# EUR-Lex - 52013PC0702 - EN

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# 52013PC0702

**Proposal for a COUNCIL REGULATION amending Regulations (EC) No 754/2009, (EU) No 1262/2012, (EU) No 39/2013 and (EU) No 40/2013 as regards certain fishing opportunities /* COM/2013/0702 final - 2013/0337 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Council Regulations (EU) No 39/2013 and
(EU) No 40/2013 fix, for 2013, fishing opportunities for certain fish stocks
and groups of fish stocks applicable in EU waters and, for EU vessels, in
certain non-EU waters. Fishing opportunities contained in those Regulations are
usually amended several times during the period in which they are in effect.

Regulation (EU) No 1262/2012 fixes, for
2013 and 2014, the fishing opportunities for EU vessels for certain deep-sea
fish stocks.

As for Regulation (EC) No 754/2009, it
excludes certain groups of vessels from the fishing effort regime for cod laid
down in Chapter III of Regulation (EC) No 1342/2008. When an excluded group of
vessels needs to be re-included in Regulation (EC) No 754/2009, the relevant provision
thereof needs to be amended, as well as the effort limits shown in Annex IIA of
the two fishing opportunities regulations mentioned above.

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

Not applicable.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

The proposed amendments seek to modify the four
Regulations mentioned above as follows:

– 
Re-inclusions of groups of vessels in the effort
management regime for cod. The cod management plan (Council Regulation (EC) No
1342/2008) establishes an effort regime for this stock which is based on
regular data to be provided by Member States to the Commission and the
Scientific, Technical and Economic Committee for Fisheries (STECF). On the
basis of the STECF advice regarding Member States data, the Commission may then
propose to exclude certain groups of vessels from the fishing effort regime
established in the cod plan. The essential condition for such exclusion is that
the vessels concerned should catch no more than 1.5% of cod. Member States must
report annually on the excluded vessels in order for the Commission to
ascertain (based on STECF advice) that the 1.5% cod catches limit is
maintained. Otherwise, the cod plan foresees that the Council shall re-include
the vessels concerned in the effort regime. In this respect, and by following
the procedures established in the cod plan and its implementing rules, the
proposed amendments provide for the re-inclusion of one group of French vessels
and one group of Spanish vessels heretofore excluded from the cod plan effort
regime through amending Regulations (EC) No 754/2009, (EU) No 39/2013 and
40/2013.

– 
Two errors are corrected in this proposal. The
first one concerns the TAC entry for Tusk in Norwegian waters of IV in
Regulation (EU) No 40/2013, which should have been amended earlier in 2013, in
accordance with the results of the consultations held between the EU and Norway. The second one refers to the Norwegian share of its blue whiting quota that can be
fished in EU waters. A calculation mistake must be corrected in the figure
introduced as part of the first amendment to the 2013 fishing opportunities set
out in Regulation (EU) No 40/2013.

– 
In 2010, the Western and Central Fisheries Commission
(WCPFC) banned the targeted fisheries of south Pacific albacore in the WCPFC
Convention Area south of 20oS. Although no EU vessels have targeted this stock neither
prior to nor since 2010, it is appropriate to complete the regulatory framework
applicable to EU vessels registered at the WCPFC set out in Regulation (EU) No
40/2013.

– 
At its Annual Meeting in 2013, the Indian Ocean
Tuna Commission (IOTC) adopted a Resolution aiming at the protection of oceanic
whitetip sharks and applicable to fishing vessels on
the IOTC Record of Authorised Vessels, or authorised to fish for tuna or
tuna-like species managed by the IOTC on the high seas
fisheries. The measure also provides for a more lenient regime as regards
fishing opportunities for artisanal fisheries, i.e. vessels engaged in fishing
activities solely in their Exclusive Economic Zones (EEZs). This IOTC measure
must be added to the existing measures regarding thresher sharks of the all the
species of the family Alopiidae set out in
Regulation (EU) No 40/2013. In
addition to this, an error must be corrected in point 2 of Annex VI for EU
vessels authorised to fish for swordfish and albacore in the
IOTC Convention Area.

– 
The Commission requested the International
Council for the Exploration of the Sea (ICES) to advise whether it is appropriate
to revise the list of deep-sea sharks laid down in Council Regulation (EU) No
1262/2012 fixing for 2013 and 2014 the fishing opportunities for EU vessels for
certain deep-sea fish stocks. In July 2013 ICES advised that there is
sufficient scientific information to exclude blackmouth catshark (Galeus
melastomus) from that list and include all species belonging to the genus Centrophorus
spp.

2013/0337 (NLE)

Proposal for a

COUNCIL REGULATION

amending Regulations (EC) No 754/2009,
(EU) No 1262/2012, (EU) No 39/2013 and (EU) No 40/2013 as regards certain
fishing opportunities

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,

Whereas:

(1)       Council Regulation (EC) No
2371/2002[1]
requires that Union measures governing access to waters and resources and the
sustainable pursuit of fishing activities be established taking into account
available scientific, technical and economic advice and in particular reports
drawn up by the Scientific, Technical and Economic Committee for Fisheries
(STECF), as well as advice received from Regional Advisory Councils.

(2)       By Council Regulation (EC)
No 754/2009[2],
the Council excluded certain groups of vessels from the fishing effort regime
laid down in Chapter III of Council Regulation (EC) No 1342/2008[3]. The allowable fishing effort
for vessels subject to that regime is currently fixed by Annex IIA to Council Regulation
(EU) No 39/2013[4]
and Annex IIA to Council Regulation (EU) No 40/2013[5]

(3)       A group of vessels flying
the flag of Spain and fishing in the West of Scotland is currently excluded
from the application of the fishing effort regime laid down in Regulation (EC)
No 1342/2008. On the basis of information provided by Spain in 2013, the STECF was not in a position to assess whether the conditions set out in
Regulation (EC) No 1342/2008 remained fulfilled in the 2012 management period.
It is therefore appropriate to re-include this group of Spanish vessels in that
fishing effort regime. Regulations (EC) No 754/2009 and Annex IIA to Regulation
(EU) No 39/2013 should therefore be amended accordingly.

(4)       A group of vessels flying
the flag of France and fishing in the North Sea is currently excluded from the
application of the fishing effort regime laid down in Regulation (EC) No
1342/2008. On the basis of information provided by France in 2013, the STECF assessed
that catches for those vessels exceeded the established threshold. It is
therefore appropriate to re-include that group of French vessels in that
fishing effort regime. Regulation (EC) No 754/2009 and Annex IIA to Regulation
(EU) No 40/2013 should therefore be amended accordingly.

(5)       Council Regulation (EU) No
1262/2012[6]
fixes catch limits for 2013 and 2014 as regards a list of deep-sea sharks. The
Commission requested the International Council for the Exploration of the Sea
(ICES) to advise whether it is appropriate to revise that list. ICES concluded
that there is sufficient scientific information supporting the exclusion of
blackmouth catshark (Galeus melastomus) and the inclusion of all species
of the genus Centrophorus (Centrophorus spp.) on the list
of deep-sea sharks. Regulation (EU) No 1262/2012 should be amended accordingly.

(6)       At
its Annual Meeting in 2013, the Indian Ocean Tuna Commission (IOTC) adopted a
Resolution aiming at the protection of oceanic whitetip sharks and applicable
to fishing vessels on the IOTC Record of Authorised
Vessels by prohibiting, as an interim pilot measure, to retain on board, tranship, land or store any part or whole carcass
of oceanic whitetip shark. The resolution provides for an
exception for artisanal fisheries, namely fishing vessels engaged in fishing
operations within the Exclusive Economic Zone (EEZ) of the Member State whose flag they fly. Article 23 of Regulation (EU) No
40/2013 should be amended accordingly.

(7)       At
its Annual Meeting in 2010, the Western and Central Pacific Fisheries
Commission (WCPFC) adopted a recommendation limiting the number of vessels
actively fishing for south Pacific albacore in the Convention Area south of
20oS. Consequently, it should be ensured that EU vessels continue to operate
without targeting that species in the WCPFC Convention
Area south of 20°S. A new
paragraph should be added to Article 29 of Regulation (EU) accordingly.

(8)       Fishing opportunities for
EU vessels in Norwegian waters and for Norwegian vessels in EU waters are
established each year in the light of consultations on fishing rights held in
accordance with the bilateral agreement on fisheries with Norway[7]. Pending the conclusion of
those consultations on the arrangements for 2013, Regulation (EU) No 40/2013
fixed provisional fishing opportunities for the stocks concerned. On 18 January
2013, the consultations with Norway were concluded, and Council Regulation (EU)
No 297/2013[8]
amended the relevant provisions of Regulation (EU) No 40/2013. However, the
stock of tusk in Norwegian waters of IV was erroneously excluded from Regulation
(EU) No 297/2013. Furthermore, the amount of blue whiting that Norway can fish in EU waters of II, IVa, V, VI north of 56° 30' N and VII west of 12° W did
not reflect the agreed record after consultations with that country. Annex IA to Regulation (EU) No 40/2013 should be
amended accordingly.

(9)       An
error was identified in the number of vessels and the capacity allocated to the
EU and authorised to fish for swordfish and albacore in the IOTC Convention
Area. Annex VI of Regulation (EU) No 40/2013 should be amended accordingly.

(10)     The provisions of this
Regulation concerning fishing effort limits should apply from 1 February 2013. The
provisions concerning catch limits and allocations should apply from 1 January
2013, except for the new provisions regarding WCPFC and IOTC, which should
apply from the date of entry into force of this Regulation. Such retroactive
application will be without prejudice to the principle of legal certainty as
the fishing opportunities concerned have not yet been exhausted. Since
modifications of effort regimes have a direct influence on the economic
activities of the fleets concerned, this Regulation should enter into force
immediately upon its publication,

HAS ADOPTED THIS REGULATION:

Article 1
Amendments to Regulation (EC) No 754/2009

In Article 1 of Regulation (EC) No
754/2009, points (b) and (j) are deleted.

Article 2
Amendments to Regulation (EU) No 1262/2012

The Annex to Council Regulation (EU) No
1262/2012 is amended in accordance with the text set out in Annex I to this
Regulation.

Article 3
Amendments to Regulation (EU) No 39/2013

Annex IIA to Regulation (EU) No 39/2013 is
amended in accordance with the text set out in Annex II to this Regulation.

Article 4
Amendments to Regulation (EU) No 40/2013

Regulation (EU) No 40/2013 is amended as
follows:

(1) 
Article 23 is replaced by the following:

“Article 23
Sharks

1.      Retaining on board, transshipping or
landing any part or whole carcass of thresher sharks of all the species of the
family Alopiidae in any fishery shall be prohibited.

2.      Retaining on board, transshipping or
landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) in any fishery
shall be prohibited, except for vessels under 24 metres overall length engaged
solely in fishing operations within the Exclusive Economic Zone of the Member
State whose flag they fly, and provided that their catch is destined solely for
local consumption.

3.      When accidentally caught, species
referred to in paragraph 1 and 2 shall not be harmed. Specimens shall be
promptly released.”

(2) 
Article 29 is replaced by the following:

“Article 29
Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific
albacore fisheries

1.      Member States shall ensure that the
number of fishing days allocated to purse-seine vessels fishing for bigeye tuna
(Thunnus obesus), yellowfin tuna (Thunnus albacares) and skipjack
tuna (Katsuwonus pelamis) in the part of the WCPFC Convention Area in
the high seas and located between 20o N and 20o S does not increase.

2.      EU vessels shall not target south
Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area south
of 20°S.”

(3) 
Annex IA is amended in accordance with the text set out in Annex III to this
Regulation.

(4) 
Annex IIA is amended in accordance with the text
set out in Annex IV to this Regulation.

(5) 
Annex VI is amended in accordance with the text
set out in Annex V to this Regulation.

Article 5
Entry into force

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

However, Article 4(3) and (5) shall apply
from 1 January 2013 and Article 1, Article 3 and Article 4(4) shall apply from
1 February 2013.

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

Done at Brussels,

For
the Council

The
President

ANNEX I

In Part 1 of the Annex to Regulation (EU)
No 1262/2012, point 2 is replaced by the following:

“2. For the purposes of this Regulation,
'deep-sea sharks' means the following list of species:

Common name || Alpha-3 code || Scientific name

Deep-water catsharks || API || Apristurus spp.

Frilled shark || HXC || Chlamydoselachus anguineus

Gulper sharks || CWO || Centrophorus spp.

Portuguese dogfish || CYO || Centroscymnus coelolepis

Longnose velvet dogfish || CYP || Centroscymnus crepidater

Black dogfish || CFB || Centroscyllium fabricii

Birdbeak dogfish || DCA || Deania calcea

Kitefin shark || SCK || Dalatias licha

Greater lanternshark || ETR || Etmopterus princeps

Velvet belly || ETX || Etmopterus spinax

Mouse catshark || GAM || Galeus murinus

Bluntnose six-gilled shark || SBL || Hexanchus griseus

Sailfin roughshark (Sharpback shark) || OXN || Oxynotus paradoxus

Knifetooth dogfish || SYR || Scymnodon ringens

Greenland shark || GSK || Somniosus microcephalus”

ANNEX II

In Annex IIA to Regulation (EU) No 39/2013,
the column for Spain (ES) in Table (d) of Appendix 1 is replaced by the
following:

“Regulated gear || ES

TR1 || 249 152

TR2 || 0

TR3 || 0

BT1 || 0

BT2 || 0

GN || 13 836

GT || 0

LL || 1 402 142”

ANNEX III

Annex IA to Regulation (EU) No 40/2013 is amended as follows:

(a)          the entry for tusk in Norwegian
waters of IV is replaced by the following:

“Species: || Tusk Brosme brosme || Zone: || Norwegian waters of IV (USK/04-N.)

Belgium || 0 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply. Article 4 of Regulation (EC) No 847/96 shall not apply.

Denmark || 165 ||

Germany || 1 ||

France || 0 ||

The Netherlands || 0 ||

United Kingdom || 4 ||

Union || 170 ||

|| ||

TAC || Not relevant” ||

(b)          the entry for blue whiting in EU
waters of II, IVa, V, VI north of 56o 30'N and VII west of 12o W is replaced by
the following:

"Species: || Blue whiting Micromesistius poutassou || Zone: || EU waters of II, IVa, V, VI north of 56° 30' N and VII west of 12° W (WHB/24A567)

Norway || 99 408 || (1) (2) || Analytical TAC ||

|| || || ||

TAC || 643 000 || || ||

(1)         To be counted against Norway's catch limits established under the Coastal States arrangement. (2)         Special condition: the catch in IV shall be no more than 24 852 tonnes, i.e. 25 % of Norway's access quota." ||

ANNEX IV

In Annex IIA to Regulation (EU) No 40/2013,
the column for France (FR) in Appendix 1 is replaced by the following:

“Regulated gear || FR

TR1 || 1 505 354

TR2 || 6 496 811

TR3 || 101 316

BT1 || 0

BT2 || 1 202 818

GN || 342 579

GT || 4 338 315

LL || 125 141”

ANNEX V

In Annex VI to Regulation (EU) No 40/2013,
point 2 is replaced by the following:

“2.     Maximum number of EU vessels
authorised to fish for swordfish and albacore in the IOTC Convention Area

Member State || Maximum number of vessels || Capacity (gross tonnage)

Spain || 27 || 11 590

France || 41 || 5 382

Portugal || 15 || 6 925

United Kingdom || 4 || 1 400

Union || 87 || 25 297”

[1]               Council Regulation (EC) No
2371/2002 of 20 December 2002 on the conservation and sustainable exploitation
of fisheries resources under the Common Fisheries Policy (OJ L 358, 31.12.2002, p. 59).

[2]               Council
Regulation (EC) No 754/2009 of 27 July 2009 excluding certain groups of vessels
from the fishing effort regime laid down in Chapter III of Regulation (EC) No
1342/2008 (OJ L 214, 19.8.2009, p. 16).

[3]               Council Regulation (EC) No 1342/2008 of 18 December
2008 establishing a long-term plan for cod stocks and the fisheries exploiting
those stocks and repealing Regulation (EC) No 423/2004 (OJ L 348, 24.12.2008,
p. 20).

[4]               Council Regulation (EU) No 39/2013 of 21 January 2013 fixing for 2013
the fishing opportunities available to EU vessels for certain fish stocks and
groups of fish stocks which are not subject to international negotiations or agreements (OJ L 23,
25.1.2013, p. 1).

[5]               Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the
fishing opportunities available in EU waters and, to EU vessels, in certain
non- EU waters for certain fish stocks and groups of fish stocks which are
subject to international negotiations or agreements (OJ
L 23, 25.1.2013, p. 54).

[6]

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

[8]               Council Regulation (EU) No 297/2013 of 27 March 2013
amending Regulations (EU) No 44/2012, (EU) No 39/2013 and (EU) No 40/2013 as
regards certain fishing opportunities (OJ L 90, 28.3.2013, p. 10).