV 
CONTROL  

Article 14 
Application of the control provisions for multiannual plans 

This  Regulation  shall  be  construed  as  a  'multiannual  plan'  for  the  purposes  of 
Regulation (EC) No 1224/2009. 

Deep-sea species shall be regarded as the 'species subject to a multiannual plan' and 
the  'stocks  subject  to  a  multiannual  plan'  for  the  purposes  of  Regulation  (EC)  No 
1224/2009.  

3. 

1. 

2. 

Article 15 
Designated ports  

No  quantity  of  any  mixture  of  deep-sea  species  in  excess  of  100  kg  may  be  landed  at  any 
place other than the ports which have been designated for landing deep-sea species. 

Article 16 
Prior notification  

By  way  of  derogation  of  Article  17  of  Regulation  (EC)  No  1224/2009,  the  masters  of  all 
Union fishing vessels intending to land 100 kg or more of deep-sea species, whichever their 
length,  shall  be  required  to  notify  their  flag  Member  State's  competent  authority  of  that 
intention. 

Article 17 
Logbook entries in deep waters 

Without prejudice to Articles 14 and 15 of Regulation (EC) No 1224/2009, masters of fishing 
vessels holding an authorisation in accordance with Article 4(1) or (3) shall, when engaged in 
a deep-sea métier or when fishing below 400 m: 

(a) 

draw a new line in the paper logbook after each haul; or, 

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(b)  when they are subject to the electronic recording and reporting system, record 

separately after each haul. 

Article 18 
Withdrawal of fishing authorisations 

1. 

Without  prejudice  to  Article  7(4)  of  Regulation  (EC)  1224/2009,  the  fishing 
authorisations  referred  to  in  Article  4(1)  and  (3)  of  this  Regulation  shall  be 
withdrawn for a duration of at least one year in the following cases: 

a) 

b) 

failure to conform to the conditions set in the fishing authorisation with regard 
to  limits  on  the  use  of  gears,  allowed  areas  of  operation  or,  as  appropriate, 
catch or effort limits on the species whose targeting is allowed; or 

failure to take on board a scientific observer or to allow sampling of catches for 
scientific purposes as specified in Article 19 of this Regulation. 

2. 

Paragraph  1  shall  not  apply  if  the  failures  referred  to  therein  have  been  caused  by 
force majeure. 

CHAPTER V 
DATA COLLECTION 

Article 19 
Rules on data collection and reporting 

1. 

2. 

Member  States  shall  collect  data  on  each  deep-sea  métier  in  accordance  with  the 
rules  on  data  collection  and  the  precision  levels  laid  down  in  the  multiannual 
Community programme for collection, management and use of biological, technical, 
environmental,  and  socio-economic  data  adopted  in  accordance  with  Council 
Regulation  (EC)  No  199/200818  and  in  other  measures  adopted  under  that 
Regulation.  

The  master  of  a  vessel,  or  any  other  person  responsible  for  the  vessel's  operation, 
shall be required to take on board the scientific observer whom the Member State has 
assigned  for  his  vessel,  unless  this  is  not  possible  for  security  reasons.  The  master 
shall facilitate the discharging of the scientific observer's tasks.  

3. 

The scientific observers shall: 

(a) 

carry out their recurrent data collection tasks, as set out in paragraph 1. 

(b) 

identify  and  document  the  weight  of  any  stony  coral,  soft  coral,  sponges  or 
other  organisms  belonging  to  the  same  ecosystem  taken  on  board  by  the 
vessel's gear. 

18 

OJ L 60, 5.3.2008, p. 1. 

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4. 

5. 

6. 

1. 

2. 

3. 

4. 

5. 

In  addition  to  their  obligations  referred  to  in  paragraph  1,  Member  States  shall  be 
subject to the specific data collection and reporting requirements set out in Annex II 
for the deep sea métier.  

Data  collected  in  relation  to  the  deep-sea  métier,  including  all  data  collected  in 
accordance with Annex II, shall be treated in accordance with the data management 
process as laid down in chapter III of Regulation (EC) No 199/2008. 

Upon a request from the Commission, Member States shall submit monthly reports 
on of effort deployed and/or catches broken down by métier. 

CHAPTER V 
DELEGATED ACTS 

Article 20 
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 power to adopt delegated acts as referred to in Article 13 shall be conferred on 
the Commission for an indeterminate period of time. 

The delegation of power referred to in Article 13 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  Article  13  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  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. 

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CHAPTER VI 
EVALUATION AND FINAL PROVISIONS 

Article 21 
Evaluation 

1. 

Within six years from the entry into force of this Regulation, the Commission shall, 
on  the  basis  of  Member  States'  reports  and  scientific  advice  that  it  shall  request  to 
this  effect,  evaluate  the  impact  of  the  measures  laid  down  in  this  Regulation  and 
determine to what extent the objectives referred to in Article 1(a) and (b) have been 
achieved. 

2. 

The evaluation shall focus on trends in the following subjects: 

(a) 

the vessels that have changed to using gears with a reduced impact on the sea 
bottom, and the development of their discard levels; 

(b) 

the range of operation of vessels engaging in each deep-sea métier; 

(c) 

the  completeness  and  reliability  of  data  that  Member  States  provide  to 
scientific bodies for the purpose of stock assessment, or to the Commission in 
case of specific data calls; 

(d) 

the deep-sea stocks for which the scientific advice has improved; 

(e) 

the  fisheries  that  are  managed  according  to  fishing  effort  limits  only,  and  the 
effectiveness  of  accompanying  measures  to  eliminate  discards  and  reduce 
catches of most vulnerable species. 

Article 22 
Transitional measures  

Special fishing authorisations issued in accordance with Regulation (EC) No 2347/2002 shall 
remain valid until their replacement by fishing authorisations allowing the catch of deep-sea 
species  issued  in  accordance  with  this  Regulation,  but  shall  in  any  case  no  longer  be  valid 
after 30 September 2012. 

1. 

2. 

Article 23 
Repeal 

Regulation (EC) No 2347/2002 is repealed.  

References  to  the  repealed  Regulation  shall  be  construed  as  references  to  this 
Regulation  in  accordance  with  the  correlation  table  set  out  in  Annex  III  to  this 
Regulation]  

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Article 24 
Entry into force 

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

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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Section 1: Deep-sea species 

Annex I 

Scientific name  

Common name  

Most vulnerable (x)

Centrophorus granulosus  

Gulper shark 

Centrophorus squamosus  

Leafscale gulper shark 

Centroscyllium fabricii  

Black dogfish 

Centroscymnus coelolepis  

Portuguese dogfish 

Centroscymnus crepidater  

Longnose velvet dogfish 

Dalatias licha  

Etmopterus princeps  

Apristuris spp  

Kitefin shark 

Greater lanternshark 

Iceland catchark 

Chlamydoselachus anguineus  

Frilled shark  

Deania calcea 

Galeus melastomus 

Galeus murinus  

Hexanchus griseus 

Etmopterus spinax 

Oxynotus paradoxus  

Scymnodon ringens 

Somniosus microcephalus 

Alepocephalidae 

Alepocephalus Bairdii  

Alepocephalus rostratus 

Aphanopus carbo  

Argentina silus  

Beryx spp.  

Chaceon (Geryon) affinis 

Chimaera monstrosa 

Hydrolagus mirabilis 

Birdbeak dogfish 

Blackmouth dogfish 

Mouse catshark  

Bluntnose six-gilled shark 

Velvet belly 

Sailfin roughshark (Sharpback shark) 

Knifetooth dogfish 

Greenland shark 

Smoothheads (Slickheads)  

Baird's smoothhead  

Risso's smoothhead 

Black scabbardfish 

Greater silver smelt 

Alfonsinos 

Deep-water red crab 

Rabbit fish (rattail) 

Large-eyed rabbitfish (Ratfish) 

Rhinochimaera atlantica 

Straightnose rabbitfish 

Coryphaenoides rupestris  

Roundnose grenadier 

Epigonus telescopus 

Black cardinalfish 

Helicolenus dactilopterus 

Bluemouth (Bluemouth redfish) 

Hoplostethus atlanticus  

Orange roughy 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

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Macrourus berglax 

Molva dypterigia  

Mora moro 

Antimora rostrata 

Pagellus bogaraveo 

Phycis blennoides  

Roughhead grenadier (Rough rattail) 

Blue ling 

Common mora 

Blue antimora (Blue hake) 

Red (blackspot) seabream 

Greater Forkbeard 

Polyprion americanus 

Wreckfish 

Reinhardtius hippoglossoides 

Greenland halibut 

Cataetyx laticeps 

Hoplosthetus mediterraneus 

Silver roughy (Pink) 

Macrouridae 

Grenadiers (rattails) 

other  than  Coryphaenoides  rupestris 
and Macrourus berglax 

other than roundnose grenadier and 
roughhead grenadier  

Nesiarchus nasutus 

Black gemfish 

Notocanthus chemnitzii 

Snubnosed spiny eel 

Raja fyllae 

Raja hyperborea 

Raja nidarosiensus 

Round skate 

Arctic skate 

Norwegian skate 

Trachyscorpia cristulata 

Spiny (deep-sea) scorpionfish 

Section 2: Species regulated in NEAFC in addition  

Brosme brosme 

Conger conger 

Tusk 

Conger eel 

Lepidopus caudatus 

Silver scabbard fish (Cutless fish) 

Lycodes esmarkii 

Greater Eelpout 

Molva molva 

Ling 

Sebastes viviparus 

Small redfish (Norway haddock) 

Annex II 
Specific data collection and reporting requirements referred to in Article 18(4) 

1. 

Member States shall ensure that data collected for an area that comprises both Union 
waters and international waters shall be further disaggregated so that they refer either 
to Union waters or international waters separately. 

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2. 

3. 

4. 

Where the activity in the deep-sea métier overlaps with activity in another métier in 
the  same  area,  the  data  collection  concerning  the  former  shall  be  done  separately 
from the data collection concerning the latter. 

Discards shall be sampled in all deep-sea métiers. The sampling strategy for landings 
and discards shall cover all the species listed in Annex I as well as species belonging 
to  the  seabed  ecosystem  such  as  deep-water  corals,  sponges  or  other  organisms 
belonging to the same ecosystem . 

Where  the  applicable  multiannual  data  collection  plan  requires  the  collection  of 
fishing effort data in terms of hours fished by trawls and soak time for passive gear, 
the  Member  State  shall  collect  and  be  ready  to  present,  together  with  such  fishing 
effort data, the following additional data: 

(a) 

(b) 

geographical  location  of  the  fishing  activities  on  a  haul-by-haul  basis,  from 
vessel  monitoring  system  data  transmitted  by  the  vessel  to  the  fisheries 
monitoring centre; 

the fishing depths at which the gears are deployed in case the vessel is subject 
to reporting by electronic logbook. The master of the vessel shall notify fishing 
depth following the standardised reporting format.  

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