Proposal for a COUNCIL REGULATION on establishing the fishing opportunities for anchovy in the Bay of Biscay for the 2013/14 fishing season
Date: 2013-07-08
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, France, Spain, authorised catch, catch by species, catch quota, conservation of fish stocks, fishing area, sea fish

EUROPEAN 
COMMISSION 

Brussels, 8.7.2013  
COM(2013) 507 final 

2013/0236 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on establishing the fishing opportunities for anchovy in the Bay of Biscay for the 2013/14 
fishing season 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Council Regulations on fishing opportunities adopted during the second half of each year no 
longer includes a TAC for anchovy in the Bay of Biscay because of the different annual cycle 
followed by the biology of this stock and the scientific advice on it. An anchovy TAC needs 
to be set around July each year. 

By  way  of  Council  Regulation  (EC)  No  694/2012,  the  Council  established  the  TAC  for  the 
fishery exploiting this stock applicable from 1 July 2012 until 30 June 2013. The TAC and its 
allocation to the Member States concerned must now be fixed for the next 12 months. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Having  regard  to  the  objectives  of  the  Common  Fisheries  Policy,  laid  down  in  Council 
Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and  sustainable 
exploitation of fisheries resources under the Common Fisheries Policy, fishing opportunities 
should be established on the basis of the available scientific advice and by taking into account 
the  biological  and  socio-economic  aspects  whilst  ensuring  fair  treatment  between  fishing 
sectors.  

For  the  anchovy  stock  in  the  Bay  of  Biscay,  the  advice  from  the  Scientific,  Technical  and 
Economic  Committee  for  Fisheries  (STECF)  of  July  2013  is  based  on  a  fishing  season 
running from 1 July 2013 until 30 June 2014. 

The  advice  from  the  STECF  estimates  the  spawning  stock  biomass  to  be  approximately  56 
055  tonnes.  Having  regard  to  the  Commission  proposal  of  29  July  2009  for  a  Regulation 
establishing  a  long-term  plan  for  the  anchovy  stock  in  the  Bay  of  Biscay  and  the  fisheries 
exploiting  that  stock1  and  considering  that  the  impact  assessment  underlying  that  proposal 
provides for the most recent assessment of impact of decisions on the fishing opportunities for 
this stock, Regulation EU (No) 694/2012 fixed the TAC for this stock in accordance with the 
harvest rule set out in the proposal.  

In 2013 the methodology and biological parameters used by the International Council for the 
Exploration of the Sea (ICES) to assess the status of the anchovy stock was reviewed. In light 
of this new scientific information it may be appropriate in the near future not only to revise 
the  current  harvest  control  rule  laid  down  in  the  Commission  proposal  of  29  July  2009  but 
also  to  reconsider  other  fishing  management  measures.  In  this  case  amendments  may  be 
proposed accordingly. Until this revision is carried out it is appropriate to continue applying 
the  current  harvest  control  rule  as  it  is  confirmed  that  it  remains  precautionary  but  also 
because  it  guarantees  catch  predictability  and  stability  for  the  fishing  sector. The  relevant 
Regional  Advisory  Council  (the  South  Western  Waters  RAC)  has  been  following  these 
scientific  developments  and  informal  consultations  among  their  members  indicate  that  this 
approach is agreeable to them. The RAC will be associated to forthcoming work to reassess 
the harvest control rule and any other management rules, such as the regulatory season, which 
the Commission will undertake through its scientific advisory bodies.  

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COM(2009)399final 

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Consequently, the TAC for the fishing  season from 1 July 2013  to  30 June  2014 should, in 
accordance  with  the  harvest  rule  set  out  in  the  aforementioned  proposal,  be  established  at 
17 100 tonnes. 

The  Council  is  requested  to  adopt  this  proposal  as  soon  as  possible  in  order  to  allow 
fishermen to plan their activities for the new fishing season. 

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2013/0236 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on establishing the fishing opportunities for anchovy in the Bay of Biscay for the 2013/14 
fishing season 

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, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

It is incumbent upon the Council to establish fishing opportunities by fishery or group 
of fisheries. These fishing opportunities should be distributed among Member States in 
such a way as to ensure the relative stability of each Member State's fishing activities 
for  all  stocks  or  groups  of  stocks  and  having  due  regard  to  the  objectives  of  the 
common fisheries policy established by Council Regulation (EC) No 2371/2002 of 20 
December 2002 on the conservation and sustainable exploitation of fisheries resources 
under the Common Fisheries Policy2. 

For  the  purposes  of  suitable  stock  management  and  simplification,  it  is  appropriate 
that the TAC and Member State quotas for the stock of anchovy in the Bay of Biscay 
(ICES subarea VIII) are set for an annual management season running from 1 July to 
30  June  of  the  following  year,  rather  than  for  a  calendar  year  management  period. 
Nevertheless, the fishery should remain subject to the general provisions of Regulation 
(EU) No 39/20133 concerning the conditions for the use of quotas. 

The Bay of Biscay anchovy TAC for the 2013/14 fishing season should be established 
on  the  basis  of  scientific  advice  available,  taking  into  account  biological  and 
socioeconomic aspects and ensuring fair treatment between fishing sectors. 

In order to provide for a multiannual management of the stock of anchovy in the Bay 
of  Biscay,  on  29  July  2009,  the  Commission  presented  a  proposal  for  a  Regulation 
establishing  a  long-term  plan  for  the  anchovy  stock  in  the  Bay  of  Biscay  and  the 
fisheries  exploiting  that  stock.  Considering  that  the  impact  assessment  on  which  the 
proposal  is  based  provided  for  the  most  recent  assessment  of  the  impact  of 
management decisions for the stock, it is appropriate to fix a TAC for anchovy in the 
Bay  of  Biscay  accordingly.  The  advice  issued  by  the  Scientific,  Technical  and 
Economic  Committee  for  Fisheries  (STECF)  in  July  2013  estimated  the  spawning 
stock  biomass  to  be  approximately  56  055  tonnes.  Consequently,  the  TAC  for  the 
fishing season running from 1 July 2013 to 30 June 2014 should be established at 17 
100 tonnes. 

2 
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OJ L 358, 31.12.2002, p. 59. 
Council  Regulation  (EU)  No  39/2013  of  21  January  2013  fixing  for  2013  the  fishing  opportunities 
available  to  EU  vessels  for  certain  fish  stocks  and  groups  of  fish  stocks  which  are  not  subject  to 
international negotiations or agreements (OJ L 23, 25.1.2012, p. 1). 

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(5) 

(6) 

In  accordance  with  Article  2  of  Council  Regulation  (EC)  No  847/96  of  6  May  1996 
introducing additional conditions for year-to-year management of TACs and quotas4, 
it is necessary to establish to what extent the stock of anchovy in the Bay of Biscay is 
subject to the measures laid down in that Regulation. 

In  view  of  the  start  of  the  2013/14  fishing  season  and  for  the  purpose  of  the  annual 
reporting  of  catches,  this  Regulation  should  enter  into  force  immediately  and  apply 
from 1 July 2013, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Fishing opportunities for anchovy in the Bay of Biscay 

1. 

The  total  allowable  catch  (TAC)  and  its  allocation  between  Member  States  for  the 
fishing season running from 1 July 2013 until 30 June 2014 for the stock of anchovy 
in ICES Subarea VIII, as defined in Regulation (EC) No 218/2009 of the European 
Parliament and of the Council5, shall be as follows (in tonnes live weight): 

Species: 

Anchovy 

ICES Zone: 

VIII 

Engraulis encrasicolus 

(ANE/08.) 

Spain 

France 

EU 

TAC 

Analytical TAC 

15 390
1 710  
17 100  

17 100  

2. 

3. 

The  allocation  of  the  fishing  opportunities  as  set  out  in  paragraph  1  and  the  use 
thereof shall be subject to the conditions set out in Articles 8 and 10 of Regulation 
(EU) No 39/2013. 

The stock referred to in paragraph 1 shall be considered subject to an analytical TAC 
for the purposes of Regulation (EC) No 847/96. Article 3(2) and (3) and Article 4 of 
that Regulation shall apply. 

Article 2 
Data transmission 
When, pursuant to Articles 33 and 34  of Council  Regulation (EC) No 1224/20096, Member 
States submit to the Commission data relating to landings of quantities of anchovy caught in 
ICES Subarea VIII, they shall use the stock code “ANE/08.”. 

4 
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OJ L 115, 9.5.1996, p. 3. 
Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the 
submission  of  nominal  catch  statistics  by  Member  States  fishing  in  the  north-east  Atlantic  (OJ  L  87, 
31.3.2009, p. 70). 
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 policy, amending Regulations 
(EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) 

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

Article 3 

It shall apply from 1 July 2013. 

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

Done at Brussels,  

For the Council 
The President 

No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) 
No  1300/2008,  (EC)  No  1342/2008  and  repealing  Regulations  (EEC)  No  2847/93,  (EC)  No  1627/94 
and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1). 

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