# L_2013313EN.01001501.xml

| 22.11.2013 | EN | Official Journal of the European Union | L 313/15 |
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22.11.2013

EN

Official Journal of the European Union

L 313/15

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COUNCIL REGULATION (EU) No 1182/2013

of 19 November 2013

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. |
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(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). |
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(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) | In June 2013, the International Council for the Exploration of the Sea (ICES) published its advice for Northern hake in 2014. In that advice, ICES indicates that the stock’s biomass is at a record high in 2013 and, furthermore, that fishing mortality has decreased sharply in recent years. ICES advised that in 2014, the TAC may be raised by 49 % to 81 846 tonnes. Ireland and Spain requested, in light of this advice, that the TAC in force for this stock be raised in-year from 55 105 tonnes to 69 440 tonnes, to meet the level of landings that ICES estimates as corresponding with the current levels of fishing mortality, which are in turn consistent with maximum sustainable yield. The request is deemed acceptable based on the commitment by the Member States concerned to ensure, through rigorous control of the fishery, that fishing effort and therefore fishing mortality rates remain constant. |
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(3)

In June 2013, the International Council for the Exploration of the Sea (ICES) published its advice for Northern hake in 2014. In that advice, ICES indicates that the stock’s biomass is at a record high in 2013 and, furthermore, that fishing mortality has decreased sharply in recent years. ICES advised that in 2014, the TAC may be raised by 49 % to 81 846 tonnes. Ireland and Spain requested, in light of this advice, that the TAC in force for this stock be raised in-year from 55 105 tonnes to 69 440 tonnes, to meet the level of landings that ICES estimates as corresponding with the current levels of fishing mortality, which are in turn consistent with maximum sustainable yield. The request is deemed acceptable based on the commitment by the Member States concerned to ensure, through rigorous control of the fishery, that fishing effort and therefore fishing mortality rates remain constant.

| (4) | 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 reinclude this group of Spanish vessels in that fishing effort regime. Regulation (EC) No 754/2009 and Annex IIA to Regulation (EU) No 39/2013 should therefore be amended accordingly. |
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(4)

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 reinclude this group of Spanish vessels in that fishing effort regime. Regulation (EC) No 754/2009 and Annex IIA to Regulation (EU) No 39/2013 should therefore be amended accordingly.

| (5) | 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 reinclude 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. |
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(5)

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 reinclude 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.

| (6) | A group of vessels flying the flag of the United Kingdom and targeting queen scallops (Aequipecten opercularis) around the Isle of Man in the Irish Sea is currently excluded from the application of the effort regime laid down Regulation (EC) No 1342/2008. However, due to a mathematical error, the effort ceilings in Annex IIA to Regulation (EU) No 39/2013 do not reflect this exclusion. Regulation (EU) No 39/2013 should therefore be corrected accordingly. |
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(6)

A group of vessels flying the flag of the United Kingdom and targeting queen scallops (Aequipecten opercularis) around the Isle of Man in the Irish Sea is currently excluded from the application of the effort regime laid down Regulation (EC) No 1342/2008. However, due to a mathematical error, the effort ceilings in Annex IIA to Regulation (EU) No 39/2013 do not reflect this exclusion. Regulation (EU) No 39/2013 should therefore be corrected accordingly.

| (7) | 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 ICES to give it advice on 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 therefore be amended accordingly. |
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(7)

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 ICES to give it advice on 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 therefore be amended accordingly.

| (8) | In accordance with the outcome of consultations between coastal states on the management of mackerel, blue whiting, Atlanto-Scandian herring and North Sea haddock, the Union may authorise fishing by Union vessels of up to 10 % beyond the quota available to the Union, provided that any quantities used beyond the quota available to the Union would be deducted from its quota for 2014. Similarly, the Union may use in 2014 any unused quantities up to 10 % of the quota available to it in 2013. It is appropriate to enable such flexibility in the fixing of those fishing opportunities in order to ensure a level-playing field for Union vessels by allowing the Member States concerned to opt for the use of a flexibility quota. Where a Member State has not opted for the use of the flexibility quota in respect of a particular stock, it is appropriate that Articles 3 and 4 of Regulation (EC) No 847/96 continue to apply in accordance with Article 10(2) of Regulation (EU) No 40/2013. |
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(8)

In accordance with the outcome of consultations between coastal states on the management of mackerel, blue whiting, Atlanto-Scandian herring and North Sea haddock, the Union may authorise fishing by Union vessels of up to 10 % beyond the quota available to the Union, provided that any quantities used beyond the quota available to the Union would be deducted from its quota for 2014. Similarly, the Union may use in 2014 any unused quantities up to 10 % of the quota available to it in 2013. It is appropriate to enable such flexibility in the fixing of those fishing opportunities in order to ensure a level-playing field for Union vessels by allowing the Member States concerned to opt for the use of a flexibility quota. Where a Member State has not opted for the use of the flexibility quota in respect of a particular stock, it is appropriate that Articles 3 and 4 of Regulation (EC) No 847/96 continue to apply in accordance with Article 10(2) of Regulation (EU) No 40/2013.

| (9) | 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. Regulation (EU) No 40/2013 should therefore be amended accordingly. |
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(9)

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. Regulation (EU) No 40/2013 should therefore be amended accordingly.

| (10) | 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 20° S. Consequently, it should be ensured that Union vessels continue to operate without targeting that species in the WCPFC Convention Area south of 20° S. Regulation (EU) No 40/2013 should therefore be amended accordingly. |
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(10)

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 20° S. Consequently, it should be ensured that Union vessels continue to operate without targeting that species in the WCPFC Convention Area south of 20° S. Regulation (EU) No 40/2013 should therefore be amended accordingly.

| (11) | Fishing opportunities for Union vessels in Norwegian waters and for Norwegian vessels in Union 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 Union 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 therefore be amended accordingly. |
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(11)

Fishing opportunities for Union vessels in Norwegian waters and for Norwegian vessels in Union 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 Union 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 therefore be amended accordingly.

| (12) | An error was identified in the number of vessels and the capacity allocated to the Union and authorised to fish for swordfish and albacore in the IOTC Convention Area. Annex VI to Regulation (EU) No 40/2013 should therefore be corrected accordingly. |
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(12)

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

| (13) | Pursuant to the 2012 Act of Accession and Croatia’s accession on 1 July 2013, provisions on the allocation of fishing opportunities allocated at Union level to Croatia in 2013 should be included in the relevant Union instruments. The figures concerning the Croatian bluefin tuna fishing and farming capacities added by this Regulation reflect the provisions of the International Commission for the Conservation of Atlantic Tunas (ICCAT) bluefin tuna recovery plan for Croatia until 2013. Furthermore, in accordance with Article 5 of Council Regulation (EC) No 302/2009 (9), each Member State is to ensure that its fishing capacity is commensurate with its quota. |
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(13)

Pursuant to the 2012 Act of Accession and Croatia’s accession on 1 July 2013, provisions on the allocation of fishing opportunities allocated at Union level to Croatia in 2013 should be included in the relevant Union instruments. The figures concerning the Croatian bluefin tuna fishing and farming capacities added by this Regulation reflect the provisions of the International Commission for the Conservation of Atlantic Tunas (ICCAT) bluefin tuna recovery plan for Croatia until 2013. Furthermore, in accordance with Article 5 of Council Regulation (EC) No 302/2009 (9), each Member State is to ensure that its fishing capacity is commensurate with its quota.

| (14) | 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. The provisions included as a result of the accession of Croatia to the European Union should apply from the date of that accession. 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, |
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(14)

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. The provisions included as a result of the accession of Croatia to the European Union should apply from the date of that accession. 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

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

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

Article 4

Amendments to Regulation (EU) No 40/2013

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

| (1) | the following Article is inserted:

  ‘Article 6a
  Flexibility in the fixing of fishing opportunities of certain stocks

  1.   This Article shall apply to the following stocks:






  (a) | haddock in zone IV, EU waters of IIa; |
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(1)

the following Article is inserted:

‘Article 6a

Flexibility in the fixing of fishing opportunities of certain stocks

1.   This Article shall apply to the following stocks:

(a)

haddock in zone IV, EU waters of IIa;

| (b) | blue whiting in EU and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV; |
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(b)

blue whiting in EU and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV;

| (c) | mackerel in zones IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId; |
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(c)

mackerel in zones IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId;

| (d) | mackerel in areas VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV; |
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(d)

mackerel in areas VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV;

| (e) | mackerel in zones VIIIc, IX and X; EU waters of CECAF 34.1.1; |
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(e)

mackerel in zones VIIIc, IX and X; EU waters of CECAF 34.1.1;

| (f) | mackerel in Norwegian waters of IIa and IVa; |
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(f)

mackerel in Norwegian waters of IIa and IVa;

| (g) | herring in EU, Norwegian and international waters of I and II. |
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(g)

herring in EU, Norwegian and international waters of I and II.

2.   For any of the stocks identified in paragraph 1, a Member State may opt to increase its initial set in Annex I quota by up to 10 %. The Member State concerned shall notify its decision to the Commission in writing. Upon such notification, the increased quota shall be considered as the quota allocated to that Member State for 2013.

3.   Any quantities used in 2013 under such increased quota, that exceed the initial quota, shall be deducted on a tonne-for-tonne basis for the purpose of calculating the quota of the Member State concerned for the relevant stock for 2014.

4.   Any quantities not used under the initial quota up to 10 % of that quota shall be added for the purpose of calculating the quota of the Member State concerned for the relevant stock for 2014.

5.   Any quantities transferred to other Member States pursuant to Article 20(5) of Regulation (EC) No 2371/2002 as well as any quantities deducted pursuant to Articles 37, 105 and 107 of Regulation (EC) No 1224/2009 shall be taken into account for the purpose of establishing quantities used and quantities not used under paragraphs 3 and 4 of this Article.

6.   Where a Member States has used the option in paragraph 2 of this Article in respect of a particular stock, Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply to such stock in respect of that Member State.’;

| (2) | in Article 10(2), the words ‘Annex I to’ are deleted; |
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(2)

in Article 10(2), the words ‘Annex I to’ are deleted;

| (3) | 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.’; |
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(3)

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.’;

| (4) | 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 20° N and 20° S does not increase.


  2.   EU vessels shall not target south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area south of 20° S.’. |
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(4)

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 20° N and 20° S does not increase.

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

| (5) | Annex IA is amended in accordance with the text set out in Annex IV to this Regulation. |
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(5)

Annex IA is amended in accordance with the text set out in Annex IV to this Regulation.

| (6) | Annex ID is amended in accordance with the text set out in Annex V to this Regulation. |
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(6)

Annex ID is amended in accordance with the text set out in Annex V to this Regulation.

| (7) | Annex IIA is amended in accordance with the text set out in Annex VI to this Regulation. |
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(7)

Annex IIA is amended in accordance with the text set out in Annex VI to this Regulation.

| (8) | Annex IV is amended in accordance with the text set out in Annex VII to this Regulation. |
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(8)

Annex IV is amended in accordance with the text set out in Annex VII to this Regulation.

| (9) | Annex VI is amended in accordance with the text set out in Annex VIII to this Regulation. |
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(9)

Annex VI is amended in accordance with the text set out in Annex VIII 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.

Official Journal of the European Union

However, Articles 3(1), 4(1), 4(2), 4(5) and 4(9) shall apply from 1 January 2013. Article 1 and Articles 3(2) and 4(7) shall apply from 1 February 2013 and Article 4(6) and (8) shall apply from 1 July 2013.

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

Done at Brussels, 19 November 2013.

For the Council

The President

L. LINKEVIČIUS

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(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).

1

(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).

2

(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).

3

(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).

4

(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).

5

(6)  Council Regulation (EU) No 1262/2012 of 20 December 2012 fixing for 2013 and 2014 the fishing opportunities for EU vessels for certain deep-sea fish stocks (OJ L 356, 22.12.2012, p. 22).

6

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

7

(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).

8

(9)  Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean, amending Regulation (EC) No 43/2009 and repealing Regulation (EC) No 1559/2007 (OJ L 96, 15.4.2009, p. 1).

9

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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’ |

‘2.

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’

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ANNEX II

In Part B of Annex I to Regulation (EU) No 39/2013, the four entries for the Northern component of the stock of hake are replaced by the following:

| ‘Species | : | Hake

  Merluccius merluccius |
| --- | --- | --- |

‘Species

:

Hake

Merluccius merluccius

| Zone | : | IIIa; EU waters of Subdivisions 22-32
  (HKE/3A/BCD) |
| --- | --- | --- |

Zone

:

IIIa; EU waters of Subdivisions 22-32

(HKE/3A/BCD)

Denmark

1 929  (2)

Analytical TAC

Sweden

164  (2)

Union

2 093

TAC

2 093  (1)

| Species | : | Hake

  Merluccius merluccius |
| --- | --- | --- |

Species

:

Hake

Merluccius merluccius

| Zone | : | EU waters of IIa and IV
  (HKE/2AC4-C) |
| --- | --- | --- |

Zone

:

EU waters of IIa and IV

(HKE/2AC4-C)

Belgium

35

Analytical TAC

Denmark

1 409

Germany

162

France

312

Netherlands

81

United Kingdom

439

Union

2 438

TAC

2 438  (3)

| Species | : | Hake

  Merluccius merluccius |
| --- | --- | --- |

Species

:

Hake

Merluccius merluccius

| Zone | : | VI and VII; EU and international waters of Vb;
  international waters of XII and XIV
  (HKE/571214) |
| --- | --- | --- |

Zone

:

VI and VII; EU and international waters of Vb;

international waters of XII and XIV

(HKE/571214)

Belgium

358  (4)
   (6)

Analytical TAC

Article 11 of this Regulation applies

Spain

11 478  (6)

France

17 726  (4)
   (6)

Ireland

2 148  (6)

Netherlands

231  (4)
   (6)

United Kingdom

6 998  (4)
   (6)

Union

38 939

TAC

38 939  (5)

Special condition:

within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:

| | VIIIa, VIIIb, VIIId and VIIIe (HKE/*8ABDE) |
| --- | --- |
| Belgium | 46 |
| Spain | 1 852 |
| France | 1 852 |
| Ireland | 231 |
| Netherlands | 23 |
| United Kingdom | 1 042 |
| Union | 5 046 |

VIIIa, VIIIb, VIIId and VIIIe (HKE/*8ABDE)

Belgium

46

Spain

1 852

France

1 852

Ireland

231

Netherlands

23

United Kingdom

1 042

Union

5 046

| Species | : | Hake

  Merluccius merluccius |
| --- | --- | --- |

Species

:

Hake

Merluccius merluccius

| Zone | : | VIIIa, VIIIb, VIIId and VIIIe
  (HKE/8ABDE.) |
| --- | --- | --- |

Zone

:

VIIIa, VIIIb, VIIId and VIIIe

(HKE/8ABDE.)

Belgium

12  (7)

Analytical TAC

Spain

7 991

France

17 944

Netherlands

23  (7)

Union

25 970

TAC

25 970  (8)

Special condition:

within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:

| | VI and VII; EU and international waters of Vb; international waters of XII and XIV (HKE/*57-14) |
| --- | --- |
| Belgium | 2 |
| Spain | 2 315 |
| France | 4 166 |
| Netherlands | 7 |
| Union | 6 490 ’ |

VI and VII; EU and international waters of Vb; international waters of XII and XIV (HKE/*57-14)

Belgium

2

Spain

2 315

France

4 166

Netherlands

7

Union

6 490 ’

---

(1)  Within the following overall TAC for the northern stock of hake:

1

69 440

(2)  Transfers of this quota may be effected to EU waters of IIa and IV. However, such transfers shall be notified in advance to the Commission.

2

(3)  Within the following overall TAC for the northern stock of hake:

3

69 440

(4)  Transfers of this quota may be effected to EU waters of IIa and IV. However, such transfers must be notified in advance to the Commission.

4

(5)  Within the following overall TAC for the northern stock of hake:

5

69 440

(6)  In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 1 % of the quota allocated to that Member State, pursuant to Chapter II of Title II of this Regulation.

6

(7)  Transfers of this quota may be effected to IV and EU waters of IIa. However, such transfers must be notified in advance to the Commission.

7

(8)  Within the following overall TAC for the northern stock of hake:

8

69 440

---

ANNEX III

Annex IIA to Regulation (EU) No 39/2013 is amended as follows:

| (a) | the column for the United Kingdom (UK) in Table (c) of Appendix 1 is replaced by the following:






  ‘Regulated gear | UK |
| --- | --- | --- |
| TR1 | 339 592 |
| TR2 | 1 086 399 |
| TR3 | 0 |
| BT1 | 0 |
| BT2 | 111 693 |
| GN | 5 970 |
| GT | 158 |
| LL | 70 614 ’ |

(a)

the column for the United Kingdom (UK) in Table (c) of Appendix 1 is replaced by the following:

‘Regulated gear

UK

TR1

339 592

TR2

1 086 399

TR3

0

BT1

0

BT2

111 693

GN

5 970

GT

158

LL

70 614 ’

| (b) | 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 ’ |

(b)

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 IV

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 |
| --- | --- | --- | --- |

(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.) |
| --- | --- | --- |

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

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 56° 30′ N and VII west of 12° W is replaced by the following:














  ‘Species | : | Blue whiting

  Micromesistius poutassou |
| --- | --- | --- | --- |

(b)

the entry for blue whiting in EU waters of II, IVa, V, VI north of 56° 30′ N and VII west of 12° 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) |
| --- | --- | --- |

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 V

In Annex ID to Regulation (EU) No 40/2013, the entry for Bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean is replaced by the following:

| ‘Species | : | Bluefin tuna

  Thunnus thynnus |
| --- | --- | --- |

‘Species

:

Bluefin tuna

Thunnus thynnus

| Zone | : | Atlantic Ocean, east of 45° W,and Mediterranean
  (BFT/AE45WM) |
| --- | --- | --- |

Zone

:

Atlantic Ocean, east of 45° W,and Mediterranean

(BFT/AE45WM)

Cyprus

69,44  (4)
   (7)

Analytical TAC

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

Article 4 of Regulation (EC) No 847/96 shall not apply.

Greece

129,07  (7)

Spain

2 504,45  (2)
   (4)
   (7)

France

2 471,23  (2)
   (3)
   (4)

Italy

1 950,42  (4)
   (5)
   (7)

Croatia

390,59  (6)
   (7)

Malta

160,02  (4)
   (7)

Portugal

235,50  (7)

Other Member States

27,93  (1)
   (7)

Union

7 938,65  (2)
   (3)
   (4)

TAC

13 400

---

(1)  Except Cyprus, Greece, Spain, France, Croatia, Italy, Malta and Portugal, and exclusively as by-catch.

1

(2)  Special condition: within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna between 8 kg/75 cm and 30 kg/115 cm by the vessels referred to in point 1 of Annex IV (BFT/*8301):

2

| Spain | 364,09 |
| --- | --- |
| France | 164,27 |
| Union | 528,36 |

Spain

364,09

France

164,27

Union

528,36

(3)  Special condition: within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna weighing no less than 6,4 kg or measuring no less than 70 cm by the vessels referred to in point 1 of Annex IV (BFT/*641):

3

| France | 100 |
| --- | --- |
| Union | 100 |

France

100

Union

100

(4)  Special condition: within this TAC, the following catch limits and allocations between Member States shall apply to catches of bluefin tuna between and 8 kg/75 cm and 30 kg/115 cm by the vessels referred to in point 2 of Annex IV (BFT/*8302):

4

| Spain | 50,09 |
| --- | --- |
| France | 49,42 |
| Italy | 39,01 |
| Cyprus | 3,20 |
| Malta | 4,71 |
| Union | 146,43 |

Spain

50,09

France

49,42

Italy

39,01

Cyprus

3,20

Malta

4,71

Union

146,43

(5)  Special condition: within this TAC, the following catch limits and allocations between Member States shall apply to catches of bluefin tuna between and 8 kg/75 cm and 30 kg/115 cm by the vessels referred to in point 3 of Annex IV (BFT/*643):

5

| Italy | 39,01 |
| --- | --- |
| Union | 39,01 |

Italy

39,01

Union

39,01

(6)  Special Condition: within this TAC, the following catch limits and allocations between Member States shall apply to catches of bluefin tuna between 8 kg/75 cm and 30 kg/115 cm by the vessels referred to in point 3 of Annex IV for farming purposes (BFT/*8303F):

6

| Croatia | 351,53 |
| --- | --- |
| Union | 351,53 |

Croatia

351,53

Union

351,53

(7)  By derogation from Article 7(2) of Regulation (EC) No 302/2009, purse seine fishing for bluefin tuna shall be authorised in the Eastern Atlantic and Mediterranean from 26 May to 24 June 2013 included.’

7

---

ANNEX VI

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 ’ |

‘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 VII

Annex IV to Regulation (EU) No 40/2013 is replaced by the following:

‘ANNEX IV

ICCAT CONVENTION AREA
   (1)

| 1. | Maximum number of EU bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic






  Spain | 60 |
| --- | --- | --- |
| France | 8 |
| Union | 68 |

1.

Spain

60

France

8

Union

68

| 2. | Maximum number of EU coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean






  Spain | 119 |
| --- | --- | --- |
| France | 87 |
| Italy | 30 |
| Cyprus | 7 |
| Malta | 28 |
| Union | 316 |

2.

Spain

119

France

87

Italy

30

Cyprus

7

Malta

28

Union

316

| 3. | Maximum number of EU vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Adriatic Sea for farming purposes:






  Croatia | 9 |
| --- | --- | --- |
| Italy | 12 |
| Union | 21 |

3.

Croatia

9

Italy

12

Union

21

| 4. | Maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean

  Table A













  Number of fishing vessels |
| --- | --- |
| | Cyprus | Croatia | Greece | Italy | France | Spain | Malta (2) |
| Purse Seiners | 1 | 9 | 1 | 12 | 17 | 6 | 1 |
| Longliners | 4 | 0 | 0 | 30 | 8 | 12 | 20 |
| Baitboat | 0 | 0 | 0 | 0 | 8 | 60 | 0 |
| Handline | 0 | 12 | 0 | 0 | 29 | 2 | 0 |
| Trawler | 0 | 0 | 0 | 0 | 57 | 0 | 0 |
| Other artisanal (3) | 0 | 0 | 16 | 0 | 87 | 32 | 0 |

4.

Table A

Number of fishing vessels

Cyprus

Croatia

Greece

Italy

France

Spain

Malta (2)

Purse Seiners

1

9

1

12

17

6

1

Longliners

4

0

0

30

8

12

20

Baitboat

0

0

0

0

8

60

0

Handline

0

12

0

0

29

2

0

Trawler

0

0

0

0

57

0

0

Other artisanal (3)

0

0

16

0

87

32

0

Table B

| Total capacity in gross tonnage |
| --- |
| | Cyprus | Croatia | Greece | Italy | France | Spain | Malta |
| Purse Seiners | To be established | To be established | To be established | To be established | To be established | To be established | To be established |
| Longliners | To be established | To be established | To be established | To be established | To be established | To be established | To be established |
| Baitboats | To be established | To be established | To be established | To be established | To be established | To be established | To be established |
| Handlines | To be established | To be established | To be established | To be established | To be established | To be established | To be established |
| Trawlers | To be established | To be established | To be established | To be established | To be established | To be established | To be established |
| Other artisanal | To be established | To be established | To be established | To be established | To be established | To be established | To be established |

Total capacity in gross tonnage

Cyprus

Croatia

Greece

Italy

France

Spain

Malta

Purse Seiners

To be established

To be established

To be established

To be established

To be established

To be established

To be established

Longliners

To be established

To be established

To be established

To be established

To be established

To be established

To be established

Baitboats

To be established

To be established

To be established

To be established

To be established

To be established

To be established

Handlines

To be established

To be established

To be established

To be established

To be established

To be established

To be established

Trawlers

To be established

To be established

To be established

To be established

To be established

To be established

To be established

Other artisanal

To be established

To be established

To be established

To be established

To be established

To be established

To be established

| 5. | Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery authorised by each Member State | Number of traps |
| --- | --- | --- |
| Spain | 5 |
| Italy | 6 |
| Portugal | 1  (4) |

5.

Number of traps

Spain

5

Italy

6

Portugal

1  (4)

| 6. | Maximum bluefin tuna farming capacity and fattening capacity for each Member State and maximum input of wild caught bluefin tuna that each Member State may allocate to its farms in the eastern Atlantic and Mediterranean

  Table A








  Maximum tuna farming capacity and fattening capacity |
| --- | --- |
| | Number of farms | Capacity (in tonnes) |
| Spain | 17 | 11 852 |
| Italy | 15 | 13 000 |
| Greece | 2 | 2 100 |
| Cyprus | 3 | 3 000 |
| Croatia | 7 | 7 880 |
| Malta | 8 | 12 300 |

6.

Table A

Maximum tuna farming capacity and fattening capacity

Number of farms

Capacity (in tonnes)

Spain

17

11 852

Italy

15

13 000

Greece

2

2 100

Cyprus

3

3 000

Croatia

7

7 880

Malta

8

12 300

Table B

| Maximum input of wild caught bluefin tuna (in tonnes) |
| --- |
| Spain | 5 855 |
| Italy | 3 000 |
| Greece | 785 |
| Cyprus | 2 195 |
| Croatia | 2 947 |
| Malta | 8 768 ’ |

Maximum input of wild caught bluefin tuna (in tonnes)

Spain

5 855

Italy

3 000

Greece

785

Cyprus

2 195

Croatia

2 947

Malta

8 768 ’

---

(1)  The numbers shown in Sections 1, 2 and 3 may decrease in order to comply with international obligations of the Union.

1

(2)  One medium size purse seiner may be replaced by no more than 10 longline vessels.

2

(3)  Polyvalent vessels, using multi-gear equipment (longline, handline, trolling line).

3

(4)  This number may be further increased, provided that the international obligations of the Union are complied with.

4

---

ANNEX VIII

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 ’ |

‘2.

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 ’

---