Proposal for a COUNCIL REGULATION amending Regulation (EU) No 2015/104 as regards certain fishing opportunities
Date: 2015-10-07
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, catch area, catch by species, catch quota, conservation of fish stocks, international waters, sea fish, sea fishing, ship's flag

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   EUROPEAN COMMISSION  Brussels, 7.10.2015  COM(2015) 487 final 2015/0236 (NLE)   Proposal for a COUNCIL REGULATION amending Regulation (EU) No 2015/104 as regards certain fishing opportunities  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Council  Regulation  (EU)  2015/104  fixes  for  2015  the  fishing  opportunities  for  certain  fish 
stocks and groups of fish stocks applicable in Union waters and, for Union vessels, in certain 
non-Union waters. These fishing opportunities are usually amended several times during the 
period  in  which  they  are  in  effect.  The  proposed  amendments  seek  to  modify  Regulation 
(EU)2015/104 as described below. 

On  19  January  2015  the  Council  adopted  Regulation  (EU)  2015/104  fixing  the  fishing 
opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, 
for  Union  vessels,  in  certain  non-Union  waters.  The  Regulation  provided  for  the  total 
allowable catch (TAC) for sprat and associated by-catches in Union waters of ICES division 
IIa  and  ICES  subarea  IV  of  227 000  tones  for  2015,  which  was  based  on  the  International 
Council for the Exploration of the Sea (ICES) advice available at the moment of setting the 
fishing opportunities. 

On 30 June 2015 ICES issued advice for sprat in the North Sea covering the period of July 
2015  –  June  2016,  which  allows  for  total  wanted  catches  for  that  period  of  not  more  than 
506 000  tones.  The  positive  advice  is  mainly  due  to  a  record  high  recruitment  and  new 
estimations of mortality and updated model input. 

As in the European Union fishing opportunities are set annually, the fishing opportunities for 
2015 should be amended to provide for a partial increase in the total allowable catch for sprat. 
This  partial  increase  in  the  2015  fishing  opportunities  will  be  taken  into  account  when 
proposing the fishing opportunities for 2016. 

According  to  the  most  recent  advice  by  ICES,  herring  in  ICES  division  IIIa  is  within  safe 
biological  limits  as  defined  in  Article  4(18)  of  Regulation  (EU)  1380/2013,  and  for  the 
purpose of Article 15(8) of that Regulation. 

The stock of herring in in Division VIIa South of 52° 30’ N and VIIg,h,j,k (Irish Sea, Celtic 
Sea  and  Southwest  of  Ireland)  was  benchmarked  in  2015  and  the  assessment  model  was 
changed. The benchmark resulted in a change in the perception of the stock, and a significant 
TAC increase is possible for 2016, according to the advice. Since this is an autumn fishery, it 
is useful for the fishing industry, and not detrimental to the stock, to have a limited increase of 
the  fishing  opportunities  already  in  2015.  This  partial  increase  in  the  2015  fishing 
opportunities will be taken into account when proposing the fishing opportunities for 2016. 

The TAC for Norway pout in ICES division IIIa and Union waters of division IIa and subarea 
IV currently applies from 1 January to 31 October 2015. As the ICES advice will be issued 
only in the last quarter of 2015, the application period of this TAC should be extended until 
the  end  of  2015,  in  order  to  avoid  that  this  stock  is  not  covered  by  any  TAC  between  1 
November and 31 December 2015. 

As  a  result  of  consultations  with  Norway,  a  total  allowable  catch  of  1500t  can  now  be 
established  for  redfish  in  Norwegian  waters  of  I  and  II.  The  Commission  proposal 
incorporates  this  agreement  and  establishes  the  EU  quota  and  the  quotas  of  Member  States 
concerned. 

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• 

Consistency with existing policy provisions in the policy area 

The  Proposal  is  consistent  with  the  Common  Fisheries  Policy,  as  laid  down  in  Regulation 
(EU) No 1380/2013. 

• 

Consistency with other Union policies 

The Proposal is consistent with other Union policies. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The Proposal is based on Article 43(3) of the Treaty.  

• 

Subsidiarity (for non-exclusive competence)  

The proposal falls under the exclusive competence of the European Union. 

• 

Proportionality 

The proposal is within the scope of the powers provided by Article 43(3) TFEU and does not 
go beyond what is necessary to achieve the purpose of that provision. 

• 

Choice of the instrument 

The Treaty provides for a Council Regulation. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable 

• 

Stakeholder consultations 

The proposal is based on the scientific advice of ICES, no formal stakeholder consultation is 
necessary due to the limited impacted of the Proposal. 

• 

Collection and use of expertise 

The proposal is based on the scientific advice of ICES. 

• 

Impact assessment 

The proposal is based on the scientific advice of ICES and complies with the objectives of the 
Common Fisheries Policy. 

4. 

BUDGETARY IMPLICATIONS 

The proposed measures will have no budgetary implications. 

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2015/0236 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 2015/104 as regards certain fishing opportunities 

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) 

(5) 

(6) 

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2 

According to the most recent advice by ICES, herring in ICES division IIIa is within 
safe biological limits as defined in Article 4(18) of Regulation (EU) 1380/20131. That 
stock should therefore be identified in  Annex  I  to  Regulation (EU) 2015/104  for the 
purposes of applying the derogation provided for in Article 15(8) of Regulation (EU) 
1380/2013. 

The scientific advice indicates that a limited increase of the 2015 total allowable catch 
(TAC)  for  herring  in  ICES  divisions  VIIg,  VIIh,  VIIj  and  VIIk  is  possible  and  is 
consistent with the objectives of the Common Fisheries Policy, set out in Article 2(2) 
of Regulation (EU) No 1380/2013. 

On  30  June  2015,  the  International  Council  for  the  Exploration  of  the  Sea  (ICES) 
issued an advice for sprat in Union waters of ICES division IIa and ICES subarea IV 
covering the period from July 2015 to June 2016, which allows for a total amount of 
wanted  catches  of  506 000  tones.  That  advice  is  mainly  due  to  a  record  high 
recruitment, new estimations of mortality and updated model inputs. 

The TAC for sprat in Union waters of ICES division IIa and ICES subarea IV for the 
year 2015 is currently fixed at 227 000 tones by Council Regulation (EU) 2015/1042. 
It should be increased, on the basis of the ICES advice of 30 June 2015, to allow for an 
optimal harvest of that stock. 

Since the ICES advice covers the period from July 2015 to June 2016, only part of the 
maximum amount of catches advised by ICES should be taken into account to increase 
the fishing opportunities for the year 2015. 

TAC  for  Norway  pout  in  ICES  division  IIIa  and  Union  waters  of  division  IIa  and 
subarea IV currently applies from 1 January to 31 October 2015. As the ICES advice 
will  be  issued  only  in  the  last  quarter  of  2015,  the  application  period  of  the  current 

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on 
the  Common  Fisheries  Policy,  amending  Council  Regulations  (EC)  No 1954/2003  and  (EC)  No 
1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council 
Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22). 
Council  Regulation  (EU)  2015/104  of  19  January  2015  fixing  for  2015  the  fishing  opportunities  for 
certain  fish  stocks  and  groups  of  fish  stocks,  applicable  in  Union  waters  and,  for  Union  vessels,  in 
certain  non-Union waters,  amending  Regulation  (EU)  No 43/2014  and repealing  Regulation  (EU)  No 
779/2014 (OJ L 22, 28.1.2015, p. 1). 

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total allowable catch for Norway pout in that area should be extended until the end of 
2015. 

(7) 

Following a transfer from Norway, EU vessels will be allowed to fish 1 500 tonnes of 
redfish in Norwegian waters of ICES subareas I and II. 

(8) 

Regulation (EU) 2015/104 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EU) 2015/104 is amended as follows:  

1. 

Annex IA is amended as follows: 

(a) 

the fishing opportunities table for herring (Clupea harengus) in IIIa is replaced 
by the following: 

Species: 

Herring (1) 

Zone: 

Clupea harengus 

IIIa  

(HER/03A.) 

Denmark 

Germany 

Sweden 

Union 

Norway 

Faroe Islands 

TAC 

(1) 

(2) 

(3) 

18 034 

(2)  Analytical TAC 

 289 

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

18 865 

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

37 188 

(2)  Article 7(3) of this Regulation applies 

5 816 

 600 

(3) 

43 604 

Catches of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. 

Special condition: up to 50 % of this amount may be fished in Union waters of IV (HER/*04-C.). 

May only be fished in the Skagerrak (HER/*03AN.). 

(b) 

the fishing opportunities table for herring (Clupea harengus) in VIIg, VIIh, VIIj 
and VIIk is replaced by the following: 

Species: 

Herring 

Zone: 

Clupea harengus 

Germany 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

TAC 

(1) 

This zone is increased by the area bounded: 

- to the north by latitude 52º 30' N, 

- to the south by latitude 52º 00' N, 

- to the west by the coast of Ireland, 

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1 185 

16 591 

1 185 

24 

19 198 

19 198 

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VIIg(1),  VIIh(1),  VIIj(1)  and 
VIIk(1) 

(HER/7G-K.) 

Analytical TAC 

Article 7(3) of this Regulation applies 

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- to the east by the coast of the United Kingdom. 

(c) 

the fishing opportunities table for Sprat (Sprattus sprattus) and associated by-
catches in Union waters of IIa and IV is replaced by the following: 

Species: 

Sprat and associated by-catches 

Zone: 

Union waters of IIa and IV 

Sprattus sprattus 

(SPR/2AC4-C) 

Belgium 

Denmark 

Germany 

France 

The Netherlands 

Sweden 

United Kingdom 

Union 

Norway 

TAC 

(1) 

(2) 

Analytical TAC 

Article 7(3) of this Regulation applies 

3 929 

310 987 

3 929 

3 929 

3 929 

(1) 

(1) 

(1) 

(1) 

(1) 

1 330 

(1) (2) 

12 967 

(1) 

341 000 

9 000 

350 000 

Without prejudice to the landing obligation, catches of dab and whiting may be counted against up to 2% of the quota (OTH/*2AC4C), provided that not 

more than 9% in total of this quota for sprat is accounted for by these catches and by-catches of those species that are accounted for under Article 15(8) of 
Regulation (EU) No 1380/2013. 
Including sandeel. 

(d) 

the footnote 4 in the fishing opportunities table for Norway pout (Trisopterus 
esmarki) and associated by-catches in IIIa; Union waters of IIa and IV shall be 
deleted. 

2. 

In Annex IB the fishing opportunities table for redfish (Sebastes spp.) in Norwegian 
waters of ICES subareas I and II is replaced by the following table: 

Species: 

Germany 

Spain  

France 

Portugal 

United Kingdom 

Union 

TAC 

Redfish 

Sebastes spp. 

  766 

  95 

  84 

  405 

  150 

1 500 

Not relevant 

Zone: 

Norwegian waters of I and II 

(RED/1N2AB.) 

Analytical TAC 

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

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

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

Article 2 

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

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Done at Brussels, 

For the Council 
The President 

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