28.12.2005 Official Journal of the European Union L 3455 COUNCIL REGULATION (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula and amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms 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: (STECF) to be within safe biological limits in the light of the most recent advice from ICES. In order to achieve that objective, the levels of the fishing mortality rates should be controlled so that the rates may be reduced from year to year. Such control of the fishing mortality rates can be achieved by establishing an appropriate method for the establishment of the level of Total Allowable Catches (TACs) of the stocks concerned, and a system including closed areas and limitations on kilowatt-days whereby fishing efforts on those stocks are restricted to levels at which the TACs may not be exceeded. (1)  Recent scientific advice from the International Council for the Exploration of the Sea (ICES) has indicated that the Southern hake and Norway lobster stocks in ICES Divisions VIlIc and IXa have been subjected to levels of mortality by fishing which have eroded the quantities of (7)  Once recovery has been achieved, the Council should mature indiVidualS in the sea to the extent that these decide on a proposal from the Commission on follow_ stocks may not be able to replenish themselves by repro- up measures in accordance with Article 6 of Regulation duction, and as result are threatened with collapse. (EC) No 2371/2002. (2)  Measures should be taken to establish multi-annual plans for the recovery of these stocks in conformity with Article 5 of Council Regulation (EC) No 23712002 of (8)  Control measures in addition to those laid down in 20 December 2002 on the conservation and sustainable Council Regulation (EEC) No 2847/93 of 12 October exploitation of fisheries resources under the Common 1993 establishing a control system applicable to the Fisheries Policy (?). common fisheries policy () should be included in order to ensure compliance with the measures laid down in this Regulation. (3)  The objective of the plans should be to rebuild these stocks to safe biological limits within 10 years. (9)  The recovery of Norway lobster stocks requires certain areas of reproduction of the species to be protected from (4)  The objective should be considered to be achieved when fishing. Therefore Regulation (EC) No 850/98 () should the stocks concerned are assessed by the Scientific, Technical and Economic Committee for Fisheries be amended accordingly, () OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu- (*) Opinion delivered on 14 April 2005 (Not yet published in the Official Journal). () O] L 358, 31.12.2002, p. 59. lation (EC) No 768/2005 (O] L 128, 21.5.2005, p. 1). () OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regu- lation (EC) No 1568/2005 (O] L 252, 28.9.2005, p. 2).