Proposal for a COUNCIL REGULATION amending Regulation (EU) 2016/1903 fixing for 2017 fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea
Date: 2017-01-10
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Baltic Sea, EU waters, catch area, catch by species, catch quota, conservation of fish stocks, fishing rights, sea fish, sea fishing, ship's flag

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   EUROPEAN COMMISSION  Brussels, 10.1.2017  COM(2017) 4 final 2017/0001 (NLE)   Proposal for a COUNCIL REGULATION amending Regulation (EU) 2016/1903 fixing for 2017 fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

At  its  meeting  on  10-11  October  2016,  the  Council,  by  Council  Regulation  (EU)  no 
2016/1903,  fixed  fishing  opportunities  for  Western  Baltic  cod  (subdivisions  22-24)  in  2017 
based  on  and  in  line  with  the  Baltic  Sea  Multi-annual  Management  Plan  (Regulation  (EU) 
2016/1139) and in order to ensure a rapid return of that stock to levels above the level capable 
of producing maximum sustainable yield (MSY). In line with Article 5 (2) of that Regulation, 
the  Council  set  total  allowable  catches  (quota)  at  a  level  consistent  with  a  fishing  mortality 
below the MSY point value. In line with Article 5 (2) and (3) of that Regulation, the Council 
decided further measures to ensure a rapid return of the stock to the said level.   

In particular, the Council allowed the said quota to be fished only from 1 to 31 January and 
from 1 April to 31 December 2017.  Not allowing the use of the quota for two months during 
the spawning season of the Western Baltic cod stock will facilitate the recovery of the stock 
above and beyond the quantitative reduction of catches, by improving recruitment conditions 
due to less disrupted spawning and favourable changes in its age structure. 

By incorporating the objectives of the Common fisheries policy, the Baltic Sea Multi-annual 
Management Plan (Article 3 (1) of Regulation (EU) 2016/1139) obliges the Council to ensure 
that fishing activities are environmentally sustainable in the long term  and at the same time 
consistent with the objective of achieving economic, social and employment benefits (article 
2(1) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 
December 2013). The principle of proportionality requires that the seasonal prohibition to fish 
is applied only where it is necessary to achieve its purpose, by protecting the spawning stock.  

Science indicates that spawning of Western Baltic cod takes place in sea areas deeper than 20 
metres1 whereas small coastal vessels that depend particularly on catches of cod do fish also 
in  areas  shallower  than  20  metres.  Analysis  by  the  Scientific,  Technical  and  Economic 
Committee for Fisheries (STECF) indicates that restricting fishing to areas shallower than 20 
metres,  and  only  to  vessels  below  a  length  of  15  metres,  does  not  significantly  impact  the 
simulated outcome for the stock status.  

It  is  to  be  noted  as  well  that  during  the  year  2015,  while  vessels  under  12  meters  were 
excluded from the derogation albeit subject to different conditions, the pressure on the stock 
was significantly reduced and the closure period served its objective. 

Furthermore, a total prohibition for fishing, could have an undesirable effect on another Baltic 
cod stock, i.e. an increased fishing pressure on the Eastern cod stock. 

Moreover, allowing fishing for vessels of less than 15 metres and in sea areas shallower than 
20 metres will provide a possibility for a limited number of small-scale fishermen to continue 
their fishing operations and to obtain a more stable income that would be the case if fishing 
were to discontinue altogether.  

These vessels also fish for other species, therefore discontinuing cod fishery for these vessels 
would effectively limit fishery for other species as cod is usually caught as by-catch there.  

In  order  to  ensure  the  compliance  with  the  requirement  not  to  fish  in  areas  deeper  than  20 
metres, only be granted to vessels equipped with the vessel monitoring system (VMS) should 
be entitled to fish in the said area. In accordance with Article 9(2) of Regulation 1224/2009, 
Article 9(5) of the same Regulation should not be applicable. 

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ICES WKBALTCOD Report 2015, p. 19 

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In addition, in the light of the findings of STECF, namely that the most important remedial 
measure to ensure the recovery of the stock is the limitation of the catches in order to ensure 
that  the  principle  of  responsible  exploitation  of  living  marine  biological  resources,  it  is 
appropriate to limit the application of Article 15(9) of Regulation (EU) No 1380/2013 for the 
cod stock in Subdivisions 22-24 in order to respect Regulation (EU) 2016/1139. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The measure has been assessed by the STECF and, following this assessment, was raised and 
discussed  by  the  Member  States  concerned  during  the  AGRIFISH  Council  on  12  and  13 
December 2016 as well as the Baltic Member States in December. The measure proposed can 
be  effective  in  its  entirety  only  if  it  enters  into  force  before  the  date  at  which  no  fishing 
opportunity is available, i.e. 1 February 2017. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The  proposed  amendment  seeks  to  modify  Council  Regulation  (EU)  No  2016/1903  as 
described below. 

The footnote  in  the table pertaining to  the cod  in  zone: Subdivisions 22-24 (COD/3BC+24) 
found in the annex to the Regulation (EU) No 2016/1903 will have to be modified reflecting 
the conditions under which the fishing opportunity may not be used. 

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2017/0001 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) 2016/1903 fixing for 2017 fishing opportunities for certain 
fish stocks and groups of fish stocks applicable in the Baltic Sea 

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) 

(7) 

(8) 

Council Regulation (EU)  2016/1903 establishes the fishing opportunities for cod in  
ICES Subdivisions 22-24 ('the Western Baltic cod stock' ) during the period from 1 
January to 31 January and from 1 April to 31 December 2017. 

In December 2016, the Scientific, Technical and Economic Committee for Fisheries 
(STECF)  published  its  scientific  assessment  relating  to  the  impact  of  the  fisheries 
closure  for  the  Western  Baltic  cod  stock  during  the  period  from  1  February  to  31 
March 2017.  It confirmed that the closure will be beneficial to that stock.  

The closure provided for by Regulation (EU) 2016/1903 applies also to cod fisheries 
by fishing vessel of less than 15 metres' length in areas where the water depth is less 
than 20 metres.  The assessment by the STECF however mentioned that limiting the 
cod  fishery  in  areas  where  the  water  depth  is  less  than  20  metres  and  for  fishing 
vessels of less than 15 metres' length overall does not significantly contribute to the 
recovery of the stock concerned.   

Furthermore,  completely  withholding  fishing  opportunities  in  the  Western  Baltic, 
could  have  an  undesirable  effect  on  other  Baltic  cod  stocks,  in  particular  Eastern 
stock, due to the possible displacement of fishing activities. 

In  addition,  allowing  fishing  for  vessels  less  than  15  metres  and  in  sea  areas 
shallower than 20 metres will provide a possibility for a limited number of fishermen   
to continue their fishing operations and target other species than cod. 

Therefore it is proportionate to grant vessels of less than 15 metres' length overall the 
right to fish in shallow waters up to 20 metres depth. 

No  fishing  opportunities  should  however  be  available  to  pair  trawling  vessels, 
irrespective of their length, because of the high fishing capacity of such vessels.  

In order to ensure the effective control and monitoring of the fishing area up to 20 m 
depth, it is necessary to ensure that all vessels concerned are equipped with a vessels 
monitoring  system  in  accordance  with  Article  9(2)  of  Regulation  1224/2009.  
Therefore,  Article  9(5)  of  that  Regulation,  which  allows  Member  States  to  exempt 
fishing vessels of less than 15 meters' length overall from the requirement to be fitted 
with  a  vessel  monitoring  system,  should  not  apply  in  the  Western  Baltic  cod  stock 
fisheries.  

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(9) 

(10) 

(11) 

In order to ensure the sustainable exploitation of the Western Baltic cod stock in line 
with  Regulation  (EU)  2016/1139,  the  year-to-year  flexibility  established  by  Article 
15(9)  of  Regulation  (EU)  No  1380/2013  for  the  purposes  of  the  landing  obligation 
should not apply in respect of that stock. 

Regulation (EU) 2016/1903 should therefore be amended accordingly. 

The prohibition to fish for cod in ICES Subdivisions 22-24 established by Regulation 
(EU) 2016/1903 will take effect on 1 February 2017. In order to be fully effective, 
this Regulation should therefore apply from the same date and enter into force on the 
day following that of its publication, 

-HAS ADOPTED THIS REGULATION:  

Article 1 

In  Annex  to  Regulation  (EU)  2016/1903,  the  entry  for  cod  in  ICES  Subdivisions  22-24  is 
replaced by the following:  

"Species: 

Cod 

Zone: 

Subdivisions 22-24  

Gadus morhua 

(COD/3BC+24) 

Denmark 

Germany  

Estonia  

Finland 

Latvia 

Lithuania 

Poland 

Sweden 

Union 

TAC 

2 444 

1 194 

54 

48 

202 

131 

654 

870 

5 597 

5 597 

(1) 

Analytical TAC  
Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply. 
Article 4 of Regulation (EC) No 847/96 shall not apply. 
Article 15(9) of Regulation (EU) No 1380/2013 shall not apply 

(1) This quota may be fished from 1 January to 31 January and from 1 April to 31 December 2017. However, fishing vessels 
of  less than 15 metres' length overall (except pair trawling vessels), which are equipped with a vessel's monitoring system in 
accordance  with  Article  9(2)  of  the  Regulation1224/2009,  shall  be  allowed  to  fish  this  quota  also  from  1  February  to  31 
March 2017 in areas where the water depth is less than 20 meters. Article 9(5) of Regulation 1224/2009 shall not apply.  

This  Regulation  shall  enter  into  force  on  the  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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