Proposal for a COUNCIL REGULATION amending Regulation (EU) 2016/72 as regards fishing opportunities for sandeel in certain Union waters
Date: 2016-05-04
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Baltic Sea, EU waters, North Sea, Norwegian Sea, catch area, catch by species, catch quota, conservation of fish stocks, sea fish, sea fishing

EUROPEAN 
COMMISSION 

Brussels, 4.5.2016  
COM(2016) 241 final 

2016/0128 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU)  2016/72 as regards fishing opportunities for sandeel in 
certain Union waters 

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EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Council  Regulation  (EU)    2016/72  fixes  for  2016  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. 

• 

Consistency with existing policy provisions in the policy area 

The  measures  proposed  are  designed  in  accordance  with  the  objectives  and  the  rules  of  the 
Common  Fisheries  Policy  and  are  consistent  with  the  Union's  policy  on  sustainable 
development. 

• 

Consistency with other Union policies 

The  measures  proposed  are  consistent  with  other  Union  policies,  in  particular  with  the 
policies in the field of environment. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  of  this  proposal  is  Article  43(3)  of  the  Treaty  on  the  Functioning  of  the 
European Union.  

The  Union's  obligations  for  sustainable  exploitation  of  living  aquatic  resources  arise  from 
obligations set out in Article 2 of the new basic regulation of the CFP. 

• 

Subsidiarity (for non-exclusive competence)  

The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) of 
the Treaty. The subsidiarity principle therefore does not apply. 

• 

Proportionality 

The proposal complies with the proportionality principle for the following reason: the CFP is 
a common policy. According to Article 43(3) of the Treaty it is incumbent upon the Council 
to adopt the measures on the fixing and allocation of fishing opportunities. 

• 

Choice of the instrument 

Proposed instrument: 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  takes  into  account  the  feedback  form  the  stakeholders  and  national 
administrations.  

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• 

Collection and use of expertise 

The Proposal is based on the scientific advice of the International Council for the Exploration 
of the Sea (ICES). 

• 

Impact assessment 

The  scope  of  the  fishing  opportunities  regulation  is  circumscribed  by  Article  43(3)  of  the 
Treaty. 

• 

Regulatory fitness and simplification 

Not applicable. 

• 

Fundamental rights 

Not applicable. 

4. 

BUDGETARY IMPLICATIONS 

The proposed measures will have no budgetary implications. 

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

The proposed amendments seek to modify Regulation 2016/72 as described below.  

In  Regulation  (EU)  2016/72  as  amended  by  Council  Regulation  (EU)  2016/458  the  total 
allowable catch (TAC)  for sandeel in the Union waters of ICES divisions IIa, IIa and ICES 
subarea IV had been set at 79,219 tonnes, whilst the catch limit for sandeel in management 
area 1 was set at 13,000 tonnes.  Sandeel is a short lived species and results from real-time 
monitoring only becomes available in mid-May.  The TAC limit for this area now has to be 
amended according to these results and the most recent advice from ICES. 

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2016/0128 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU)  2016/72 as regards fishing opportunities for sandeel in 
certain Union waters 

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) 

1 

2 

Council Regulation (EU) 2016/721 fixes for 2016 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. 

For  the  purposes  of  the  management  of  the  fishing  opportunities  of  sandeel  in  ICES 
divisions  IIa,  IIIa  and  ICES  subarea  IV,  Annex  IID  of  Regulation  (EU)  2016/72 
defines seven management areas within which specific catch limits apply.  
In  Regulation  (EU)  2016/72  as  amended  by  Council  Regulation  (EU)  2016/4582  the 
total  allowable  catch  (TAC)    for  sandeel  in  the  Union  waters  of  ICES  divisions  IIa, 
IIIa  and  ICES  subarea  IV  had  been  set  at  79,219  tonnes,  whilst  the  catch  limit  for 
sandeel in management area 1 was set at 13,000 tonnes.  That catch limit should now 
be  amended  based  on  the  results  from  the  real-time  monitoring  and  in  line  with  the 
latest  scientific  advice  from  ICES,  in  order  to  allow  for  an  optimal  harvest  of  the 
stock.  

Regulation (EU) 2016/72 should therefore be amended accordingly. 

Since the modification of catch limits has an influence on the economic activities and 
the planning of the fishing season of Union vessels, this Regulation should enter into 
force immediately after its publication. 

The catch limits provided for in Regulation (EU) 2016/72 apply from 1 January 2016. 
The provisions of this Regulation concerning catch limits should therefore also apply 
from  that  date.  Such  retroactive  application  is  without  prejudice  to  the  principles  of 
legal  certainty  and  protection  of  legitimate  expectations  as  the  fishing  opportunities 
concerned have not yet been exhausted.  

Council  Regulation  (EU)  2016/72  of  22  January  2016  fixing  for  2016  the  fishing  opportunities  for 
certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, 
in certain non-Union waters, and amending Regulation (EU) 2015/104 (OJ L 22, 28.1.2016, p. 1)  
Council  Regulation  (EU)  2016/458 of 30 March 2016  amending  Regulation  (EU) 2016/72  as regards 
certain fishing opportunities (OJ L 80, 31.3.2016, p. 1) 

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HAS ADOPTED THIS REGULATION: 

Article 1 
Amendments to Regulation (EU)  2016/72 

The entry concerning sandeel (Ammodytes spp.) in Union waters of IIa, IIIa and IV in Annex 
IA to Regulation (EU) 2016/72 is replaced by the following: 

Species: 

Sandeel 

Zone: 

Union waters of IIa, IIIa and IV(1) 

Ammodytes spp. 

Denmark 

United Kingdom 

Germany 

Sweden 

Union 

Analytical TAC 

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

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

(2) 

(2) 

(2) 

(2) 

p.m. 

p.m. 

 p.m. 

p.m. 

p.m. 

p.m. 

TAC 

(1) 

(2) 

Excluding waters within six nautical miles of the UK baselines at Shetland, Fair Isle and Foula. 

Without prejudice to the landing obligation catches of dab, whiting and mackerel may be counted against up to 2 % of the quota (OT1/*2A3A4), provided that not 

more  than  9%  in  total  of  this  quota  for  sandeel  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. 

Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken in 
the following sandeel management areas, as defined in Annex IID: 

Zone: Union waters of sandeel management areas 

1 

 2 

3 

4 

5 

6 

7 

(SAN/234_1) 

(SAN/234_2)  

(SAN/234_3)  

(SAN/234_4)  

(SAN/234_5)  

(SAN/234_6)  

(SAN/234_7) 

Denmark 

United 
Kingdom 

Germany 

Sweden 

Union 

p.m. 

p.m. 

p.m. 

p.m. 

p.m. 

4 717 

 103 

 7 

 173 

5 000 

59 428 

1 299 

 91 

2 182 

63 000 

5 659 

 124 

 9 

 208 

6 000 

Total 

p.m. 

5 000 

63 000 

6 000 

 0 

 0 

 0 

 0 

 0 

 0 

 206 

 5 

 0 

 8 

 219 

 219 

 0 

 0 

 0 

 0 

 0 

 0 

Article 2 
Entry into force 

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

It applies from 1 January 2016. 

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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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