L 70/8 Official Journal of the European Union 9.3.2004 COUNCIL REGULATION (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks THE COUNCIL OF THE EUROPEAN UNION, (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 Having regard to the Treaty establishing the European Com- Council Regulation (EC) No 2371/2002 of 20 December munity, and in particular Article 37 thereof, 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (). Having regard to the proposal from the Commission, (9)  Control measures in addition to those laid down in Council Regulation (EEC) No 2847/93 of 12 October Having regard to the opinion of the European Parliament (), 1993 establishing a control system applicable to the common fisheries policy () are required to ensure compliance with the measures laid down in this Regu- Whereas: lation (1) Recent scientific advice from the International Council for the Exploration of the Sea (ICES) has indicated that a HAS ADOPTED THIS REGULATION: 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 CHAPTER 1 point at which the stocks may not be able to replenish themselves by reproduction and that these stocks are therefore threatened with collapse. SUBJECT MATTER AND DEFINITIONS Atrticle 1 ) 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. Subject-matter This Regulation establishes a recovery plan for the following cod stocks (hereinafter referred to as ‘depleted cod stocks)): (3)  Measures need to be taken to establish multi-annual (a) cod in the Kattegat; plans for the recovery of these stocks. (b) cod in the North Sea, in the Skagerrak and the eastern Channel; (4) It is expected that recovery of these stocks under the conditions of this Regulation will take between five and (€) cod to the west of Scotland; 10 years. (d) cod in the Irish Sea. (5)  The objective of the plan concerning such measures Article 2 should be considered to be achieved for a stock when, for two consecutive years, the quantity of mature cod Definitions of geographical areas has been greater than that decided upon by managers as being within safe biological limits. 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; (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 establish- (b) ‘North Sea’ means ICES subarea IV and that part of ICES ment of the level of the total allowable catches (TACs) of division III a not covered by the Skagerrak and that part of the stocks concerned, and a system whereby fishing ICES division II a which lies within waters under the sover- effort on those stocks is constrained to levels so that the eignty or jurisdiction of Member States; TACs are unlikely to be exceeded. () OJ L 358, 31.12.2002, p. 59. (") Opinion of 23 October 2003 (not yet published in the Official () OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu- Journal). lation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).