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21.8.2013 Official
Journal
of
the
European
Union L
223/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 793/2013
of 20 August 2013
establishing measures in respect of the Faeroe Islands to ensure the conservation of the Atlanto-
Scandian herring stock
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(3)
Since 2007, the arrangements agreed during the coastal
States’ consultations included definitive rules on the
sharing of the total allowable catch and a commitment
to maintain the relative stability of the shares for future
years. The shares agreed for the stock of Atlanto-
Having regard to the Treaty on the Functioning of the European
Scandian herring were 5,16 % for the Faeroe Islands,
Union,
14,51 % for Iceland, 6,51 % for the Union, 61 % for
Norway and 12,82
% for the Russian Federation.
Furthermore, the coastal states also had a long-standing
agreement to review and revise the commonly agreed
management arrangements only jointly, on the basis of
Having regard to Regulation (EU) No 1026/2012 of the
new scientific advice and by a given date.
European Parliament and of the Council of 25 October 2012
on certain measures for the purpose of the conservation of fish
stocks in relation to countries allowing non-sustainable fish
ing ( 1 ), and in particular Article 4 thereof,
(4) To
facilitate
the
setting
of
total
allowable
catches,
the
coastal States had agreed and implemented, on the
basis of the available scientific knowledge, a long-term
management plan consistent with the precautionary
Whereas:
approach, intended to keep harvesting within safe
biological limits and designed to ensure sustainable
fisheries.
(1) The
stock
of
Atlanto-Scandian
herring
(also
referred
to
as
Norwegian spring-spawning herring) is the largest herring
stock of the world. It produced catches of the order of 1
(5) This
long-term
management
plan
aimed
at
avoiding
that
million to 2 million tonnes. However, heavy exploitation
the stock would fall below the biomass level of
due to overfishing led the stock to collapse and to the
2 500 000 tonnes and to make all efforts to maintain
cessation of all fisheries for more than two decades
it above 5 000 000 tonnes, the level believed to produce
between the early 1970s and the mid 1990s, with very
maximum sustainable yield. This was to be done by
severe consequences for the fleets that exploited that
restricting harvesting in a manner consistent with a
stock.
fishing mortality of 0,125. It was agreed that, if the
biomass level fell below the level of 5 000 000 tonnes,
the fishing mortality should be reduced in order to
ensure a rapid recovery of the stock.
(2) The
stock
of
Atlanto-Scandian
herring
was
managed,
since the recovery of the stock and the re-opening of
the fishery in 1996, following consultations among the
(6) In
September
2012
the
International
Council
for
the
five parties whose economic exclusive zone (EEZ) is
Exploration of the Seas (ICES) recommended, in
visited by this fish during its migration cycle: the
accordance with the precautionary approach set out in
Russian Federation, Norway, the Faeroe Islands, Iceland
the management plan, that the total allowable catch
and the European Union (hereinafter ‘the coastal States’).
(TAC) for the five coastal States should be no more
than 619 000 tonnes in 2013, which represents a
( 1 ) OJ L 316, 14.11.2012, p. 34.
decrease of 26 % compared to the TAC fixed for 2012.

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L 223/2
EN
Official Journal of the European Union
21.8.2013
(7) In
the
coastal
State
consultations
held
from
October
10 December 1982 relating to the Conservation and
2012 through January 2013 in order to negotiate the
Management of Straddling Fish Stocks and Highly
arrangements for 2013, the representatives of the
Migratory Fish Stocks (UNFSA).
Faeroe Islands consistently and repeatedly stated their
refusal to continue the current sharing arrangement.
Arrangements for 2013 were finally concluded
18 January 2013 by just four coastal States, in order
to maintain a coordinated management of the stock by
coastal States as far as possible. The agreed record of
those consultations, dated 23 January 2013, states that:
(11) If the catch limits set out by the four coastal States and
‘The Delegations expressed their concern that the Faeroe
the Faeroe Islands were reached, the total catch would
Islands have withdrawn from the Coastal States
amount to 692 290 tonnes, which would constitute an
agreement without prior notification’. Given the impossi
overfishing compared to the recommended TAC.
bility to agree an arrangement with five parties due to
According to the assessments and catch forecasts made
the Faeroese withdrawal from the consultations, it was
by ICES when delivering advice for the management of
agreed amongst the remaining four parties to take
the 2013 fishing season ( 1 ), such a catch would lead the
account of the fishing interests of the Faeroe Islands by
spawning stock biomass (SSB) at the beginning of 2014
setting aside their traditional share, i.e. the share that the
to a level of 4 200 000 tonnes, well below the level of
Faeroe Islands have held since the 2007 arrangement,
5 000 000 tonnes that is expected to produce maximum
which corresponded to 31 000 tonnes (5,16 % of the
sustainable yield.
TAC).
(12) Furthermore,
new
publicly
available
scientific
evidence
(8)
In the course of the coastal state consultations leading up
provided by ICES in May 2013 ( 2 ) confirms that the
to 23 January 2013, the representatives of the Faeroe
the long-term management plan as currently designed
Islands did not make any demand for a precise share,
(aiming at a fishing mortality of 0,125) is precautionary
they did not make any written or oral proposal for a new
whilst an increase of the target fishing mortality to a
sharing arrangement, they did not seek to engage with
value of 0,15, which happens to be equivalent to that
the four other parties, and they did not make any effort
resulting from the increase of the Faeroese share, makes
to cooperate in discussing an arrangement for 2013.
the plan become non-precautionary, with associated
increased risk of stock collapse.
(9) The
Fisheries
Minister
of
the
Faeroe
Islands
announced
in
a statement of 26 March 2013 that a catch limit of
(13) According to Article 3 of Regulation (EU) No
105 230 tonnes had been set unilaterally for the
1026/2012, a country may be identified as a country
Faeroese fleet, which represents 17 % of the recom
allowing non-sustainable fishing where: (a) it fails to
mended TAC or more than three times the share that
cooperate in the management of a stock of common
would correspond to an application of the previously
interest in full compliance with the provisions of the
agreed arrangements and an increase by 145 % of their
United Nations Convention on the Law of the Sea of
share in 2012. That unilateral announcement is to be
10 December 1982 (UNCLOS) and the United Nations
assessed in the light of the above-mentioned scientific
Agreement for the Implementation of the Provisions of
advice to reduce catches in 2013 by 26 %. With that
the United Nations Convention on the Law of the Sea of
announcement, the Faeroe Islands also de facto
10 December 1982 relating to the Conservation and
abandoned the jointly agreed management plan.
Management of Straddling Fish Stocks and Highly
Migratory Fish Stocks of 4 August 1995 (UNFSA), or
any other international agreement or norm of inter
national law; and (b) either: (i) it fails to adopt
necessary fishery management measures; or (ii) it
adopts fishery management measures without due
(10) By
those actions, the Faeroe Islands have failed to
regard to the rights, interests and duties of other
cooperate with the Union and with the other coastal
countries and the Union, and those fishery management
States in the management of a stock of common
measures, when considered in conjunction with measures
interest, the Atlanto-Scandian herring, and have failed
taken by other countries and the Union, lead to fishing
to comply with the obligations under Article 61(2),
activities which could result in the stock being in an
Article 63(1) and (2) and Articles 118, 119 and 300
unsustainable state.
of the United Nations Convention on the Law of the
Sea of 10 December 1982 (UNCLOS) and Articles 5
and 6 and Article 8(1) and (2) of the United Nations
( 1 ) http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2012/
2012/her-noss.pdf
Agreement for the Implementation of the Provisions of
( 2 ) http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2013/
the United Nations Convention on the Law of the Sea of
Special%20requests/NEAFC%20NSS%20herring%20MP.pdf

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EN
21.8.2013 Official
Journal
of
the
European
Union L
223/3
(14) As a result of the above considerations, the Faeroe
Islands, concluded that these do not constitute a rebuttal
Islands meet all the criteria to be identified as a
of the reasons of the Commission’s notification or an
country allowing non-sustainable fishing and therefore
objective reason to justify the lack of cooperation of
the Commission may hence adopt the measures
this country. That conclusion, taken together with the
provided for in Regulation (EU) No 1026/2012.
unwillingness to rectify the unilateral catch limits for
2013, leads the Commission to conclude that the
Faeroe Islands continue to meet the criteria to be
identified as a country allowing non-sustainable fishing.
(15) The
Commission,
pursuant
to
Article
6
of
Regulation
(EU) No 1026/2012, decided to notify the Home
Government of the Faeroe Islands and the Government
of Denmark, by decision of 17 May 2013 ( 1 ) and letter of
(19) Therefore, the Commission considers that it is necessary
the same date, its intention to identify the Faeroe Islands
to adopt measures pursuant to Article 4 of Regulation
as a country allowing non-sustainable fishing, indicating
(EU) No 1026/2012.
the reasons for that identification and describing the
possible measures that may be taken pursuant to that
Regulation. The Home Government of the Faeroe
Islands acknowledged receipt of the letter the same day.
(20) Those
measures
need
to
be
effective
and
proportionate
to
achieve their conservation objective and should prevent
the Faeroe Islands to take advantage of the Union
markets, ports and facilities to maintain its unsustainable
(16) By 17 June 2013, the Home Government of the Faeroe
fishery for herring.
Islands responded to the notification contesting the
arguments put forward by the Commission with its
own arguments, namely, that they have not withdrawn
from the consultations, that they continue to be
committed to finding a negotiated solution to the
sharing of the stock and that the EU has not the right
(21) In addition, the Commission has evaluated the environ
to use coercive measures. However, but did neither
mental, trade, economic and social effects in the short
express any intention to amend its decision on the
and long terms of the measures which may be adopted
unsustainable catch limits for 2013 nor it did give any
pursuant to Article 4(1) of Regulation (EU) No
clear justification for their high catch limit for 2013,
1026/2012, as well as the administrative burden
beyond a not-substantiated allegation of ‘an increased
associated with their implementation.
occurrence of this stock in recent years in maritime
areas under Faeroese jurisdiction’.
(22) On
the
basis
of
that
evaluation
it
appears
appropriate
to
adopt, as a first step, certain measures listed in points (c),
(17) The Commission examined the existing scientific
(d), (e) and (i) of Article 4(1) of Regulation (EU) No
literature on the subject and only found statements
1026/2012. Should those measures prove ineffective
pointing to occasional occurrence of herring in
and should the Faeroe Islands continue to allow non-
Faeroese waters for longer time in the season, but did
sustainable fishing, further measures may be established.
not find any reference allowing to interpret this
phenomenon as a stable or permanent increase in abun
dance. As to the argument advanced by the Faeroe
Islands that the stock will fall below MSY in 2014 in
any case, and not as a consequence of their increased
unilateral share, it should be noted that, according to the
(23) The
Faeroese
fishery
for
herring,
conducted
by
mid-water
latest scientific advice (see recital 12 above), while the
trawlers, can be a directed fishery in the colder months
stock may recover to MSY, it will remain longer below
of the year, but it is a mixed fishery in late spring and
that level and under a higher danger of stock collapse if
summer, when herring and mackerel are caught in
the current target fishing mortality is increased to a value
similar quantities. Both species can be caught by the
equivalent as that resulting from the increased Faeroese
same vessel in the same haul, in the same fishing trip
share.
or in the same fishing grounds along the season.

Mackerel is thus an associated species with herring.
Consequently, by continuing to catch and export
mackerel, the Faeroe Islands would be led to also
continue to catch high amounts of herring, which is a
necessary by-catch, even if herring could not be exported
(18) The
Commission,
following
a
detailed
analysis
of
the
to the Union. Therefore, by not including also mackerel
arguments of the Home Government of the Faeroe
imports in the measures the effectiveness of a ban on the
imports of herring would be undermined as a means to
( 1 ) Decision C(2013) 2853 of 17.5.2013.
prevent further damage to the sustainability of the

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L 223/4
EN
Official Journal of the European Union
21.8.2013
herring stock. Mackerel cohabits with herring to such an
with their implementation, it can be concluded that the
extent that, while fishing for mackerel in fisheries under
measures are reasonable and will not have unacceptable
the control of Faeroe Islands, there is always a risk to
effects or create an undue burden. The environmental
catch herring. Therefore, all mackerel caught under the
effects of the measures are sound because they are
control of the Faeroe Islands is susceptible of having
expected to contribute to improving the sustainability
been caught together with herring. As a consequence,
of the stock of herring. Their trade effects will be
in order for trade measures to be effective, they should
moderate because, although immediate economic effects
cover both herring and mackerel.
are to be expected, alternative exchange mechanisms can
be found in the medium term and at the end no shortage
in supplies is to be expected within the EU. The
economic and social effects are expected to be
moderate in the short term, since they will be associated
to trade effects; however, in the medium and long terms,
(24) In
assessing
the
proportionality
of
the
measures,
and
in
if the measures achieve the desired effects, will necessarily
particular in deciding whether restrictions on the trade of
be very positive especially for a number of fleets whose
the main species caught during the herring fishery should
economic dependence from pelagic fish is high. The
be limited to a a certain amount or should prohibit all
adminstrative burden from the measures will be relatively
imports, the Commission examined whether alternative
low if one considers that most of the control means,
measures other than a total ban of imports of all
including personnel, necessary in order to enforce the
products made from or containing herring or mackerel
measures in Member States exist already.
could be envisaged as more proportionate measures.
Three possible alternatives have been assessed: (i) a
quantitative restriction of all products, limiting the
imports to the traditional exchanges, (ii) a total ban of
only fresh, frozen and canned fish, not including more
elaborated products such as fish meal and oil, and (iii) an
(27) Finally,
the
Commission
examined
the
compatibility
of
import ban limited to herring and herring products only.
the measures with international law and concluded that
While the first of these three options could be highly
they relate to the conservation of an exhaustable fish
effective given the high importance of fish meal
stock and aim at the avoidance of over-exploitation of
exports from Faeroe Islands into the EU, it is taken as
the stock made effective, since the measures aim to
too burdensome at this stage, especially taking into
maintain the Atlanto-Scandian herring stock within safe
account that, on the one hand, it may affect sectors of
biological limits. The measures are made effective in
the Faeroese fishing industry not directly related to the
conjunction with the Union’s own conservation
pelagic catching sector and, on the other hand, it will
measures (Article 5(1)(b) of Regulation (EU) No
create a high administrative burden associated to the
1026/2012). In particular, the Union has reduced its
analysis of fish meal and oil samples in specialised
catches by 26 %, in line with the recommendation by
laboratories in order to determine their composition by
the International Council for the Exploration of the
species. The third alternative, as said above, is considered
Seas (ICES), and the Union is applying fully the
inefficient as long as its potential economic consequences
conditions and limitations of the long-term management
can easily be offset by mackerel exports. The second
plan, which has been agreed and applied by the coastal
alternative offers therefore the best balance between the
states since 1999 and has been confirmed again by the
means and their desired effects and there are no less
ICES in May 2013 as consistent with the precautionary
onerous measures to achieve the necessary result.
approach and as the right management approach to keep
harvesting within safe biological limits. Furthermore,
there is no conclusive scientific evidence pointing to a
higher share in the Atlanto-Scandian herring fishery to
which the Faeroe Islands would be entitled; therefore, a
reduction of their catches as recommended by the ICES
(25) In
assessing
the
proportionality,
the
Commission
also
for 2013 would have been appropriate.
examined whether the other measures than import
restrictions, and notably restrictions on the use of
ports, are necessary. Because the use of ports for
refuelling, landing, exchange of crews, repairs and rest
constitute routine and necessary activities linked to the
catching of herring, the Commission concluded that such
(28) Consequently, the measures to be adopted as a fist step
measures are also necessary and no alternative less
should include: (a) the prohibition of imports of herring
restrictive measures are possible to avoid that the fleets
and mackerel form the Atlanto-Scandian stocks as well as
of the Faeroe Islands takes advantage of EU facilities to
of fishery products containing or made of such fish and
prosecute unsustainable herring fisheries.
(b) restrictions on the use of Union ports by vessels
fishing for the Atlanto-Scandian herring and mackerel
stocks under the control of the Faeroe Islands and by
vessels transporting fish or fisheries products stemming
from that fishery. In order to facilitate the enforcement
of the measures applicable to vessels conducting fisheries
(26) In
evaluating
the
environmental,
trade,
economic
and
on the relevant herring or mackerel stocks or trans
social effects of the measures in the short and long
porting fish or fishery products stemming form those
term, as well as the administrative burden associated
stocks, Member States should be provided with lists of

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EN
21.8.2013 Official
Journal
of
the
European
Union L
223/5
those vessels. In order to determine whether herring or
(c) Mackerel is fish from the species Scomber scombrus that has
mackerel have been caught under the control of the
been caught in the areas occupied by Atlanto-Scandian
Faeroe Islands, use should be made of the catch certifi
herring.
cation scheme set out in Chapter III of Council Regu
lation (EC) No 1005/2008 of 29 September 2008 estab
lishing a Community system to prevent, deter and
eliminate illegal, unreported and unregulated fishing,
(d) ‘Caught under the control of the Faeroe Islands’ means
amending Regulations (EEC) No 2847/93, (EC) No
caught by vessels flying the flag of the Faeroe Islands, or
1936/2001 and (EC) No 601/2004 and repealing Regu
by vessels flying the flag of another State which have been
lations (EC) No 1093/94 and (EC) No 1447/1999 ( 1 ).
authorised to fish in the Faeroe Islands’ exclusive economic
zone or have been chartered by a Faeroese firm or by
Faeroese authorities.
(29) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Committee for
Fisheries and Aquaculture,
Article 4
Identification
The Faeroe Islands shall be identified as a country allowing non-
HAS ADOPTED THIS REGULATION:
sustainable fishing of the Atlanto-Scandian herring stock.
Article 1
Article 5
Subject matter
Measures
This Regulation identifies the Faeroe Islands as a country
allowing non-sustainable fishing of the Atlanto-Scandian
1. It
shall
be
prohibited
to
introduce
into
the
territory
of
the
herring stock and establishes measures in respect of the
Union, including for transhipment purposes at ports, fish or
Faeroe Islands to ensure the long-term conservation of that
fishery products set out in Annex which consist of, are made
stock.
of, or contain Atlanto-Scandian herring or mackerel caught
under the control of the Faeroe Islands.
Article 2
2. The
use
of
Union
ports
by
vessels
flying
the
flag
of
the
Scope and objectives
Faeroe Islands that fish for Atlanto-Scandian herring or
mackerel and by vessels transporting the fish or the fishery
This Regulation shall apply to the fishery for Atlanto-Scandian
products stemming from Atlanto-Scandian herring or
herring conducted under the control of the Faeroe Islands. It has
mackerel that have been caught either by vessels flying the
the objective of ensuring long-term sustainability of the stock of
flag of that country or by vessels authorised by it while flying
Atlanto-Scandian herring.
another flag shall be prohibited. This prohibition shall not apply
in cases of force majeure or distress within the meaning of
Article 18 of the 1982 United Nations Convention on the
Law of the Sea for services strictly necessary to remedy those
Article 3
situations.
Definitions
For the purposes of this Regulation, the following definitions
shall apply:
Article 6
Implementation
(a) ‘Atlanto-Scandian herring stock’ means the stock of herring
1. The
competent
authorities
of
the
Member
States
shall
(Clupea harengus) in ICES (International Council for the
make use of the catch certification scheme laid down in
Exploration of the Sea) subareas I, II, V, XII and XIV (
Chapter III of Regulation (EC) No 1005/2008 to identify any

2 ).
product covered by the prohibition set out in Article 5(1) of
this Regulation.
(b) ‘Atlanto-Scandian herring’ means fish from the Atlanto-
Scandian herring stock.
2. In order to facilitate the implementation of the
prohibition set out in Article 5(2), Member States shall be
( 1 ) OJ L 286, 29.10.2008, p. 1.
provided with indicative lists of vessels that, according to
( 2 ) As specified in Regulation (EC) No 218/2009 of the European
reliable sources of data, have fished or are currently fishing
Parliament and of the Council of 11 March 2009 on the submission
of nominal catch statistics by Member States fishing in the north-
for Atlanto-Scandian herring or mackerel under the control of
east Atlantic (OJ L 87, 31.3.2009, p. 70).
the Faeroe Islands.

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L 223/6
EN
Official Journal of the European Union
21.8.2013
Article 7
Entry into force
This Regulation shall enter into force on the seventh 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, 20 August 2013.
For the Commission
The President
José Manuel BARROSO

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EN
21.8.2013 Official
Journal
of
the
European
Union L
223/7
ANNEX
List of fish and fishery products whose introduction in to the territory of the Union is prohibited
Species Products
(Harmonised
System
(HS)
nomenclature)
Herring (Clupea harengus) ex
0302
41
ex 0302 90
ex 0303 51
ex 0303 90 90
ex 0304 59 50
ex 0304 86
ex 0304 99 23
ex 0305 42
ex 0305 59 30
ex 0305 61
ex 0305 72
ex 0305 79
ex 1604 12
ex 1604 20 90
Mackerel (Scomber scombrus) ex
0302
44
ex 0303 54
ex 0304 49 90
ex 0304 89 49
ex 0304 99 99
ex 0305 49 30
ex 1604 15
ex 1604 20 50

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Document Outline

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