
COUNCIL REGULATION (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel 
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,
Whereas:

(1) On 19 July 2004 the Council adopted conclusions concerning the Commission’s Communication to the Council and the European Parliament of 1 October 2003 on the development of a Community Action Plan for the Management of European Eel, which included a request to the Commission to come forward with proposals for long-term management of eels in Europe.

(2) On 15 November 2005 the European Parliament adopted a resolution calling on the Commission to immediately submit a proposal for a regulation for the recovery of European eel stocks.

(3) The latest scientific advice from the International Council for the Exploration of the Sea (ICES) concerning European eel is that the stock is outside safe biological limits and that current fisheries are not sustainable. ICES recommends that a recovery plan be developed for the whole stock of European eel as a matter of urgency and that exploitation and other human activities affecting the fishery or the stock be reduced as much as possible.

(4) There are diverse conditions and needs in the Community which require different specific solutions. That diversity should be taken into account in the planning and execution of measures to ensure protection and sustainable use of the population of European eel. Decisions should be taken as close as possible to the locations where eel are exploited. Priority should be given to action by Member States through the drawing up of Eel Management Plans adjusted to regional and local conditions.

(5) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy are intended, inter alia, to protect, conserve and enhance the aquatic environment where eels spend part of their life cycle and it is necessary to ensure that there is coordination and consistency between measures taken under this Regulation and those taken under the aforementioned Directives. In particular, Eel Management Plans should cover river basins defined in accordance with Directive 2000/60/EC.

(6) The success of measures for the recovery of the European eel stock depends on close cooperation and coherent action at Community, Member State and local and regional level as well as on information, consultation and involvement of the public sectors involved. To this end support from the European Fisheries Fund may contribute to the effective implementation of Eel Management Plans.

(7) If river basins lying within the national territory of a Member State cannot be identified and defined as constituting natural habitats for the European eel, it should be possible for that Member State to be exempted from the obligation to prepare an Eel Management Plan.

(8) In order to ensure that eel recovery measures are effective and equitable, it is necessary that Member States identify the measures they intend to take and the areas to be covered, that this information be communicated widely, and that the effectiveness of the measures be evaluated.

(9) Eel Management Plans should be approved by the Commission on the basis of a technical and scientific evaluation by the Scientific, Technical and Economic Committee for Fisheries (STEFC).

(10) Within a river basin where fisheries and other human activities affecting eels may have transboundary effects, all programmes and measures should be coordinated for the whole of the relevant river basin. However, coordination must not take place at the expense of the rapid introduction of the national parts of Eel Management Plans. For river basins extending beyond the boundaries of the Community, the Community should endeavour to ensure appropriate coordination with the third countries concerned.

(11) In the context of transboundary coordination, both within and outside the Community, special attention should be devoted to the Baltic Sea and European coastal waters falling outside the scope of Directive 2000/60/EC. However, the need for such coordination should not prevent urgent action being taken by Member States.

(12) Special measures to increase the numbers of eels less than 12 cm in length released into European waters as well as for the transfer of eel less than 20 cm in length for the purpose of restocking should therefore be implemented as part of an Eel Management Plan.

(13) By 31 July 2013, 60 % of eels less than 12 cm in length caught annually should be reserved for restocking. The evolution of market prices for eel less than 12 cm in length should be monitored annually. In the event of a significant decline in average market prices for eels less than 12 cm in length used for restocking in eel river basins as defined by Member States, compared to the price of eels less than 12 cm in length used for other purposes, the Commission should be authorised to take appropriate measures which may include a temporary reduction in the percentage of eels less than 12 cm in length to be reserved for restocking.

(14) Catches of eels in Community waters seaward of the boundary of eel river basins defined by Member States as constituting natural eel habitats should be reduced gradually by reducing fishing effort or catches by at least 50 % based on the average fishing effort or catches in the years 2004 to 2006.

(15) Based on information to be provided by Member States, the Commission should produce a report on the outcome of the implementation of the Eel Management Plans and if necessary propose any appropriate measures to achieve with high probability the recovery of European eel.

(16) A control and monitoring system should be established by Member States adapted to the circumstances and to the legal framework already applicable to inland fisheries in consistency with Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy. In this context Member States should establish certain information and estimates concerning commercial and recreational fishing activities to support if necessary the reporting and evaluation of Eel Management Plans as well as control and enforcement measures. Member States should furthermore take measures to ensure control and enforcement of imports and exports of eel,
HAS ADOPTED THIS REGULATION:

Subject-matter
Article 1 

1. This Regulation establishes a framework for the protection and sustainable use of the stock of European eel of the species Anguilla anguilla in United Kingdom waters, in coastal lagoons, in estuaries and in rivers and inland waters of the United Kingdom that flow into the seas in ICES areas 4, 6 and 7.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eel Management Plans
Article 1A 

(1.) References in this Regulation to an  “Eel Management Plan” are references to—
(a) each Eel Management Plan which was, immediately before exit day, the Eel Management Plan approved by the European Commission under Article 5(1) of the Council Regulation in relation to a river basin within the United Kingdom; or
(b) any Eel Management Plan referred to in point (a) which has been amended in accordance with the requirements of this Regulation.
(2.) In this Article  “the Council Regulation” means Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel as it had effect in EU law before exit day.
Eel Management Plans: objectives and content
Article 2 

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. The objective of each Eel Management Plan  is  to reduce anthropogenic mortalities so as to permit with high probability the escapement to the sea of at least 40 % of the silver eel biomass relative to the best estimate of escapement that would have existed if no anthropogenic influences had impacted the stock.  This objective is a long term objective.
5. The target level of escapement shall be determined, taking into account the data available for each eel river basin, in one or more of the following three ways:
(a) use of data collected in the most appropriate period prior to 1980, provided these are available in sufficient quantity and quality;
(b) habitat-based assessment of potential eel production, in the absence of anthropogenic mortality factors;
(c) with reference to the ecology and hydrography of similar river systems.
6. Each Eel Management Plan shall contain a description and an analysis of the present situation of the eel population in the eel river basin and relate it to the target level of escapement laid down in paragraph 4.
7. Each Eel Management Plan shall include measures to attain, monitor and verify the objective set out in paragraph 4.  A fisheries administration  may define the means depending on local and regional conditions.
8. An Eel Management Plan may contain, but is not limited to, the following measures:
— reducing commercial fishing activity,
— restricting recreational fishing,
— restocking measures,
— structural measures to make rivers passable and improve river habitats, together with other environmental measures,
— transportation of silver eel from inland waters to waters from which they can escape freely to the Sargasso Sea,
— combating predators,
— temporary switching-off of hydro-electric power turbines,
— measures related to aquaculture.
9. Each Eel Management Plan shall contain a time schedule for the attainment of the target level of escapement laid down in paragraph 4, following a gradual approach and depending on an expected recruitment level; it shall include measures that will be applied as of the first year of application of the Eel Management Plan.
10. A fisheries administration must ensure that appropriate measures are implemented  as soon as possible to reduce the eel mortality caused by factors outside the fishery, including hydroelectric turbines, pumps or predators, unless this is not necessary to attain the objective of the plan.
11. Each Eel Management Plan shall include a description of the control and enforcement measures which will apply in waters other than  United Kingdom  waters in accordance with Article 10.
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exemption from the obligation to prepare an Eel Management Plan
Article 3 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Communication of Eel Management Plans
Article 4 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment and continuing implementation of Eel Management Plans
Article 5 

1. A fisheries administration may amend an Eel Management Plan provided that, on the basis of a technical and scientific evaluation of the proposed amendments, the fisheries administration is satisfied that the requirements of this Regulation will continue to be met by the amended Plan.
2. Before amending an Eel Management Plan, a fisheries administration must consult such persons or bodies as the fisheries administration considers appropriate.
3. Following any amendment of an Eel Management Plan in accordance with this Article, the fisheries administration must, without delay, publish the amended version of the Eel Management Plan together with a notice specifying the date on which the amendments will take effect and an explanation of how they will be implemented.
4. A fisheries administration must ensure that each Eel Management Plan is correctly implemented.
5. A fisheries administration may permit fishing for eel of the species Anguilla anguilla the whole year round provided that the fishery in question conforms to the specifications and restrictions set out in the relevant Eel Management Plan.
Transboundary Eel Management Plans
Article 6 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Measures concerning restocking
Article 7 

1. If a  fisheries administration  permits fishing for eels less than 12 cm in length as part of an Eel Management Plan, it shall reserve at least 60 % of the eels less than 12 cm in length caught by the fisheries in  the United Kingdom  during each year to be marketed for use in restocking in eel river basins  in accordance with Eel Management Plans  for the purpose of increasing the escapement levels of silver eels.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. In order to ensure that  60%  of eels less than 12 cm in length caught are used in a restocking programme,  a fisheries administration  must establish an appropriate reporting system.
4. The transfer of eels for restocking shall be part of an Eel Management Plan as defined in  Article 1A. Eel Management Plans shall specify the quantity of eels of less than 20 cm in length needed for restocking for the purpose of increasing escapement levels of silver eels.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. Restocking shall be deemed to be a conservation measure for the purposes of  Article 11(f) of Regulation (EU) No 508/2014, provided that:
— it is part of an Eel Management Plan ...,
— it concerns eels less than 20 cm in length, and
— it contributes to the achievement of the 40 % target level of escapement as referred to in Article 2(4).
Measures concerning  United Kingdom  waters
Article 8 

1. Where a  fisheries administration  operates a fishery in  United Kingdom  waters that catches eel, the  fisheries administration  shall either reduce fishing effort by at least 50 % relative to the average effort deployed from 2004 to 2006 or reduce fishing effort to ensure a reduction of eel catches by at least 50 % relative to the average catch from 2004 to 2006. This reduction is to be achieved gradually, initially by steps of 15 % per year in the first two years over a 5-year period, from 1 July 2009.
2. For the purposes of paragraph 1,  United Kingdom  waters are those waters seaward of the boundary of those eel river basins which constitute natural eel habitats as defined  in Eel Management Plans.
Reporting and Evaluation
Article 9 

1. A fisheries administration must ensure that for each Eel Management Plan a report is prepared and published, initially every third year, with the first report to be presented by 30 June 2012. The frequency of reporting shall decrease to once every sixth year, after the first three tri-annual reports have been submitted. Reports shall outline monitoring, effectiveness and outcome, and in particular shall provide the best available estimates of:
(a) ... the proportion of the silver eel biomass that escapes to the sea to spawn, or the proportion of the silver eel biomass leaving the territory of  the United Kingdom  as part of a seaward migration to spawn, relative to the target level of escapement set out in  the Eel Management Plan;
(b) the level of fishing effort that catches eel each year, and the reduction effected in accordance with  the Eel Management Plan;
(c) the level of mortality factors outside the fishery, and the reduction effected in accordance with  the Eel Management Plan;
(d) the amount of eel less than 12 cm in length caught and the proportions of this utilised for different purposes.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Control and enforcement in waters  outside United Kingdom  waters
Article 10 

1. A fisheries administration must  establish a control and catch monitoring system adapted to the circumstances and to the legal framework already applicable to  inland fisheries within the United Kingdom, which shall be consistent with the relevant provisions set out in  Council Regulation (EC) No 1224/2009.
2. The control and catch monitoring system shall contain a thorough description of all systems of allocation of fishing rights in eel river basins which constitute natural eel habitats as defined  in Eel Management Plans, including privately owned waters.
Information concerning fishing activities
Article 11 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Control and enforcement concerning imports and exports of eel
Article 12 
No later than 1 July 2009,  a fisheries administration must:

— take the measures necessary to identify the origin and ensure the traceability of all live eels imported or exported from  the United Kingdom,
— determine whether the eel harvested in the  United Kingdom  and exported ... was caught in a manner consistent with ... conservation measures,
— take measures to determine whether the eel harvested in the waters of any relevant regional fisheries organisation and imported into  the United Kingdom  was caught in a manner consistent with the rules agreed in the regional fisheries organisation in question.
Entry into force
Article 13 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...Done at Brussels, 18 September 2007.
For the Council
The President
R. PEREIRA