Regulation 2004/423 - Measures for the recovery of cod stocks - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 2004/423
Original proposal	COM(2003)237
CELEX number i	32004R0423

Avis juridique important

|

Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks

Official Journal L 070 , 09/03/2004 P. 0008 - 0011

Council Regulation (EC) No 423/2004

of 26 February 2004

establishing measures for the recovery of cod stocks

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament(1),

Whereas:

• (1) 

  Recent scientific advice from the International Council for the Exploration of the Sea (ICES) has indicated that a number of cod stocks in Community waters have been subjected to levels of mortality by fishing which have eroded the quantities of mature fish in the sea to the point at which the stocks may not be able to replenish themselves by reproduction and that these stocks are therefore threatened with collapse.

• (2) 

  These stocks are cod in the Kattegat, the North Sea, including the Skagerrak and the eastern Channel, to the west of Scotland and in the Irish Sea.

• (3) 

  Measures need to be taken to establish multi-annual plans for the recovery of these stocks.

• (4) 

  It is expected that recovery of these stocks under the conditions of this Regulation will take between five and 10 years.

• (5) 

  The objective of the plan concerning such measures should be considered to be achieved for a stock when, for two consecutive years, the quantity of mature cod has been greater than that decided upon by managers as being within safe biological limits.

• (6) 

  In order to achieve that objective, the fishing mortality rates should be controlled so that it is highly likely that the quantities of mature fish in the sea increase from year to year.

• (7) 

  Such control of fishing mortality rates can be achieved by establishing an appropriate method for the establishment of the level of the total allowable catches (TACs) of the stocks concerned, and a system whereby fishing effort on those stocks is constrained to levels so that the TACs are unlikely to be exceeded.

• (8) 

  Once recovery has been achieved, the Commission should propose, and the Council should decide upon, follow-up measures in accordance with Article 6 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy(2).

• (9) 

  Control measures in addition to those laid down in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(3) are required to ensure compliance with the measures laid down in this Regulation,

HAS ADOPTED THIS REGULATION:

CHAPTER I SUBJECT MATTER AND DEFINITIONS

Article 1

Subject-matter

This Regulation establishes a recovery plan for the following cod stocks (hereinafter referred to as "depleted cod stocks"):

(a) cod in the Kattegat;

(b) cod in the North Sea, in the Skagerrak and the eastern Channel;

(c) cod to the west of Scotland;

(d) cod in the Irish Sea.

Article 2

Definitions of geographical areas

For the purposes of this Regulation, the following definitions of geographical areas shall apply:

(a) "Kattegat" means that part of division III a, as delineated by ICES, that is bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse, and from this point to the nearest point on the Swedish coast, and on the south by a line drawn from Hasenore to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;

(b) "North Sea" means ICES subarea IV and that part of ICES division III a not covered by the Skagerrak and that part of ICES division II a which lies within waters under the sovereignty or jurisdiction of Member...

This text has been adopted from EUR-Lex.

This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.