CELEX: 52015PC0212
Language: en
Date: 2015-05-20
Title: Proposal for a COUNCIL REGULATION amending Regulation (EU) No 2015/104 as regards certain fishing opportunities

EUROPEAN
                      COMMISSION
                                              Brussels, 20.5.2015
                                              COM(2015) 212 final
                                              2015/0108 (NLE)
                                 Proposal for a
                          COUNCIL REGULATION
   amending Regulation (EU) No 2015/104 as regards certain fishing opportunities
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 ---pagebreak---                                   EXPLANATORY MEMORANDUM
   1.        CONTEXT OF THE PROPOSAL
   Council Regulation (EU) No 2015/104 fixed 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.
   2.        RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND
             IMPACT ASSESSMENTS
   The imposition of catch limits for particular types of fishing gear and the use of a closed area
   has been extensively discussed with Member States. Member States were asked to identify
   specific sea bass fisheries and to identify how they could reduce the catches of sea bass and
   reduce mortality in their respective fisheries.
   In response FR and UK identified a range of catch limits and their effects on various metiers
   active in the sea bass fishery.
   3.        LEGAL ELEMENTS OF THE PROPOSAL
   The proposed amendments seek to modify Regulation (EU) No. 104/2015 as described below.
   In June 2014, the International Council for the Exploration of the Sea (ICES) released
   scientific advice on this stock, which has been in rapid decline since 2012. Furthermore, the
   Scientific, Technical and Economic Committee for Fisherires (STECF) considered that in
   general current national measures for the protection of sea bass have proved ineffective. Sea
   bass is a late maturing and slow growing species. The fishing mortality on this stock is
   currently four times higher than the level which would ensure maximum sustainable yield
   (MSY). The stock of sea bass in the Celtic Sea, Channel, Irish Sea and southern North Sea,
   (ICES divisions IVb, c and VIIa, d-h) remains in a critical condition; it is necessary to reduce
   catches of this stock as far as possible to foster and protect any recruitment.
   Emergency measures based on Article 12 of Regulation (EU) No. 1380/2013 of the European
   Parliament and of the Council on the Common Fisheries Policy have already been enacted in
   January 2015 to implement urgent protection for spawning aggregations. This regulation
   provides temporay protection; the Commission has been clear that the emergency measures is
   the first of three parts of the mangement response needed in 2015 and that it has been working
   with Member States to develop these further. The first amendment of Regulation (EU) No.
   104/2015 fising the fishing opportunities has already been adopted to introduce catch limits
   for recreational anglers and this represents the second part of the management response on sea
   bass.
   This proposal represents the third part of measures which has been discussed with the
   Member States with fishing interests in the stock. These are the introduction of monthly catch
   limits for particular metiers and a prohibition which underpins the conservation actions
   already taken by Ireland, as Irish national legislation prevents the commercial exploitation of
   sea bass by Irish vessels. Introducing a comparable prohibition and widening it to all EU
   vessels active in the area would be beneficial to the stock; avoiding the development of
   further targeted fisheries and preventing displacement into this area. It is therefore proposed
   to introduce a prohibition into ICES divisions VIIa-c,g,j-k, with some permitted fishing inside
   the UK territorial sea to accommodate small scale fleets. Fishing should also be reduced in
   ICES divisions IVb,c and VIId,e,f,h by imposing monthly catch limits.
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 ---pagebreak---    Sea bass are caught in a range of incidental and targeted fisheries. It is considered that a
   limitation of catches will primarily impact on those fisheries which target sea bass, allowing
   fishermen to adapt fishing behaviours to reduce catches. The catch limits have been chosen in
   order to allow for incidental catches to be landed.
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 ---pagebreak---                                                                    2015/0108 (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)     In June 2014, the International Council for the Exploration of the Sea (ICES) released
           scientific advice on the stock on sea bass in the North East Atlantic, and confirmed
           that this stock has been in rapid decline since 2012. Furthermore, the Scientific,
           Technical and Economic Committee for Fisheries (STECF) has evaluated the
           protection of sea bass by national measures in place and, in general, has deemed those
           measures ineffective. Sea bass is a late maturing and slow growing species. The
           fishing mortality on sea bass in the North East Atlantic is currently four times higher
           than the level which would ensure maximum sustainable yield (MSY).
   (2)     By Implementing Regulation (EU) 2015/1111, based on Article 12 of Regulation (EU)
           No 1380/2013 of the European Parliament and of the Council2 the Commission has
           adopted urgent measures to reduce the fishing mortality caused by pelagic vessels
           targeting spawning aggregations of sea bass.
   (3)     Council Regulation (EU) 2015/1043 has been amended by Council Regulation (EU)
           2015/5234, with the aim to reduce the impact on fishing mortality from recreational
           fisheries.
   (4)     Further reduction of catches is necessary and therefore, catches of targeting fisheries
           should be reduced by the imposition of monthly catch limits in ICES divisions IVb
           and IVc, as well as VIId, VIIe, VIIf and VIIh. Monthly catch limits should also apply
           in the UK territorial sea in ICES divisions VIIa and VIIg. That measure should allow
           to fishermen to adapt current fishing behaviour to avoid sea bass, while being allowed
           to retain a level of incidental by-catch.
   1
           Commission Implementing Regulation (EU) 2015/111 of 26 January 2015 establishing measures to
           alleviate a serious threat to the conservation of the sea bass (Dicentrarchus labrax) stock in the Celtic
           Sea, Channel, Irish Sea and southern North Sea (OJ L 20, 27.1.2015, p. 31).
   2
           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).
   3
           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).
   4
           Council Regulation (EU) 2015/523 of 25 March 2015 amending Regulations (EU) No 43/2014 and
           (EU) 2015/104 as regards certain fishing opportunities (OJ L 84, 28.3.2015, p. 1).
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 ---pagebreak---    (5)    The conservation actions taken by Ireland should be maintained and extended to cover
          all Union vessels active in ICES divisions VIIb, VIIc, VIIj and VIIk. These actions
          should also apply in the ICES divisions VIIa and VIIg, except the waters within 12
          nautical miles from baseline under the soverignity of the United Kingdom.
   (6)    Catches of sea bass should be monitored on a monthly basis through collection of data
          from the Member States.
   (7)    Regulation (EU) 2015/104 should therefore be amended accordingly.
   (8)    For reasons of urgency, this Regulation should enter into force on the day following
          that of its publication,
   HAS ADOPTED THIS REGULATION:
                                                 Article 1
   In Regulation (EU) 2015/104, the following Article 9a is inserted:
                                               "Article 9a
                                     Measures concerning sea bass
            1.     It shall be prohibited for Union vessels to fish, retain on board, relocate,
                   tranship or land quantities exceeding the limits set out in paragraph 2 of sea
                   bass caught in the following areas:
                   (a)     ICES divisions IVb, IVc, VIId, VIIe VIIf and VIIh;
                   (b)     waters within 12 nautical miles from baseline under the soverignity of
                   the United Kingdom in ICES divisions VIIa and VIIg.
            2.     For the purposes of paragraph 1, the following catch limits shall apply:
                             Gear type                      Maximum catch of sea bass permitted
                                                             per vessel per calendar month (in kg)
               OTM or PTM, Mid water or pelagic                               1 500
                               trawls
                OTB, all types of demersal trawls                             1 500
                including Danish / Scottish seines
             All GN, all drift net and fixed (trammel)                        1 000
                            net fisheries
               All LL, all long lines or pole and line                        1 000
                              fisheries
                            purse seines                                      3 000
            3.     For Union vessels using more than one gear in a single calendar month the
                   lowest catch limit set in paragraph 2 for either gear shall apply.
            4.     The catch limits set in paragraph 2 shall not be transferable from one month to
                   another and between vessels.
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 ---pagebreak---              5.   It shall be prohibited for Union vessels to retain on board, tranship, relocate or
                  land sea bass caught in ICES divisions VIIb, VIIc, VIIj and VIIk, as well as in
                  the waters of ICES divisions VIIa and VIIg that are outside 12 nautical miles from
                  baseline under the soverignity of the United Kingdom.
             6.   Member States shall report to the Commission catches of sea bass per vessel
                  indicating the gear type used not later than 14 days after the end of each month.
                                               Article 2
   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 Council
                                                 The President
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