Explanatory Memorandum to COM(2003)237 - Measures for the recovery of cod stocks

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dossier COM(2003)237 - Measures for the recovery of cod stocks.
source COM(2003)237 EN
date 06-05-2003
This proposal to establish measures for the recovery of cod stocks follows on from those previously made for cod and hake in December 2001 and 2002. (COM(2001) 724 final and COM (2002) 773 final) It also stems from a request of the Council at the December 2002 Fisheries Council for the Commission to propose a definitive recovery plan to replace the interim measures that were imposed in Annex XVII of the TAC and quota regulation. ((EC) No 2341/2002)

A proposal for the recovery of hake stocks will now be made separately.

The overall objective of the proposal is to ensure the safe recovery of the cod stocks to the precautionary stock sizes advised by scientists within a time frame of five to ten years.

The proposal is written as four chapters:

Chapter I sets out which cod stocks are covered by this proposal and, for each, what their lowest stock size should be to be in line with the precautionary approach. This chapter remains largely unchanged from the most recent proposal. The Commission maintains its proposal that the stocks of cod in the Irish Sea and Eastern Channel should be included in this recovery plan, including in respect of fishing effort limitation. Despite the existence of specific technical measures in the Irish Sea to protect cod spawning grounds, the state of this stock is still very serious and requires more stringent measures.

Chapter II sets out what the absolute minimum stock sizes should be, below which scientists indicate that the stocks are in significant danger of total collapse.

The chapter then lays down the guidelines for the setting of the levels of Total Allowable Catch (TAC) based on estimations of actual stock sizes by scientists. If this estimated stock size is below the recommended level but above or only slightly below the minimum level then the TAC will be set so as to aim for a 30% increase in stock size in the following year. If however the estimated stock size is well below the minimum level then more severe measures are proposed.

The chapter also sets out the details of the principle that the largest annual change, upwards or downwards, in any TAC from one year to the next should not be greater than 15% after the first year of implementation of a recovery plan.

However, these rules on the setting of TACs will be subject to the exception that the precautionary fishing mortality rates recommended by scientists - i.e. the maximum fishing mortality rate comparable with sustainable exploitation - should not be exceeded. The Commission considers that the breach of these rates would be incompatible with the precautionary approach.

Chapter III contains the Commission's proposals for the management of a fishing effort limitation scheme - i.e. restricting the time that the fishing vessels concerned may spend fishing to correspond with the TAC's. These proposals are considerably simplified compared to previous proposals. The system gives flexibility to Member States and fishermen in management and allocation of fishing effort to individual fishing vessels and ensures effective and proportionate reductions in fishing effort for each Member State and can be effectively monitored and controlled.

In simple terms the system works as follows:

* first the overall historical fishing effort of all vessels catching cod is calculated;

* then the reduction in fishing effort required to match the selected TAC is determined;

* this reduction is distributed across Member States in proportion to how much cod they have landed during the reference period in comparison to the total Community landings.

These effort limits, expressed in kilowatt-days, will be distributed among their vessels by Member States, within - but not between - the geographical areas occupied by the respective cod stocks. They will be fully transferable and usable at any time throughout the year.

Other features of the system - such as the exact definition of a day absent from port and exemptions from counting days under exceptional circumstances - have also been included, and are based on consultations in relation to the implementation of the interim cod recovery measures put in place in December 2002.

Chapter IV provides for measures in relation to improved monitoring, inspection and control for the vessels covered by the effort management system. These measures include details of prior notification, the requirement to land cod in designated ports and stowage and transport conditions.

This chapter remains largely unchanged from previous proposals although the rules concerning the use of VMS have been removed as they will be addressed in a new Regulation on this issue to be adopted as part of the CFP reform.

Technical conservation measures have not been included in this regulation. A number of technical measures aimed at assisting the recovery of cod stocks have already been implemented by Council Regulation (850/1998). Further evaluation of technical conservation measures in relation to the recovery of cod is currently underway and may be implemented at a later date.

The measures implemented by this Regulation for the recovery of cod stocks directly effect those fishing for associated species in relation to the proposed effort limitation scheme. It should be noted that, although no direct reference is made in the Regulation, there will also be consequences in relation to the Total Allowable Catches for other species and stocks associated with cod.

This proposal replaces the provisions set out in the modified proposal for a Council Regulation establishing measures for the recovery of cod and hake stocks. (COM(2002) 773 final)