# EUR-Lex - 52014PC0378 - EN

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# 52014PC0378

**Proposal for a COUNCIL REGULATION amending Council Regulation (EU) No 43/2014 as regards certain catch limits /* COM/2014/0378 final - 2014/0193 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Council Regulation (EU) No 43/2014[1] fixes for 2014 the
fishing opportunities for certain fish stocks and groups of fish stocks,
applicable in Union waters and, to Union vessels, in certain non-Union waters.
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 proposed amendments seek to modify the
Regulation mentioned above as outlined below.

On the basis of the allocation established
by Greenland, and in accordance with the Fisheries Partnership Agreement (FPA)
between the European Community on the one hand, and the Government of Denmark
and the Home Rule Government of Greenland, on the other hand, and the Protocol
thereto, the Union is to receive 7.7 % of the TAC for capelin in Greenland
waters of ICES subareas V and XIV. By the time the proposal below was sent for
adoption, neither the offer from Greenland nor the opinion of Member States on
that offer were available. Therefore, this TAC is shown in "pm" (pro
memoria) in this proposal, and is to be completed after its adoption..

As regards redfish in international waters
of I and II, Regulation (EU) No 43/2014 included an incorrect figure (19,300
tonnes) that did not reflect the TAC level established by the North-East
Atlantic Fisheries Commission (NEAFC): 19,500 tonnes. This TAC is not to be
fished prior to 1 July 2014, as stated in the footnote attached to
the Union quota, which is not being modified. Another error was identified in
the TAC for Greenland halibut in Greenland waters of V and XIV: the Union quota
distributed between Norway, the Faroe Islands, and some Member States was 200
tonnes higher than the actual offer made by Greenland: 4,665 tonnes, instead of
4,465 tonnes. Finally, certain errors are corrected in the TAC for mackerel in
IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32: firstly,
the Union quota can be fished in Faroese waters; secondly, the Faroe Islands should
be able to fish part of their mackerel quota (46,850 tonnes) in certain EU
areas and this should be reflected in the relevant table; in relation to this,
the description of the Union waters area where Faroese vessels can be
authorised to fish for mackerel must also be corrected (Annex VIII of
Regulation (EU) No 43/2014).

Finally, this proposal contains amendments
linked to the implementation of measures linked to Regional Fisheries
Management Organisations (RFMOs). At its 8th Regular Session in 2012,
the Western and Central Pacific Fisheries Commission (WCPFC) adopted a conservation
and management measure prohibiting certain fishing activities as regards
oceanic whitetip sharks (Carcharhinus longimanus). At its 9th
Regular Session, WCPFC adopted a similar prohibition for silky sharks (Carcharhinus
falciformis). Both prohibitions should be implemented in Union law.

2014/0193 (NLE)

Proposal for a

COUNCIL REGULATION

amending Council Regulation (EU) No
43/2014 as regards certain catch limits

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)       The Fisheries Partnership
Agreement between the European Community on the one hand, and the Government of
Denmark and the Home Rule Government of Greenland, on the other hand[2],
and the Protocol thereto[3], provide that the Union
is to receive 7.7 % of the total availabe catches (TAC) for capelin in
Greenland waters of ICES zones V and XIV.

(2)       Council Regulation (EU) No
43/2014[4]
fixed a Union quota of 0 tonnes for 2014 for the stock of capelin in those Greenland waters, to be applied until 30 April 2014.

(3)       On [date to be added]
the Union received information from the Greenland authorities that the TAC for
capelin in Greenland waters of ICES subareas V and XIV had been established at [pm]
tonnes for the period from [date to be added] until [date to be added].
The relevant Union quota for that period should therefore be fixed at [pm]
tonnes.

(4)       It is necessary to correct
the TAC established for the stock of redfish in international waters of I and
II and the TAC established for Greenland halibut in Greenland waters of V and
XIV. It is also necessary to correct the TAC for mackerel in the North Sea and
adjacent waters, in order to include the mutual access arrangements between the
Union and the Faroe Islands; furthermore, the area where Faroese vessels may
obtain fishing authorisations for mackerel fishing should be modified
accordingly.

(5)       At its 8th Regular
Session, the Western and Central Pacific Fisheries Commission (WCPFC) adopted a
prohibition to retain on board, tranship, store or land oceanic whitetip sharks
(Carcharhinus longimanus). At its 9th Regular Session, WCPFC
adopted a similar prohibition for silky sharks (Carcharhinus falciformis).
Both prohibitions should be implemented in the law of the Union. In accordance
with Article 2 of Council Regulation (EC) No 847/96[5], the stocks that are
subject to the various measures referred to therein should be identified.

(6)       The catch limits provided
for in Regulation (EU) No 43/2014 apply from 1 January 2014. The provisions of
this Regulation concerning catch limits should therefore in principle also
apply from this date. Such retroactive application is without prejudice to the
principles of legal certainty and protection of legitimate expectations as the
fishing opportunities concerned have not yet been exhausted. However, the
prohibition to fish silky sharks in the WCPFC Convention Area becomes effective
on 1 July 2014 and should apply from that date. Similarly, the corrected TAC
for Greenland halibut in Greenland waters of V and XIV should apply from the
date of entry into force of this Regulation, as it entails a reduction of
fishing opportunities for Union vessels. Moreover, in view of the fishing
season for capelin, the catch limits for the stock in question provided for by
this Regulation should apply from [date to be added].

(7)       Since the modification of
some catch limits 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.

(8)       Regulation (EU) No 43/2014
should be amended accordingly,

HAS ADOPTED THIS REGULATION:

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

(1) 
In Regulation (EU) No 43/2014, the
following Article 37a is inserted:

“Article 37a
Oceanic whitetip sharks

1.       Retaining
on board, transhipping, storing or landing any part or whole carcass of oceanic
whitetip sharks (Carcharhinus longimanus) shall be prohibited.

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

(2) 
the following Article 37b is inserted:

“Article 37b
Silky sharks

1.       Retaining
on board, transhipping, storing or landing any part or whole carcass of silky
sharks (Carcharhinus falciformis) shall be prohibited.

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

(3) 
Annex IA to Regulation (EU) No 43/2014 is amended in accordance with the
text set out in Annex I to this Regulation.

(4) 
Annex IB to Regulation (EU) No 43/2014 is
amended in accordance with the text set out in Annex II to this Regulation.

(5) 
Annex VIII to Regulation (EU) No 43/2014 is
amended in accordance with the text set out in Annex III to this Regulation.

Article 2
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.

Point (2) of Article 1 shall apply from 1
July 2014.

Points (3) and (5) of Article 1 and point
(c) of Annex II shall apply from 1 January 2014.

Point (a) of Annex II shall apply from [date
to be added].

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

Done at Brussels,

For
the Council

The
President

[1]               Council Regulation (EU) No 43/2014 of 20 January 2014
fixing for 2014 the fishing opportunities for certain fish stocks and groups of
fish stocks, applicable in Union waters and, to Union vessels, in certain
non-Union waters (OJ L 24, 28/01/2014, p. 1–145).

[2]               OJ L 172, 30.6.2007, p. 4.

[3]               OJ L 293, 23.10.2012, p. 5.

[4]               OJ L 24, 28/01/2014, p. 1–145.

[5]               Council Regulation (EC) No 847/96 of 6 May 1996
introducing additional conditions for year-to-year management of TACs and
quotas (OJ L 115, 9.5.1996, p. 3).

ANNEXES

to the

proposal for a Council Regulation

amending Council Regulation (EU)
No 43/2014 as regards certain catch limits

ANNEX I

In Annex IA, the entry for mackerel in IIIa
and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32 is replaced by
the following:

Species: || Mackerel || || || Zone: || IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32

|| Scomber scombrus || || || (MAC/2A34.) ||

Belgium || ||  768 || (2) (5) || Analytical TAC || ||

Denmark || || 26 530 || (2) (5) || || || ||

Germany || ||  800 || (2) (5) || || || ||

France || || 2 417 || (2) (5) || || || ||

The Netherlands || 2 434 || (2) (5) || || || ||

Sweden || || 7 101 || (1) (2) (5) || || || ||

United Kingdom || 2 254 || (2) (5) || || || ||

Union || || 42 304 || (1) (2) (5) || || || ||

Norway || || 256 936 || (3) || || || ||

Faroe Islands || 46 850 || (4) || || || ||

|| || || || || || ||

TAC || || Not relevant || || || || ||

(1) Special condition: including the following tonnage to be taken in Norwegian waters south of 62° N (MAC/*04N-): ||

|| ||  247 || || || || ||

|| When fishing under this special condition, by-catches of cod, haddock, pollack and whiting and saithe are to be counted against the quotas for these species.

(2) May also be taken in Norwegian waters of IVa (MAC/*4AN.). || || ||

(3) To be deducted from Norway's share of the TAC (access quota). This amount includes the following Norwegian share in the North Sea TAC :

|| || 74 500 || || || || ||

|| This quota may be fished in IVa only (MAC/*04A.), except for the following amount, in tonnes, which may be fished in IIIa (MAC/*03A.):

|| || 3 000 || || || || ||

(4) To be deducted from the Faroe Islands' share of the TAC (access quota). This quota may be fished in VIa north of 56o 30' N (MAC/*6AN56). It may also be fished in IIa, IVa north of 59o N (EU zone) from 1 October to 31 December (MAC/*24N59).

(5) May also be taken in Faroese waters, within the limits of each Member State quota, and up to the following total amount for the Union (MAC/*FRO):

|| || 46 850 || || || || ||

|| || || || || || ||

Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken

in the following zones: || || || || || ||

|| IIIa || IIIa and IVbc || IVb || IVc || VI, international waters of IIa, from 1 January to 31 March 2014 and in December 2014 || ||

|| (MAC/*03A.) || (MAC/*3A4BC) || (MAC/*04B.) || (MAC/*04C.) || (MAC/*2A6.) || ||

Denmark || 0 || 4 130 || 0 || 0 || 14389 || ||

France || 0 ||  490 || 0 || 0 || 0 || ||

The Netherlands || 0 ||  490 || 0 || 0 || 0 || ||

Sweden || 0 ||  0 || 390 || 10 || 2742 || ||

United Kingdom || 0 ||  490 || 0 || 0 || 0 || ||

Norway || 3000 ||  0 || 0 || 0 || 0 || ||

|| || || || || || ||

|| || || || || || ||

ANNEX II

Annex IB to Regulation (EU) No 43/2014 is
amended as follows:

(a) the entry for capelin in Greenland waters of V and XIV is replaced by the following:

“Species: || Capelin || || Zone: || Greenland waters of V and XIV

|| Mallotus villosus || || (CAP/514GRN)

Denmark || pm || || Analytical TAC

Germany || pm || || Article 3 of Regulation (EC) No 847/96 shall not apply

Sweden || pm || || Article 4 of Regulation (EC) No 847/96 shall not apply

United Kingdom || pm || || ||

All Member States || pm || (1) || ||

Union || pm || (2) || ||

|| || || ||

TAC || Not relevant || || ||

(1) Denmark, Germany, Sweden and the United Kingdom may access the "All Member States" quota only once they have exhausted their own quota. However, Member States with more than 10% of the Union quota shall not access the "All Member States" quota at all.”

|| ||

(b) the entry for Greenland halibut in Greenland waters of V and XIV is replaced by the following:

|| || || ||

Species: || Greenland halibut || Zone: || Greenland waters of V and XIV

|| Reinhardtius hippoglossoides || || (GHL/514GRN)

Germany ||  3 591 || || Analytical TAC

United Kingdom ||   189 || || Article 3 of Regulation (EC) No 847/96 shall not apply

Union ||  3 780 || (1) || Article 4 of Regulation (EC) No 847/96 shall not apply

Norway ||   575 || || ||

Faroe Islands ||   110 || || ||

|| || || ||

TAC || Not relevant || || ||

(1) To be fished by no more than 6 vessels at the same time. ||

|| || || ||

(c) the entry for redfish in international waters of I and II is replaced by the following:

|| || || ||

“Species: || Redfish || || Zone: || International waters of I and II

|| Sebastes spp. || || (RED/1/2INT)

Union || Not relevant || (1) (2) || Analytical TAC

|| || || Article 3 of Regulation (EC) No 847/96 shall not apply

TAC ||  19 500 || || Article 4 of Regulation (EC) No 847/96 shall not apply

(1) The fishery may only take place within the period from 1 July to 31 December 2014. The fishery will be closed when the TAC is fully utilised by NEAFC Contracting Parties. The Commission shall inform Member States of the date on which the Secretariat of NEAFC has notified NEAFC Contracting Parties that the TAC has been fully utilised. From that date Member States shall prohibit directed fishery for redfish by vessels flying their flag.

(2) Vessels shall limit their by-catches of redfish in other fisheries to a maximum of 1 % of the total catch retained on board.”

|| || || ||

ANNEX III

"ANNEX VIII

QUANTITATIVE LIMITATIONS OF FISHING
AUTHORISATIONS
FOR THIRD‑COUNTRY VESSELS FISHING IN UNION WATERS

Flag State || Fishery || Number of fishing authorisations || Maximum number of vessels present at any time

Norway || Herring, north of 62° 00' N || 20 || 20

Faroe Islands || Mackerel, VIa (north of 56° 30' N), IIa, IVa (north of 59o N) Horse mackerel, IV, VIa (north of 56° 30' N), VIIe, VIIf, VIIh || 14 || 14

Herring, north of 62° 00' N || 21 || 21

Herring, IIIa || 4 || 4

Industrial fishing for Norway pout, IV, VIa (north of 56° 30' N) (including unavoidable by-catches of blue whiting) || 15 || 15

Ling and tusk || 20 || 10

Blue whiting, II, VIa (north of 56° 30' N), VIb, VII (west of 12° 00' W) || 20 || 20

Blue ling || 16 || 16

Venezuela[1] || Snappers (French Guiana waters) || 45 || 45"

[1]               To issue those fishing authorisations, proof must be
produced that a valid contract exists between the ship owner applying for the
fishing authorisation and a processing undertaking situated in the Department
of French Guiana, and that it includes an obligation to land at least 75 % of
all snapper catches from the vessel concerned in that department so that they
may be processed in that undertaking's plant. Such a contract must be endorsed
by the French authorities, which shall ensure that it is consistent both with
the actual capacity of the contracting processing undertaking and with the
objectives for the development of the Guianese economy. A copy of the duly
endorsed contract shall be appended to the fishing authorisation application. Where
such an endorsement is refused, the French authorities shall give notification
of this refusal and state their reasons for it to the party concerned and to
the Commission.