Council Regulation (EC) No 811/2004 of 21.4.2004 establishing measures for the recovery of the Northern hake stock
Modified by
  • Council Regulation (EC) No 1224/2009of 20 November 2009establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006, 32009R1224, December 22, 2009
  • Regulation (EU) 2019/472 of the European Parliament and of the Councilof 19 March 2019establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008, 32019R0472, March 25, 2019
Corrected by
  • Corrigendum to Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the northern hake stock, 32004R0811R(01), May 24, 2004
Council Regulation (EC) No 811/2004of 21 April 2004establishing measures for the recovery of the northern hake stock
Article 1Subject matterThis Regulation establishes a recovery plan for the northern hake stock which inhabits the ICES division III a, ICES subarea IV, ICES divisions V b (Community waters), VI a (Community waters), ICES subarea VII and ICES divisions VIII a, b, d, e (the northern hake stock).
Article 2Purpose of the recovery planThe recovery plan referred to in Article 1 shall aim to increase the quantities of mature fish of the northern hake stock concerned to values equal to or greater than 140000 tonnes.
Article 3Reaching of target levelsWhere the Commission finds, on the basis of advice from ICES and following agreement on that advice by the Scientific Technical and Economic Committee for Fisheries (STECF), that for two consecutive years the target level for the northern hake stock concerned has been reached, the Council shall decide by qualified majority on a proposal from the Commission to replace the recovery plan by a management plan for the stock in accordance with Article 6 of Regulation (EC) No 2371/2002.
Article 4Setting of TACsA TAC shall be set in accordance with Article 5 where, for the northern hake stock concerned the quantities of mature northern hake have been estimated by the STECF, in the light of the most recent report of ICES, to be equal to or above 100000 tonnes.
Article 5Procedure of setting TACs1.Each year, the Council shall decide by qualified majority on a proposal from the Commission on a TAC for the following year for the northern hake stock concerned.2.For 2004, the TAC shall be set at a level corresponding to a fishing mortality of 0,25, 4 % less than status quo fishing mortality. For the subsequent years of the recovery plan, the TAC shall not exceed a level of catches which scientific evaluations carried out by the STECF, in the light of the most recent reports of ICES, indicate will correspond to a fishing mortality rate of 0,25.3.The Council shall not adopt a TAC whose capture is predicted by the STECF, in the light of the most recent report of the ICES, to lead to a decrease in spawning stock biomass in its year of application.4.Where it is expected that the setting of the TAC for a given year in accordance with paragraph 2 will result in a quantity of mature fish at the end of that year in excess of the target level indicated in Article 2, the Commission will carry out a review of the recovery plan and propose any adjustments necessary on the basis of the latest scientific evaluations. Such a review shall in any event be carried out not later than three years following the adoption of this Regulation with the aim of ensuring that the objectives of the recovery plan are achieved.5.Except for the first year of application of this Regulation, the following rules shall apply:(a)where the rules provided for in paragraph 2 or 4 would lead to a TAC for a given year which exceeds the TAC of the preceding year by more than 15 %, the Council shall adopt a TAC which shall not be more than 15 % greater than the TAC of that year or;.(b)where the rule provided for in paragraph 2 or 4 would lead to a TAC for a given year which is more than 15 % less than the TAC of the preceding year, the Council shall adopt a TAC which is not more than 15 % less than the TAC of that year.
Article 6Setting of TACs in exceptional circumstancesWhere the quantities of mature fish of the northern hake stock concerned have been estimated by the STECF, in the light of the most recent report of the ICES, to be less than 100000 tonnes, the following rules shall apply:(a)Article 5 shall apply where its application is expected to result in an increase in the quantities of mature fish of the northern hake stock concerned, at the end of the year of application of the TAC to a quantity equal to or greater than 100000 tonnes;(b)where the application of Article 5 is not expected to result in an increase in the quantities of mature fish of the northern hake stock concerned, at the end of the year of application of the TAC, to a quantity equal to or greater than 100000 tonnes, the Council shall decide by a qualified majority, on a proposal from the Commission, on a TAC for the following year that is lower than the TAC resulting from the application of the method described on Article 5.
Article 7Recording and accounting of time spent in the areasNotwithstanding Article 19a of Regulation (EEC) No 2847/93, Articles 19e and 19k of that Regulation shall apply to vessels operating in the geographical area referred to in Article 1.
Article 8Prior notification1.The master of a Community fishing vessel, or his/her representative, prior to any entry in to port or any landing location of a Member State with more than two tonnes of northern hake on board shall inform the competent authorities of that Member State, at least four hours in advance of such entry, of:(a)the name of the port or landing location;(b)the estimated time of arrival at that port or landing location;(c)the quantities in kilograms live weight of regulated species of which more than 50 kg is retained on board.2.The competent authorities of a Member State in which a landing of more than two tonnes of northern hake is to be made, may require that the discharge of catch retained on board shall not commence until authorised by those authorities.3.The master of a Community fishing vessel, or his/her representative, wishing to tranship or discharge at sea any quantity retained on board or to land in a port or landing location of a third country shall transmit to the competent authorities of the flag Member State at least four hours prior to transhipment or discharge at sea or to landing in a third country the information referred to in paragraph 1.
Article 9Designated ports1.Where more than two tonnes of northern hake are to be landed in the Community from a Community fishing vessel, the master of the vessel shall ensure that such landings are made only at designated ports.2.Each Member State shall designate ports at which any landing of northern hake in excess of two tonnes shall take place.3.Each Member State shall transmit to the Commission by 4 June 2004 the list of designated ports and, within 30 days thereafter, associated inspection and surveillance procedures for those ports, including the terms and conditions for recording and reporting the quantities of northern hake within each landing. The Commission shall transmit the information to all Member States.
Article 10Margin of toleranceBy way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fishOJ L 276, 10.10.1983, p. 1. Regulation as last amended by Regulation (EC) No 1965/2001 (OJ L 268, 9.10.2001, p. 23)., the permitted margin of tolerance in the estimation of quantities of northern hake, in kilograms retained on board, shall be 8 % of the logbook figure. In the event that no conversion factor is laid down in Community legislation, the conversion factor adopted by the Member State whose flag the vessel is flying shall apply.
Article 11Separate stowageIt shall be prohibited to retain on board a Community fishing vessel in any container any quantity of northern hake mixed with any other species of marine organisms. Containers with northern hake shall be properly marked for identification purposes or stowed in the hold in such a way that they are kept separate from other containers.
Article 12Transport1.The competent authorities of a Member State may require that any quantity of northern hake caught in the geographical area defined in Article 1 and first landed in that Member State is weighed in the presence of controllers before being transported elsewhere from the port of first landing. For northern hake first landed in a port designated under Article 9, representative samples, amounting to at least 20 % of the landings in number, shall be weighed in the presence of controllers authorised by the Member States before they are offered for first sale and sold. To this end, the Member States shall submit to the Commission, by 20 June 2004, details of the sampling regime to be employed.2.By way of derogation from the conditions laid down in Article 13 of Regulation (EEC) No 2847/93, all quantities of northern hake greater than 50 kg which are transported to a place other than that of first landing or import shall be accompanied by a copy of the declaration provided for in Article 8(1) of that Regulation pertaining to the quantities of northern hake transported.
Article 13Specific monitoring programmeBy way of derogation from Article 34c(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for the northern hake stock concerned may last more than two years from its date of entry into force.
Article 14Entry into forceThis Regulation shall enter into force on the 20th day following 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.
Loading ...