# EUR-Lex - 52014PC0169 - EN

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# 52014PC0169

**Proposal for a COUNCIL REGULATION amending Regulation (EU) No 43/2014 as regards catch limits for the fisheries on sandeel in EU waters of ICES zones IIa, IIIa and IV /* COM/2014/0169 final - 2014/0092 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Council Regulation (EU) No 43/2014 fixed,
for 2014, the fishing opportunities for certain fish stocks and groups of fish
stocks applicable in Union waters and, for Union vessels, in certain non-Union
waters. This Regulation focuses mainly on Atlantic and North Sea stocks. These
fishing opportunities are usually amended several times during the period in
which they are in effect.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

Not applicable.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

The proposal seeks to amend Regulation (EU)
No 43/2014 so as to allow fishing for sandeel in ICES zones IIa, IIIa and IV.
The levels proposed are in accordance with the scientific advice for this stock
delivered by ICES on 21 February 2014.

2014/0092 (NLE)

Proposal for a

COUNCIL REGULATION

amending Regulation (EU) No 43/2014 as
regards catch limits for the fisheries on sandeel in EU waters of ICES zones
IIa, IIIa and IV

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the
European Commission[1],

Whereas:

(1)       Catch limits for sandeel
in EU waters of ICES zones IIa, IIIa and IV were set at zero in Annex IA of Regulation (EU) 43/2014, pending advice from the International Council for the
Exploration of the Sea (ICES).

(2)       ICES advice on the stock
has been available since 21 February 2014, and it is now possible to set a TAC
for sandeel in this area, distributed in seven management areas in order to
avoid local depletion. The allocation of quotas in these management areas
should take into account the exchanges agreed with Norway in the light of
consultations on fishing rights held in accordance with the bilateral agreement
on fisheries with Norway[2].

(3)       Annex IA to Regulation
(EU) No 43/2014 should therefore be amended accordingly.

(4)       The catch limits provided
for in Regulation (EU) 43/2014 apply respectively from 1 January 2014. The
provisions of this Regulation concerning catch limits should therefore also
apply from that date. Such retroactive application will be without prejudice to
the principles of legal certainty and protection of legitimate expectations as
the fishing opportunities concerned were set to zero in the Regulation (EU)
43/2014. Since the modification of this catch limit has an influence on the
economic activities and the planning of the fishing season of Union vessels,
this Regulation should enter into force immediately after its publication.

HAS ADOPTED THIS REGULATION:

Article 1
Amendment to Regulation (EU) No 43/2014

Annex IA to Regulation (EU) No 43/2014 is amended in accordance with the
Annex to this Regulation.

Article 2
Entry into force and application

This Regulation shall enter into force on
the day following that of its publication in the Official Journal of the
European Union.

It shall apply from 1 January 2014.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For
the Council

The
President

[1]               OJ C , , p. .

[2]               Agreement on fisheries between the European Economic
Community and the Kingdom of Norway (OJ L 226, 29.8.1980, p. 48).