Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2016/1139 as regards fishing mortality ranges and safeguard levels for certain herring stocks in the Baltic Sea
Date: 2017-12-18
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Baltic Sea, authorised catch, catch area, catch by species, catch quota, conservation of fish stocks, fishing controls, sea fish, sea fishing

EUROPEAN 
COMMISSION 

Brussels, 18.12.2017  
COM(2017) 774 final 

2017/0348 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2016/1139 as regards  fishing mortality ranges and safeguard 
levels for certain herring stocks in the Baltic Sea 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1. 
One of the central objectives of the reform of the current Common Fisheries Policy (CFP)1 is 
reaching  the  maximum  sustainable  yield  (MSY)  exploitation  rate  for  all  stocks  in  order  to 
restore and maintain populations of fish stocks at sustainable levels i.e. above biomass levels 
capable  of  producing  maximum  sustainable  yield  (MSY).  The  sustainable  exploitation  of 
marine  biological  resources  can  be  better  achieved  through  a  multiannual  approach  to 
fisheries  management  by  adopting  the  multiannual  fisheries  management  plans  which 
according to the current CFP  should  reflect the specificities  of the different fisheries and of 
the  stocks.  The  multiannual  management  plans  should  provide  the  framework  for  the 
sustainable exploitation of stocks defining clearly the time frame and safeguard mechanisms 
for unforeseen development in fish stock status.  

In  2013  an  Inter-institutional  Task  Force  on  multiannual  plans  was  established  between  the 
European Parliament, the Council and the European Commission for the purpose of agreeing 
on a way forward  to facilitate  the development and introduction of multiannual plans under 
the terms of the Common Fisheries Policy. It decided that the target which corresponds to the 
MSY objective, should be expressed as a range of Fmsy values provided by scientists, which 
would  then  be  fixed  by  the  co-legislators  and  established  in  the  plan.  The  Council  would 
adopt measures on the fixing and allocation of fishing opportunities on an annual basis, based 
on scientific advice and in such a way as to achieve the objectives of the plan.2 

The first multiannual management plan after the reform of the CFP was adopted for the Baltic 
Sea region. Regulation (EU)  No  2016/1139 established a multiannual plan for the stocks of 
cod,  herring  and  sprat  (stocks  concerned)  in  the  Baltic  Sea  (the  plan).  The  objective  of  the 
plan  is  to  ensure  that  the  exploitation  of  the  stocks  concerned  restores  and  maintains 
populations  of  those  stocks  above  levels  which  can  produce  MSY.  The  plan  sets  the 
quantifiable  targets,  i.e.  fishing  mortality  ranges,  as  well  as,  conservation  reference  points 
expressed  in  terms  of  MSY  Btrigger  and  Blim.  The  numerical  values  of  the  mentioned 
parameters  were  taken  from  the  scientific  advice  provided  by  International  Council  for  the 
Exploration of the Sea (ICES) in 20153. The scientific assessment conducted in 2017 shows 
that the respective MSY values for the stocks of the Bothnian Sea herring and of the Bothnian 
Bay herring have changed. 

Article 5(6) of Regulation (EU) No 2016/1139 provides that where, on the basis of scientific 
advice, the Commission considers that the conservation reference points set out in Annex II to 
that Regulation no longer correctly express the objectives of the plan, those points, as a matter 
of urgency, may be submitted for the revision to the European Parliament and the Council.  

It  is  therefore  the  intention  of  the  Commission  to  propose  an  amendment  of  the  Regulation 
(EU) No 2016/1139 in light of the most recent and the best scientific advice available. 

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2 

3 

OJ L 354, 28.12.2013, p. 22 
Task Force on multiannual plans. Final report April 2014 
http://www.europarl.europa.eu/meetdocs/2009_2014/documents/pech/dv/taskfor/taskforce.pdf 
ICES special request advice. ICES advice 2015, Book 6. EU request to ICES to provide FMSY ranges for 
selected North Sea and Baltic Sea stocks. 

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2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The  scientific  background  for  the  amendment  was  provided  by  ICES.  In  2017  ICES 
conducted an evaluation of the herring stocks in the Bothnian Sea and the Bothnian Bay4. A 
key  issue  considered  by  scientists  was  stock  identification,  i.e.  whether  to  combine  the  two 
areas  in  one  assessment  unit,  or  continue  assessing  them  separately.  It  was  decided  to 
combine the stock based on the following considerations: 

a) there is no strong biological evidence either for combining or separating the stocks;  

b) data availability does not support a good quality assessment for the Bothnian Bay herring 
and this is unlikely to be possible to improve in the future;  

c)  there  is  no  concern  for  overexploitation  of  the  smaller  stock  component  in  the  Bothnian 
Bay when merged together with a larger component of herring in the Bothnian Sea. 

As  a  result  of  merging  the  two  stocks,  the  new  MSY  reference  values  were  estimated  by 
ICES. The resulting FMSY  point value is 0.21. The corresponding FMSY ranges were calculated 
and resulted in FMSY lower equal to 0.15 and FMSY upper to 0.21. Due to the probability of stock 
biomass falling below the safeguard levels, the FMSY  upper is therefore limited to and equal to 
FMSY  point  value  of  0.21.  The  corresponding  biomass  levels  of  MSY Btrigger  and  Blim  were 
calculated to be 283 180 and 202 272 tonnes respectively.  

No  specific  impact  assessment  has  been  carried  out  as  the  impacts  of  applying  the  MSY 
concept  to  fisheries  management  have  already  been  assessed  under  the  impact  assessment 
supporting the reform of the CFP. As part of that impact assessment5, the impacts of reaching 
MSY were quantified. A further impact assessment would not add to the information already 
available from the previous assessment carried out. The changes to the existing regulation are 
in accordance of its Article 5(6) and triggered by a scientific advice . They are essential to set 
or revise, where appropriate, the annual fishing opportunities for the Baltic Sea and the proper 
functioning of the new CFP. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

The  main  action  is  to  facilitate  achieving  sustainable  fisheries  as  envisaged  under  the 
Common  Fisheries  Policy  reform  by  adapting  the  MSY  related  values  to  the  best  scientific 
advice available. 

Legal basis 

Article 43(2) of the Treaty on the Functioning of the European Union. 

Subsidiarity principle 

The proposal falls under exclusive competence of the European Union. 

Proportionality principle 

This  proposal  is  amending  measures  which  already  exist;  therefore  no  concern  on  the 
proportionality principle arises. 

4 

5

ICES. 2017. Report of the Benchmark Workshop on Baltic Stocks (WKBALT), 7–10 February 2017, 
Copenhagen, Denmark. ICES CM 2017/ACOM:30. 108 pp. 
SEC(2011) 891  

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Choice of instrument 

Proposed instrument: Regulation of the European Parliament and of the Council.  

Other means would not be adequate for the following reason: Regulations must be amended 
by a Regulation. 

4. 

BUDGETARY IMPLICATION  

This measure does not involve any additional Union expenditure  

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2017/0348 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2016/1139 as regards  fishing mortality ranges and safeguard 
levels for certain herring stocks in the Baltic Sea 

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 Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee6, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Regulation  (EU)  No  2016/1139  of  the  European  Parliament  and  of  the  Council7 
establishes a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea 
(the plan). The purpose of the plan is to contribute to the achievement of the objectives 
of  the  common  fisheries  policy  and,  in  particular,    to  ensure  that  the  exploitation  of 
living  marine  biological  resources  restores  and  maintains  populations  of  harvested 
species above levels which can produce maximum sustainable yield (MSY). 

Article 1 of Regulation (EU) No 2016/1139 defines the Baltic fish stocks concerned, 
including the Bothnian Sea herring stock and the Bothnian Bay herring stock. In order 
to  safeguard  full  reproductive  capacity  of  those  stocks,  Annexes  I  and  II  to  that 
Regulation establish certain conservation reference points, including fishing mortality 
ranges and spawning stock biomass reference points.  

The  scientific  evaluation  of  the  Bothnian  Sea  herring  stock  and  the  Bothnian  Bay 
herring stock conducted in 2017 by the International Council for the Exploration of the 
Sea  (ICES)  showed  that  those  two  stocks  are  similar.  As  a  consequence,  ICES 
combined  the  two  stocks  into  one,  changed  the  boundaries  of  its  geographic 
distribution  area  and  re-estimated  the  MSY  fishing  mortality  ranges,  as  well  as  the 
relevant  conservation  reference  points.  This  lead  to  different  stock  definition  and 
numerical values than the ones established in Article 1, Annexes I and II to Regulation 
(EU) No 2016/1139.  

(4) 

Article  5(6)  of  Regulation  (EU)  No  2016/1139  provides  that  where,  on  the  basis  of 
scientific advice, the Commission considers that the conservation reference points set 

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OJ C , , p. . 
Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing 
a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting 
those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) 
No 1098/2007 (OJ L 191, 15.7.2016, p. 1). 

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out  in  Annex  II  to  that  Regulation  no  longer  correctly  express  the  objectives  of  the 
plan,  those  points,  as  a  matter  of  urgency,  may  be  submitted  for  the  revision  to  the 
European Parliament and the Council.  

(5) 

It  is  appropriate  to  amend  urgently  Article  1(e)  and  (f)  and  Annexes  I  and  II  of 
Regulation (EU) No 2016/1139 in order to ensure that the fishing opportunities for the 
relevant stocks are fixed in accordance with updated conservation reference points. 

(6) 

Regulation (EU) 2016/1139 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 
Amendments to Regulation (EU) 2016/1139 

Regulation (EU) 2016/1139 is amended as follows: 

(1) 

Article 1(1) is amended as follows: 

(a) 

point (e) is replaced by the following: 

'(e)   herring (Clupea harengus) in ICES subdivisions 30-31 (Gulf of Bothnia 

herring);'; 

(b)  point (f) is deleted. 

(2) 

In Annex I, the entries concerning the Bothnian Sea herring stock and Bothnian Bay 
herring stock are replaced by the following entry: 

'Gulf of Bothnia herring 

0,15-0,21 

0,21-0,21' 

(3)  

In Annex II, the entries concerning the Bothnian Sea herring stock and the Bothnian 
Bay herring stock are replaced by the following entry: 

'Gulf of Bothnia herring 

283 180 

202 272' 

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. 

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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