Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2016/1139 as regards the introduction of capacity limits for Eastern Baltic cod, data collection and control measures in the Baltic Sea, and Regulation (EU) No 508/2014 as regards permanent cessation for fleets fishing for Eastern Baltic cod
Date: 2019-10-31
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Baltic Sea, EU waters, authorised catch, catch by species, catch quota, conservation of fish stocks, fishing area, fishing rights, sea fish, sea fishing

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   EUROPEAN COMMISSION  Brussels, 31.10.2019  COM(2019) 564 final 2019/0246 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2016/1139 as regards the introduction of capacity limits for Eastern Baltic cod, data collection and control measures in the Baltic Sea, and Regulation (EU) No 508/2014 as regards permanent cessation for fleets fishing for Eastern Baltic cod  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The ecosystem in the Baltic Sea has been in a fragile state for decades. However, it was only 
in 2019 that scientists warned  that the environmental conditions have a much more important 
impact on Eastern Baltic Cod than previously estimated. This situation is now causing a steep 
decline of Eastern Baltic cod. The situation is moreover unprecedented as the Eastern Baltic 
cod stock is the only stock in European waters for which ICES assesses natural mortality from 
environmental pressures  to be about three times higher than fishing mortality. No other fish 
stock in European waters is in such a situation. The Eastern Baltic cod stock is not expected to 
recover before 2024, even with no fishing at all.  

Therefore given the above situation, this year, acting upon the best available scientific advice 
and in  accordance with  the  rules of the Common Fisheries Policy and the  Multiannual  Plan 
for  the  Baltic  Sea  (hereafter  “Baltic  MAP”),  the  Commission  adopted  first  emergency 
measures  in  July  2019  prohibiting  the  fishing  of  Eastern  Baltic  cod  until  year-end;  and 
secondly,  the  Council  decided  in  October  2019  on  necessary  and  unprecedented  fishing 
restrictions for 2020. However, a recovery can nevertheless not be expected for several years. 
These  exceptional  measures  will  therefore  lead  to  redundant  fleet  capacities  and  to  severe 
adverse  socio-economic  consequences  for  the  related  coastal  communities  and  fishing 
businesses.  The  fisheries  sector  is  a  key  component  of  the  economic  life  of  many  coastal 
regions in the Baltic Sea. However, the quota uptake for Eastern Baltic cod has been relatively 
low (below 60%) for many years; in 2018 the uptake was only 40% and even lower in 2019 
up  until  mid-July  when  the  Commission’s  emergency  measures  kicked  in  (19%).  The 
relatively  low  quota  uptake  already  in  2018  may  well  have  been  a  first  sign  of  the  bad 
environmental situation and the high impact it has on Eastern Baltic cod.  

Commission analysis shows that the fleet  segments  with the highest  dependency on Eastern 
Baltic cod encompass more than 300 vessels, mainly trawlers and netters in Lithuania, Latvia 
and Poland, and to a lesser extent Denmark. Of these, only a minority seem resilient enough 
to  survive  a  short-term  –  but  not  a  medium  or  long-term  –  closure.  The  rest  either  suffer 
already  from  a  poor  situation  that  will  be  worsened  by  the  closure  or  will  see  their 
profitability  completely  erode.  These  fleet  segments  are  of  significant  socioeconomic 
importance,  representing  between  roughly  20%  and  50%  of  the  respective  national  fleet  in 
Lithuania,  Latvia  and  Poland,  expressed  in  full-time  equivalents.  Given  the  total  closure  of 
any directed fishery for Eastern Baltic cod and the strong reductions agreed for other Baltic 
stocks  by  the  Council  on  14-15  October  2019,  the  vessels  and  fleet  segments  most  heavily 
impacted  by  the  closure  of  the  targeted  Eastern  Baltic  cod  fishery  will  not  all  be  able  to 
redirect their fishing activities to other species. The closure will have a substantial impact for 
the  Eastern  Baltic  cod  fleets,  with  a  strong  negative  impact  in  certain  regions  and  coastal 
communities.  Based  on  this  and  taking  into  account  on-going  contacts  with  the  Member 
States on the significant negative impact of this situation on the fisheries sector and the fact 
that  stakeholders  cannot  themselves  mitigate  the  adverse  consequences,  the  Commission 
concluded that contingency measures are necessary for the fisheries sector.  The contingency 
measures  consist  in  introducing  a  capacity  ceiling  for  the  Member  States  in  the  Baltic  Sea 
whose fleets  are affected by the adverse situation  for Eastern  Baltic cod  and a capacity exit 
regime for fleets formerly fishing on Eastern Baltic cod.  

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The  European  Maritime  and  Fisheries  Fund  (hereafter  “EMFF”)  established  by  Regulation 
(EU)  No  508/2014  of  the  European  Parliament  and  of  the  Council  is  the  fund  for  the  EU’s 
maritime and fisheries policies for 2014-2020.  It is  one of the five European Structural  and 
Investment (ESI) Funds, which complement each other and seek to promote a growth and job 
based recovery in  Europe. The fund helps  fishermen in  the transition  to  sustainable fishing; 
support coastal communities in diversifying their economies and finances projects that create 
new jobs and improve quality of life along European coasts.  

This  fund  should  hence  provide  the  possibility  to  the  Member  States  affected  by  the 
exceptional  situation  of  Eastern  Baltic  cod  to  grant  financial  support  for  achieving  and 
maintaining  a  balance  between  the  fleet  capacity  and  the  fishing  opportunities  by  making 
financial support for permanent cessation of fishing activities through scrapping eligible under 
the  EMFF  2014-2020.  This  support  was  granted  until  end  of  2017  (and  has  been  recently 
introduced  for  the  multiannual  plan  in  the  western  Mediterranean  Sea).  Introducing 
decommissioning in the form of scrapping again is an unforeseen measure in response to an 
exceptional situation of Eastern Baltic cod. The fund should therefore provide for additional 
flexibility  in  this  exceptional  situation  by  allowing  the  same  Member  States  to  redirect 
available  appropriations  for  storage  aid  and  Integrated  Maritime  Policy  inside  the  financial 
envelope of each Member State to the permanent cessation of fishing activities with a view to 
reinforce  the  need  to  scrap  vessels,  while  at  the  same  time  not  negatively  impacting  the 
achievements  of  other  CFP  objectives  and  the  implementation  of  the  EMFF.  This  proposal 
hence  aims  at  the  sustainable  management  of  Baltic  Sea  fish  stocks  by  reducing  redundant 
fleet capacities in the Eastern Baltic cod fishery. 

Moreover, the Member States and the Commission share the view that urgent action is needed 
to  tackle  the  root  causes  of  that  critical  environmental  and  social  situation.  This  implies 
addressing with an increased determination the key environmental pressures in the Baltic Sea 
area  that  are  preventing  a  recovery  of  Eastern  Baltic  cod,  and  to  reduce  the  structural 
imbalance in the fleet capacity of fleets formerly targeting Eastern Baltic cod. This proposal 
therefore introduces  the  possibility to  provide public support for the permanent  cessation  of 
fishing  activities  through  scrapping  for  fishermen  and  operators  that  have  significant 
dependence on Eastern Baltic cod and who are affected by  the closure of the Eastern Baltic 
cod fishery. 

In  order  to  ensure  the  consistency  of  fleet  structural  adaptation  in  the  Baltic  Sea  with  the 
conservation  objectives  laid  down  in  the  Multiannual  Management  Plan,  support  for  the 
permanent  cessation  of  fishing  activities  through  the  scrapping  of  fishing  vessels  that  have 
significant dependence on Eastern Baltic cod should be strictly conditional and linked to the 
achievement  of  the  adjustment  targets  and  tools  defined  in  the  action  plans  for  imbalanced 
segments. 

Finally, additional control measures should be introduced and the collection of  relevant data 
improved.  

• 

Consistency with existing policy provisions in the policy area 

The  proposal  is  consistent  with  the  Commission  proposal  for  the  next  EMFF  and  with  the 
latest multiannual plan.  

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• 

Consistency with other Union policies 

The support for scrapping of vessels in the Baltic Sea is currently not eligible for co-financing 
under the current EMFF regulation, however, it is required for the efficient implementation of 
the latest multiannual plan.  

Moreover, support for permanent cessation of activities for scrapping of vessels was granted 
until  end  of  2017  under  the  EMFF.  Support  has  been  introduced  recently  for  the  Western 
Mediterranean Sea (Regulation 2019/1022).  In addition to this, the  Commission proposal for 
the next EMFF for the period 2021-2027 includes again the permanent cessation support for 
scrapping.  

Finally, support for temporary cessation of fishing activities in the Baltic Sea has already been 
((COM 
granted  under 
C(2019)6496).   

regulation  by  EMFF  operational  programmes 

the  current 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

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

• 

Subsidiarity (for non-exclusive competence)  

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

• 

Proportionality 

The proposal complies with the proportionality principle for the following reasons. 

The  Common  Fisheries  Policy  is  a  common  policy.  One  of  its  objectives  is  to  ensure  that 
fishing  activities  are  environmentally  sustainable  in  the  long-term,  but  also  to  achieve 
economic, social  and employment benefits. Based on the best available scientific advice the 
Union  decided  on  necessary  but  unprecedented  fishing  restrictions.  These  will  lead  to 
redundant  fleet  capacities and result in  severe adverse socio-economic consequences  for the 
coastal  communities  and  fishing  businesses  concerned.  Opening  the  possibility  to  apply  for 
financial support for permanent cessation through scrapping will contribute to alleviate these 
adverse socio-economic consequences while at the same time reduce the fleet capacity and the 
related fishing pressure on the Eastern Baltic cod stock.    

• 

Choice of the instrument 

Proposed instrument: amendmend of a Regulation. 

This is a proposal for fisheries management on the basis of Article 43(2) TFEU. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

This is not applicable due to the exceptional nature of the event necessitating this proposal. 

• 

Stakeholder consultations 

The Member States and the relevant  stakeholders, notably the  Baltic Sea Advisory Council, 
were consulted on the fishing opportunities for the Baltic Sea for 2020 in the context of the 

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preparation  and  the  negotiation  of  the  relevant  regulation.  The  challenges  arising  from  the 
redundant  fleet  capacities  and  severe  adverse  socio-economic  consequences  for  the  related 
coastal communities and fishing businesses have been raised by various fisheries stakeholders 
and  Member  States.  All  operators,  stakeholders  and  concerned  Member  States  have 
emphasized  the  need  to  tackle  the  situation  of  redundant  fleets  in  a  structural  manner  by 
granting financial support for achieving and maintaining a balance between the fleet capactiy 
and  the  fishing  opportunities.  To  this  end  they  have  asked  for  making  European  Union 
financial support for permanent  cessation  through scrapping  eligible under the EMFF 2014-
2020.    

• 

Collection and use of expertise 

The Union annually seeks scientific advice on the state of important fish stocks in the Baltic 
Sea  from  the  International  Council  for  the  Exploration  of  the  Sea  (ICES).  From  the  ICES 
advice it is apparent that the steep decline of Eastern Baltic cod is likely to remain a problem 
for the years to come. 

• 

Impact assessment 

An  impact  assessment  was  carried  out  for  the  Commission’s  proposal  on  the  European 
Maritime and Fisheries Fund for the period 2021 to 2027. This impact assessment identified 
and  explained  the  main  challenges  and  problems  to  be  addressed  by  the  future  programme 
based on findings and evaluations of previous programming periods, new political priorities 
and  emerging  problems  needing  Union  intervention.  It  concluded  that  the  policy  must  be 
more  targeted  and  more  focussed  in  order  to  better  address  the  issue  of  overcapacity  and 
overfishing  in  those  segments  of  the  EU  fishing  fleets,  which  continue  to  fish  stocks  at 
unsustainable  levels.  Support  for  the  permanent  cessation  of  fishing  activities  is  therefore 
proposed  by  the  Commission  for  the  next  programming  period  of  the  EMFF,  under  tight 
conditions  to  ensure  that  such  support  is  targeted  to  the  achievement  of  a  balance  between 
fishing capacity and available fishing opportunities. This proposal is currently being discussed 
between the co-legislators. Given the exceptional nature of the situation surrounding Eastern 
Baltic  cod  and  the  fisheries  dependant  on  this  fish  stock  the  policy  option  of  permanent 
cessation of fishing activities through the scrapping of fishing vessels is hence the best option 
to choose. No materially and legally different policy options are available other than the one 
proposed. 

• 

Regulatory fitness and simplification 

Not applicable. 

• 

Fundamental rights 

This proposal has no consequences for the protection of fundamental rights. 

4. 

BUDGETARY IMPLICATIONS 

The  proposal  makes  the  support  of  permanent  cessation  of  fishing  activities  through  the 
scrapping of fishing vessels eligible again under the current EMFF. The related EU funding is 
to  be  granted  in  compliance  with  the  2014-2020  EMFF  operational  programmes  and  the 
related EMFF Member States financial allocations.   

The  proposed  modification  does  not  imply  any  changes  in  the  multiannual  financial 
framework, annual ceilings, or for commitments and payments as per Annex I of Regulation 

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(EU) No 1311/20131. The proposal may consist of the frontloading of payment appropriations 
and is budgetary-neutral over the programming period. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable. 

1 

Council  Regulation  (EU,  Euratom)  No  1311/2013  of  2  December  2013  laying  down  the  multiannual 
financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884). 

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2019/0246 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2016/1139 as regards the introduction of capacity limits for 
Eastern Baltic cod, data collection and control measures in the Baltic Sea, and 
Regulation (EU) No 508/2014 as regards permanent cessation for fleets fishing for 
Eastern Baltic cod 

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, 
After consulting the European Economic and Social Committee2, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

2 
3 

4 

to 

implement 

Article 3(3) of Regulation (EU) No 2016/1139 of the European Parliament and of the 
Council3  commits 
to  fisheries 
management  in  order  to  ensure  that  negative  impacts  of  fishing  activities  on  the 
marine ecosystem are minimised. The plan is to be coherent with Union environmental 
legislation, in particular with the objective of achieving good environmental status by 
2020  as  set  out  in  Article  1(1)  of  Directive  2008/56/EC  of  the  European  Parliament 
and of the Council4. 

the  ecosystem-based  approach 

According to scientific assessment by the International Council for the Exploration of 
the Sea (ICES), many species and habitats of the Baltic Sea are not in good condition. 
Annual  nutrient  inputs  still  exceed  regionally  agreed  goals  in  the  central  Baltic  Sea, 
the  Archipelago  Sea,  and  the  Gulf  of  Finland.  Nutrient  concentrations  remain 
relatively  high,  as  does  the  extent  of  deep-water  areas  with  poor  or  no  oxygen. 
Contaminant levels remain elevated compared with most European seas. This overall 
environmental  situation  affects  food  web  functionality,  reduces  the  resilience  and 
resistance  against  further  environmental  changes,  and  diminishes  prospects  for 
socioeconomic benefits, including fishing opportunities. 

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). 
Directive  2008/56/EC  of  the  European  Parliament  and  of  the  Council  of  17  June  2008  establishing  a 
framework  for  community  action  in  the  field  of  marine  environmental  policy  (Marine  Strategy 
Framework Directive) (OJ L 164, 25.6.2008, p. 19) 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

The declining condition of Eastern Baltic cod (Gadus morhua) has been linked to that 
situation. According to ICES, the stock suffers from an unsustainably low biomass due 
to  a  combination  of  declining  recruitment,  environmental  factors  and  changes  in  the 
ecosystem leading to a high natural mortality (about three times the fishing mortality), 
and  an  excessive  fishing  mortality  given  the  status  of  the  stock.  The  biomass  of 
commercial  sized  cod  is  presently  at  the  lowest  level  observed  since  the  1950s. 
Moreover,  ICES  estimates  that  the  spawning  stock  biomass  will  remain  below  the 
sustainability reference point in the medium-term (2024) even with no fishing at all. In 
its stock advice for 2020 ICES therefore advises zero catches. 

The Baltic multiannual plan sets out that, when scientific advice indicates that a stock 
is under threat, safeguard measures are to be taken, including the reduction of fishing 
opportunities  and  specific  conservation  measures,  and  that  those measures  should  be 
supplemented  by  all  other  appropriate  measures.  Remedial  measures  may  include 
suspending  the  targeted  fishery  for  the  stock  and  the  adequate  reduction  of  fishing 
opportunities. According to Article 5(4) of Regulation (EU) 2016/1139, the choice of 
measures  is  to  be  made  in  accordance  with  the  nature,  seriousness,  duration  and 
repetition of the situation.  

Based  on  the  stock  assessment  for  Eastern  Baltic  cod,  the  Commission  adopted 
Commission  Implementing  Regulation  (EU)  2019/12485,  prohibiting  until  31 
December 2019 to fish for cod in ICES subdivisions 24 to 26. 

On  15  October  2019,  the  Council  adopted  a  political  agreement  on  fishing 
opportunities  for  2020  in  the  Baltic  Sea.  That  agreement  entails  a  necessary  and 
unprecedented reduction of 92% of fishing opportunities for 2020 compared to  2019 
for Eastern Baltic cod, and limits the use of this TAC to by-catches only. No targeted 
fishery for this stock is therefore to be allowed. Since in ICES subdivision 24 mostly 
Eastern Baltic cod is present, the use of the Western Baltic cod TAC in subdivision 24 
is also limited to by-catches of Eastern Baltic cod. 

The fishing fleets so far dependent on Eastern Baltic cod do not have the possibility to 
fish  for  other  stocks  as  an  alternative.  It  is  estimated  that  offsetting  the  economic 
losses  caused  by  the  Eastern  Baltic  cod  closure  would  require  additional  catches  of 
around 20,000 tonnes in alternative species. However, the Council also agreed severe 
reductions for other stocks, and notably a reduction of 65% for Western Baltic herring, 
60% for Western Baltic cod, 32% for plaice, 27% for herring in the Gulf of Bothnia 
and 22% for sprat.  

Commission  analysis  shows  that  the  fleet  segments  with  the  highest  dependency  on 
Eastern  Baltic  cod  encompass  more  than  300  vessels,  mainly  trawlers  and  netters  in 
Lithuania,  Latvia and Poland, and to a  lesser extent, Denmark. These  fleet  segments 
are of significant  socioeconomic importance, representing between roughly 20%  and 
50% of the respective national fleet in Lithuania, Latvia and Poland, expressed in full-
time equivalents. Only a minority seem resilient enough to survive a short-term – but 
not  a  medium  or  long-term  –  closure.  The  rest  either  suffer  already  from  a  poor 
situation that will be worsened by the closure or will see their profitability completely 
erode. Indeed, the quota uptake for Eastern Baltic cod has been below 60% for many 
years already, dropping further to 40% in 2018 and even lower in 2019 until the start 

5 

Commission  Implementing  Regulation  (EU)  2019/1248  of  22  July  2019  establishing  measures  to 
alleviate a serious threat to the conservation of the Eastern Baltic cod (Gadus morhua) stock (OJ L 195, 
23.7.2019, p. 2) 

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(9) 

of the Commission  emergency measures  in  mid-July (19%), reflecting the biological 
problem with this fishery. Given that Eastern Baltic cod is not expected to recover to 
healthy levels even in the medium term, there will be a persistent structural imbalance 
for these fleet segments, thus justifying the restructuring of the fleet. 

Restructuring of the fleet is to be carried out in line with Article 22 of Regulation (EU) 
No  1380/2013  of  the  European  Parliament  and  of  the  Council6,  which  requires 
Member States to put in place measures to adjust the fishing capacity of their fleet to 
their  fishing  opportunities  over  time,  taking  into  account  trends  and  based  on  best 
scientific  advice,  with  the  objective  of  achieving  a  stable  and  enduring  balance 
between  them.  In  order  to  achieve  this  objective,  Member  States  are  to  send  to  the 
Commission,  by  31  May  each  year,  a  report  on  the  balance  between  the  fishing 
capacity  of  their  fleets  and  their  fishing  opportunities.  If  the  assessment  clearly 
demonstrates  that  the  fishing  capacity  is  not  effectively  balanced  with  fishing 
opportunities, the Member State is to prepare and include in its report an action plan 
for the fleet segments with identified structural overcapacity. As the ICES advice on 
the  deterioration  of  Eastern  Baltic  cod  was  published  on  29  May  2019,  the  existing 
reports on the balance between fishing capacity and fishing opportunity could not yet 
take into account this new information on the severe state of Eastern Baltic cod and the 
resulting  overcapacity  in  fleets  formerly  targeting  this  stock.  Member  States  should 
address this overcapacity in the next reports on the balance between fleets and fishing 
opportunities a soon as possible and latest by 31 May 2020. 

(10) 

In their political declaration of 15 October 2019, the Member States concerned declare 
that,  if  they  need  to  reduce  fleet  capacity  to  manage  the  adverse  socio-economic 
consequences of the decline of the fisheries, they  will present  to  the Commission  an 
action plan in accordance with Article 22 of Regulation (EU) No 1380/2013. Member 
States also recognise that in view of the need to reduce fleet capacity, it is important to 
avoid public aid for investments in additional fishing capacity. 

(11)  According to ICES advice published on 29 May 2019, approximately 70% of the cod 
landings  in  subdivisions  24-28  were  taken  by  trawlers  with  a  BACOMA  with  a  120 
mm  escape  window  or  T90,  and  15%  of  the  cod  landings  were  taken  by  gillnetters 
with mesh sizes between 110 mm and 156 mm. These métiers are generally considered 
to  target  cod  and  the  minimum  mesh  sizes  for  them  are  set  out  in  Regulation  (EU) 
2019/1241  of the European Parliament  and  of the Council.7  The other métiers in  the 
top  15  in  terms  of  the  amount  of  cod  landings  each  contributed  less  than  5%  to  the 
total cod landings. It is important to ensure that the capacity levels of fleets fishing for 
Eastern Baltic cod do not increase and permanent cessation with public funds delivers 
an effective reduction of fleet capacity. The Member State capacity level of these two 
fleet  segments  should  be  capped  at  levels  of  active  vessels  in  the  most  recent  years 

6 

7 

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). 
Regulation  (EU)  2019/1241  of  the  European  Parliament  and  of  the  Council  of  20  June  2019  on  the 
conservation of fisheries resources and the protection of marine ecosystems through technical measures, 
amending  Council  Regulations  (EC)  No  1967/2006,  (EC)  No  1224/2009  and  Regulations  (EU)  No 
1380/2013,  (EU)  2016/1139,  (EU)  2018/973,  (EU)  2019/472  and  (EU)  2019/1022  of  the  European 
Parliament  and  of  the  Council,  and  repealing  Council  Regulations  (EC)  No  894/97, (EC)  No  850/98, 
(EC)  No  2549/2000,  (EC)  No  254/2002,  (EC)  No  812/2004  and  (EC)  No  2187/2005  (OJ  L  198, 
25.7.2019, p. 105). 

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before  the  application  of  emergency  measures,  i.e.  2017  and  2018,  and  should  be 
reduced  when  vessels  are  withdrawn  with  public  aid,  with  the  aim  of  rebuilding  the 
stock of Eastern Baltic cod. 

(12)  The capacity ceilings that are specific to the stock of Eastern Baltic cod should apply 
in  addition  to  the  measures  set  out  in  Article  22  of  Regulation  (EU)  No  1380/2013. 
These  ceilings  should  cap  the  capacity  at  the  most  recent  level  of  active  vessels, 
excluding those that have been withdrawn without public aid in the previous years. In 
addition,  they  should  ensure  that  vessels  from  other  fleet  segments  could  not  be 
transferred to the segment that fishes for Eastern Baltic cod. In order to guarantee that 
capacity ceilings  are  respected, Member States should inform  the Commission  about 
the initial ceiling and any changes to it. 

(13)  Given  the  serious  condition  of  the  Eastern  Baltic  cod  stock  additional  measures  to 
control the fisheries catching Eastern Baltic cod should be introduced. The threshold 
quantity  as  of  which  a  fishing  vessel  is  required  to  land  its  catch  in  a  specific  place 
should  be  reduced  to  250kg.  Moreover,  masters  of  fishing  vessels  having  quotas  for 
cod  and  fishing  in  areas  where  Eastern  Baltic  cod  is  present  are  to  ensure  that  their 
fishing activity can be monitored at any time by the national competent authorities. 

(14) 

ICES issued an analytical assessment of Eastern Baltic cod but was not in a position to 
provide  fishing  mortality  ranges  and  various  reference  points  because  of  a  lack  of 
required  data.  Therefore,  data  collection  is  to  be  improved  by  ensuring  that  the 
observer coverage at sea of vessels catching Eastern Baltic cod is at least 20%.  

(15)  The European Maritime and Fisheries Fund (“EMFF”) set out by Regulation (EU) No 
508/2014 of the European Parliament and of the Council8 provided, until 31 December 
2017,  for  permanent  cessation  as  a  tool  to  reduce  identified  structural  overcapacity. 
Where Member States identified a structural imbalance, the resulting action plan under 
Article  22  of  Regulation  (EU)  No  1380/2013  therefore  allowed  them  to  include 
permanent cessation as a way to meet the objectives of the action plan.  

(16) 

In  order  to  mitigate  the  adverse  economic  effects  caused  by  the  exceptional  and 
persistent environmental situation in the Baltic Sea and the resulting severe reductions 
in  fishing  opportunities  and  in  view  of  the  specific  measures  provided  for  in  the 
Multiannual  plan  for  the  Baltic  Sea,  public  support  for  the  permanent  cessation  of 
fishing activities through the scrapping of fishing vessels should be available to allow 
Member  States  to  meet  the  objectives  of  their  action  plans  under  Article  22  of 
Regulation (EU) No 1380/2013 and reduce any identified structural imbalance in the 
fishing  segments  covered  by  the  Baltic  multiannual  plan.  Regulation  (EU)  No 
508/2014  should  therefore  be  amended  accordingly  to  reintroduce  support  for 
permanent cessation for the vessels that have significant dependence on Eastern Baltic 
cod. 

(17) 

In order to ensure the consistency of fleet structural adaptation in the Baltic Sea with 
the  conservation  objectives  laid  down  in  the  Multiannual  plan,  support  for  the 
permanent cessation of fishing activities through the scrapping of fishing vessels that 
have significant  dependence on Eastern  Baltic cod should be strictly  conditional and 

8 

Regulation  (EU)  508/2014  of  the  European  Parliament  and  of  the  Council  of  15  May  2014  on  the 
European  Maritime  and  Fisheries  Fund  and  repealing  Council  Regulations  (EC)  No  2328/2003,  (EC) 
No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the 
European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1). 

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linked  to  the  achievement  of  the  adjustment  targets  and  tools  defined  in  the  action 
plans for imbalanced segments. 

(18)  Given the fragile ecosystem in the Baltic Sea, support for the permanent cessation of 
fishing activities should not be granted for the retrofitting of fishing vessels for other 
activities  than  commercial  fishing,  such  as  recreational  fishing,  which  could  have  a 
detrimental impact on the ecosystem. Therefore, such support should only be granted 
for the scrapping of fishing vessels. 

(19) 

Introducing aid for scrapping is an unforeseen measure in response to an exceptional 
situation.  The Commission cannot  provide additional  public funds for  the  permanent 
cessation  of  fishing  activities  that  go  beyond  the  EMFF  envelope  agreed  for  each 
Member State.  However, additional flexibility within  the EMFF envelope agreed  for 
each Member State would allow Baltic Member States that have identified permanent 
cessation  as  a  tool  to  reduce  the  structural  overcapacity  of  their  fleets  fishing  for 
Eastern  Baltic  cod  to  address  the  exceptional  situation  without  jeopardising  other, 
important  priorities  of  the  EMFF,  in  particular  those  related  to  the  sustainable 
development  of  fisheries,  aquaculture  and  fisheries  areas  mentioned  under  Article 
13(2) of Regulation (EU) No 508/2014. Reprogramming from categories mentioned in 
Article  13(6)  and  (7)  of  Regulation  (EU)  No  508/2014  for  permanent  cessation  is 
considered as an effective way of granting such flexibility. 

(20)  Article  22(6)  of  Regulation  (EU)  No  1380/2013  states  that  the  fishing  capacity 
corresponding to the fishing vessels withdrawn with public aid  is not to be replaced.  
Moreover, according to Article 23(1) of that Regulation, the entry into the fleet of new 
capacity  without  public  aid  is  to  be  compensated  for  by  the  prior  withdrawal  of 
capacity without public aid of at least the same amount. 

(21) 

In  view  of  the  bad  economic  situation  of  Union  fishing  vessels  with  a  significant 
dependence  on  Eastern  Baltic  cod  and  the  need  to  ensure  the  availability  of  support 
under the EMFF for permanent cessation of fishing activities of those vessels, it was 
considered appropriate to provide for an exception to the eight-week period referred to 
in  Article  4  of  Protocol  No  1  on  the  role  of  national  Parliaments  in  the  European 
Union, annexed to the TEU, to the Treaty on the Functioning of the European Union 
and to the Treaty establishing the European Atomic Energy Community, 

HAVE ADOPTED THIS REGULATION: 

Article 1 
Amendment to Regulation (EU) 2016/1139  

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

1. 

The following Chapter VIA is inserted: 

“CHAPTER VIA 
CAPACITY CEILINGS 

Article 8a 
Capacity reduction for Eastern Baltic cod 

1. 
The  overall  capacity  of  each  Member  State  of  vessels  fishing  in  ICES 
subdivisions 24-32 equipped with the gear categories listed in paragraph 2 shall not 

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exceed the capacity levels of vessels in the Union fishing fleet register on […]9 that 
were  active  in  those  subdivisions  in  2017and  2018  for  those  Member  States 
respectively.  Member  States  shall  communicate  to  the  Commission  the  capacity 
levels and their calculations by […]10at the latest. 

2. 

(a) 

Paragraph 1 shall apply to vessels equipped with the following gear categories: 

towed  gear  with  a  mesh  size  of  at  least  120  mm  constructed  from  T90  or  at 
least 105 mm fitted with a Bacoma exit window of 120 mm; 

(b) 

static nets with a mesh size of at least 110 mm and not more than 156 mm. 

3. 
The  overall  capacity  of  a  Member  State  implementing  permanent  cessation 
measures  in  accordance  with  Article  34(4)(b)  of  Regulation  No  508/2014  shall 
decrease  by  the  capacity  of  the  vessels  that  are  withdrawn  with  public  aid  in 
accordance with the procedure set out in Article 22(4) of Regulation No 1380/2013. 

4.  Member  States  shall  communicate  to  the  Commission  any  decreases  to  the 
overall capacity  in  the reports to  be submitted  in accordance with  Article 22 (4) of 
that Regulation .” 

2. 

3. 

In Article 14, point (a) is replaced by the following: 

“(a) 250 kilograms of cod;”. 

The following Article 14a is added: 

“Article 14a 
Control of cod catches 

Masters of fishing vessels  with an  allocation  of  fishing opportunities for cod in  the 
Baltic  Sea  and  fishing  in  ICES  subdivision  24  in  areas  beyond  six  nautical  miles 
from the baselines or in subdivisions 25-32 shall ensure that their fishing activity can 
be  monitored  at  any  time  by  the  control  authorities  of  the  Member  State.  For  that 
purpose,  those  fishing  vessels  shall  be  equipped  with  a  vessel  monitoring  system 
(VMS)  or  other  equivalent  electronic  monitoring  system  certified  by  the  control 
authority.”  

4. 

The following Chapter is inserted: 

“CHAPTER VIIIA 
DATA COLLECTION 

Article 14b 
Observer coverage 

Union  vessels  with  an  allocation  of  fishing  opportunities  for  cod  in  ICES 
subdivisions 24-32 shall be subject to at least 20 % observer coverage at sea.”. 

Article 2 
Amendment to Regulation (EU) 508/2014 

Regulation (EU) 508/2014 is amended as follows: 

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10 

Publications Office, please insert the date of the entry into force of this regulation 
Publications Office, please insert the date one month after the entry into force of this regulation. 

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1. 

In Article 13, the following paragraph is added: 

“10.  Member  States  shall  have  the  possibility  to  exceed  the  amount  set  out  in 
paragraph 2 and to go below the amounts set out in paragraphs 6 and 7 to support the 
measures set out in Article 34(4)(b) .”. 

2. 

Article 34(4) is replaced by the following: 

“4.  Support  under  this  Article  may  be  granted  until  31  December  2017,  unless 
permanent  cessation  measures are  adopted  in  order to  achieve the objectives of the 
following multiannual plans: 

(a) 

(b) 

the  multi-annual  plan  for  the  conservation  and  sustainable  exploitation  of 
demersal  stocks  in  the  western  Mediterranean  Sea,  established  by  Regulation 
(EU) 2019/1022 of the European Parliament and of the Council*; 

the multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea 
and  the  fisheries  exploiting  those  stocks,  established  by  Regulation  (EU) 
2016/1139 of the European Parliament and of the Council*, with regard to the 
vessels  under  the  overall  capacity  limit  for  Eastern  Baltic  cod  as  set  out  in 
paragraph 2 of Article 8a of Regulation (EU) No 2016/1139.” 

_______________________________________________________________ 
* 

Regulation  (EU)  2019/1022  of  the  European  Parliament  and  of  the 
Council  of  20  June  2019  establishing  a  multiannual  plan  for  the  fisheries 
exploiting  demersal  stocks  in  the  western  Mediterranean  Sea  and  amending 
Regulation (EU) No 508/2014 (OJ L 172, 26.6.2019, p. 1) 
* 

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) 

3. 

Article 34(4a) is replaced by the following: 

“4a.  Expenditure  related  to  the  permanent  cessation  measures  adopted  in  order  to 
achieve the objectives of Regulation (EU) 2019/1022 shall be eligible from 16 July 
2019. 

Expenditure related to the permanent cessation measures adopted in order to achieve 
the  objectives  of  Regulation  (EU)  2016/1139,  in  particular  its  Article  8a,  shall  be 
eligible for support from the EMFF as from […]11.”. 

4. 

In Article 34, the following paragraphs are added: 

“4b.  No  support  shall  be  granted  under  paragraph  4(b)  if  the  assessment  of  the 
balance  between  fishing  capacity  and  fishing  opportunities  in  the  latest  report 
referred to in Article 22(2) of Regulation (EU) No 1380/2013 for the fleet segment to 
which  the  vessels  concerned  belong  has  not  been  prepared  on  the  basis  of  the 

11 

Publication Office, please insert the date of effect of this Regulation. 

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biological,  economic  and  vessel  use  indicators  set  out  in  the  common  guidelines 
referred to in that Regulation. 

4c. Support under paragraph 4(b) shall be granted only if adjustment targets and tools 
have been set out pursuant to Article 22(4) of Regulation (EU) No 1380/2013 for the 
fleet  segments  covering  the  vessels  referred  to  in  paragraph  2  of  Article  8a  of 
Regulation  (EU)  No  2016/1139  and  if  such  targets  and  tools  relate  to  a  permanent 
withdrawal of fishing capacity.” 

5. 

The first subparagraph of Article 34(6) is replaced by the following: 

“6.  By  way  of  derogation  from  paragraph  1,  support  may  be  granted  for  the 
permanent cessation of fishing activities without scrapping provided that the vessels 
retrofit for activities other than commercial fishing. This derogation shall not apply 
to support granted under paragraph 4(b).”. 

Article 3 
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 all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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