# Council Regulation (EU) No 297/2013Show full title

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         

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U.K.

# 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

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 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources                              under the Common Fisheries Policy(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 economical advice and in particular reports drawn up by                              the Scientific, Technical and Economic Committee for Fisheries (STECF), as well as in the light of any advice received from                              Regional Advisory Councils.

(2)It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain                              conditions functionally linked thereto, as appropriate. Fishing opportunities should be distributed among Member States in                              such a way as to assure each Member State relative stability of fishing activities for each stock or fishery and having due                              regard to the objectives of the Common Fisheries Policy established in Regulation No (EC) 2371/2002.

(3)By Regulation (EU) No 44/2012(2), the Council fixed fishing opportunities for certain fish stocks and groups of fish stocks in EU waters, and for EU vessels                              in certain non-EU waters for 2012. By Regulations (EU) No 39/2013(3) and (EU) No 40/2013(4), the Council fixed fishing opportunities for certain fish stocks and groups of fish stocks in EU waters, and for EU vessels                              in certain non-EU waters for 2013.

(4)In Regulation (EU) No 39/2013, it is appropriate to clarify the special condition for the fixing of fishing opportunities                              for horse mackerel in areas VIIIc and IX.

(5)Additional fishing opportunities for Greenland halibut in NAFO 3LMNO became available for the Union in 2012 as a result of                              quota transfers between the Union and other Contracting Parties to the Northwest Atlantic Fisheries Organisation (NAFO). Consequently,                              for the year 2012, Annex IC to Regulation (EU) No 44/2012 should be amended with effect from 1 January 2012 so as to reflect                              those new fishing opportunities. These modifications concern the year 2012 only and are without prejudice to the principle                              of relative stability.

(6)Fishing opportunities for EU and Norwegian vessels, and the conditions of access to fishery resources in each other's waters                              are established each year in the light of consultations on fishing rights held in accordance with the bilateral agreement                              on fisheries with Norway(5). 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. It is appropriate                              that the relevant provisions of Regulation (EU) No 40/2013 be amended accordingly.

(7)Catch limits for sandeel in the International Council for the Exploration of the Sea (ICES) zone IIIa and in EU waters of                              ICES zones IIa and IV are provisionally laid down in Annex IA to Regulation (EU) No 40/2013. In February 2013, ICES published                              scientific advice for the stock of sandeel in EU waters of ICES divisions IIa and IIIa and ICES subarea IV. In accordance                              with that advice, the catch limits for management areas 1 and 2 should be fixed at 224 544 tonnes and 17 544 tonnes respectively.                              For management area 3, ICES advices a total catch limit of 78 331 tonnes. Since management area 3 covers both EU and Norwegian                              catches, the Union limit in this area should be set at no more than 40 000 tonnes. For management areas 4 and 6, catch and                              survey data were insufficient for ICES to conduct an age-based assessment. Consequently, in line with the approach adopted                              for other stocks in similar circumstances, it is appropriate to set catch limits in management areas 4 and 6 of 4 000 tonnes                              336 tonnes respectively, which amounts to reductions of 20 % compared with the 2012 catch limits in those areas. In accordance                              with ICES advice, it is appropriate to fix catch limits of zero for management areas 5 and 7. Given that sandeel is a stock                              that is shared with Norway and given the availability of sandeel in EU waters in 2013, it is appropriate to provide for an                              exchange of quotas with Norway. Consequently, the amount allocated to Norway from the Union's share of the total allowable                              catch (TAC) should be fixed at the level of 22 450 tonnes of sandeel in management area 1 in exchange for 1 769 tonnes of                              North Norway cod, 131 tonnes of North Norway haddock, 250 tonnes of plaice in the North Sea and 95 tonnes of ling in the North                              Sea. Annex IA to Regulation (EU) No 40/2013 should therefore be amended accordingly.

(8)The 9th Annual Meeting of the Western and Central Pacific Fisheries Commission (WCPFC), held in Manila from 2 to 9 December                              2012, adopted new conservation and management measures for bigeye tuna, yellowfin tuna and skipjack tuna concerning fishing                              effort limitations, as well as measures for the closed area for fishing with fish aggregating devices (FADs). The WCPFC also                              agreed on management measures regarding the overlap area between WCPFC and the Inter-American Tropical Tuna Commission (IATTC).                              According to those measures, EU vessels listed in the register of both organisations must comply only with the IATTC conservation                              and management measures set out in Regulation (EU) No 40/2013 when fishing in the overlap area. Those WCPFC measures should                              be implemented in the law of the Union.

(9)Under the provisions of International Commission for the Conservation of Atlantic Tunas (ICCAT) concerning the conservation                              of Atlantic swordfish, the Union may count up to 200 tonnes of its swordfish catch taken from the North Atlantic management                              area against its uncaught South Atlantic swordfish quota. The Union may also count up to 200 tonnes of its swordfish catch                              taken from the South Atlantic management area against its uncaught North Atlantic swordfish quota. Those provisions should                              be implemented in the law of the Union.

(10)At its first annual meeting, held in 2013, the South Pacific Regional Fisheries Management Organisation (SPRFMO) fixed fishing                              opportunities consisting of a TAC for jack mackerel, including a modification of the associated reporting in this fishery,                              and effort limitations for pelagic and bottom fisheries. Those provisions should be implemented in the law of the Union.

(11)Regulations (EU) No 39/2013 and (EU) No 40/2013 apply, in general, from 1 January 2013. This Regulation should apply from                              1 January 2013 as regards amendments to those Regulations. 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.                              The amendment to Regulation (EU) 44/2012 should apply as of 1 January 2012. Since the modification of some catch limits have                              an influence on the economic activities and the planning of the fishing season of EU vessels, it is necessary to amend Regulations                              (EU) No 44/2012, (EU) No 39/2013 and (EU) No 40/2013 urgently. For the same reason, this Regulation should enter into force                              immediately after its publication,

HAS ADOPTED THIS REGULATION:

## Article 1U.K.Amendments to Regulation (EU) No 44/2012

Annex IC to Regulation (EU) No 44/2012 is hereby amended in accordance with the text set out in Annex I to this Regulation.

## Article 2U.K.Amendments to Regulation (EU) No 39/2013

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

## Article 3U.K.Amendments to Regulation (EU) No 40/2013

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

in Article 4, the following point is added:

'overlap area between IATTC and WCPFC' is the geographical area defined by the following limits:                                    
                      -  longitude 150 ° W,                                           
                      -  longitude 130 ° W,                                           
                      -  latitude 4 ° S,                                           
                      -  latitude 50 ° S.”                                           

Article 24 is replaced by the following:

### “Article 24Pelagic fisheries - capacity limitation

Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009 shall                                 limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2013 to the total Union                                 level of 78 600 gross tonnage in that area.”                           

Article 25 is replaced by the following:

### “Article 25Pelagic fisheries - TACs

1.Only Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009,                                    as specified in Article 24, may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IJ.                           

2.The fishing opportunities set out in Annex IJ may only be fished under the condition that Member States send to the Commission,                                    in order to communicate them to the SPRFMO Secretariat, the list of vessels actively fishing or engaged in transhipment in                                    the SPRFMO Convention Area, records from vessel monitoring systems (VMS), monthly catch reports and, where available, port                                    calls at the latest by the fifth day of the following month.”                           

Article 29 is replaced by the following:

### “Article 29Fishing effort limitations for bigeye tuna, yellowfin tuna, skipjack tuna

Member States shall ensure that 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.”                           

in Article 30 paragraph 1 is replaced by the following:

“1.In the part of the WCPFC Convention Area located between 20 ° N and 20 ° S, fishing activities of purse-seine vessels making                                    use of fish aggregating devices (FADs) shall be prohibited between 00:00 hours of 1 July 2013 and 24:00 hours of 31 October                                    2013. During that period, a purse-seine vessel may only engage in fishing operations within that part of the WCPFC Convention                                    Area if it carries onboard an observer to monitor that at no time does the vessel:                           

(a)deploy or service a FAD or associated electronic device;                           

(b)fish on schools in association with FADs.”                           

the following Article is inserted:

### “Article 30aOverlap area between IATTC and WCPFC

1.Vessels listed exclusively in the WCPFC register shall apply the measures set out in Articles 29 to 31 when fishing in the                                    overlap area between IATTC and WCPFC as defined in point (n) of Article 4.                           

2.Vessels listed in both the WCPFC register and the IATTC register and vessels listed exclusively in the IATTC register shall                                    apply the measures set out in point (a) of Article 27(1) and in Article 27(2) to (6) when fishing in the overlap area between                                    IATTC and WCPFC as defined in point (n) of Article 4.”                           

Annexes IA, IB, ID, IJ, III and VIII are hereby amended in accordance with the text set out in Annex III to this Regulation.

# Article 4U.K.

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 2013.

However, Article 1 shall apply from 1 January 2012.

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

Done at Brussels, 27 March 2013.

*For the Council*                            

*The President*                            

E. Gilmore                            

## ANNEX IU.K.

In Annex IC to Regulation (EU) No 44/2012, the entry for Greenland halibut in NAFO 3LMNO is replaced by the following:

## ANNEX IIU.K.

### 1.In Part B of Annex I to Regulation (EU) No 39/2013, the entry for Horse mackerel in VIIIc is replaced by the following:U.K.

### 2.In Part B of Annex I to Regulation (EU) No 39/2013, the entry for Horse mackerel in IX is replaced by the following:U.K.

### 3.In Part B of Annex I to Regulation (EU) No 39/2013, the entry for Horse mackerel in X; EU waters of CECAF is replaced by the                        following:U.K.

### 4.In Part B of Annex I to Regulation (EU) No 39/2013, the entry for Horse mackerel in EU waters of CECAF is replaced by the                        following:U.K.

## ANNEX IIIU.K.

### 1.Annex IA to Regulation (EU) No 40/2013 is amended as follows:U.K.

the entry for sandeel and associated by-catches in EU waters of IIa, IIIa and IV is replaced by the following:

the entry for anglerfish in Norwegian waters of IV is replaced by the following:

the entry for tusk in EU and international waters of V, VI and VII is replaced by the following:

the entry for herring in IIIa is replaced by the following:

the entry for herring in EU and Norwegian waters of IV north of 53° 30'N is replaced by the following:

the entry for herring in Norwegian waters south of 62°N is replaced by the following:

the entry for herring in IIIa is replaced by the following:

the entry for herring in IV, VIId and EU waters of IIa is replaced by the following:

the entry for herring in IVc, VIId is replaced by the following:

the entry for cod in Skagerrak is replaced by the following:

the entry for cod in IV; EU waters of IIa; that part of IIIa not covered by Skagerrak and Kattegat is replaced by the following:

the entry for cod in Norwegian waters south of 62°N is replaced by the following:

the entry for cod in VIId is replaced by the following:

the entry for haddock in IIIa, EU waters of Subdivisions 22-32 is replaced by the following:

the entry for haddock in IV; EU waters of IIa is replaced by the following:

the entry for haddock in Norwegian waters south of 62°N is replaced by the following:

the entry for whiting in IIIa is replaced by the following:

the entry for whiting in IV; EU waters of IIa is replaced by the following:

the entry for whiting and pollack in Norwegian waters south of 62°N is replaced by the following:

the entry for blue whiting in Norwegian waters of II and IV is replaced by the following:

the entry for blue whiting in EU and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and                              XIV is replaced by the following:                           

the entry for blue whiting in VIIIc, IX and X; EU waters of CECAF 34.1.1 is replaced by the following:

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:

the entry for blue ling in EU waters and international waters of Vb, VI, VII is replaced by the following:

the entry for ling in EU and international waters of VI, VII, VIII, IX, X, XII and XIV is replaced by the following:

the entry for ling in Norwegian waters of IV is replaced by the following:

the entry for Norway lobster in Norwegian waters of IV is replaced by the following:

the entry for Northern prawn in IIIa is replaced by the following:

the entry for Northern prawn in Norwegian waters south of 62°N is replaced by the following:

the entry for plaice in Skagerrak is replaced by the following:

the entry for plaice in IV; EU waters of IIa; that part of IIIa not covered by the Skagerrak and the Kattegat is replaced                              by the following:                           

the entry for saithe in IIIa and IV; EU waters of IIa, IIIb, IIIc and Subdivisions 22-32 is replaced by the following:

the entry for saithe in VI; EU and international waters of Vb, XII and XIV is replaced by the following:

the entry for saithe in Norwegian waters south of 62° N is replaced by the following:

the entry for Greenland halibut in EU waters of IIa and IV; EU and international waters of VB and VI is replaced by the following:

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

the entry for mackerel in VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters                              of IIa, XII and XIV is replaced by the following:                           

the entry for mackerel in VIIIc, IX and X; EU waters of CECAF 34.1.1 is replaced by the following:

the entry for mackerel in Norwegian waters of IIa and IVa is replaced by the following:

the entry for common sole in EU waters of II and IV is replaced by the following:

the entry for sprat and associated by-catches in IIIa is replaced by the following:

the entry for sprat and associated by catches in EU waters of IIa and IV is replaced by the following:

the entry for horse mackerel and associated by-catches in EU waters of IVb, IVc and VIId is replaced by the following:

the entry for horse mackerel and associated by-catches in EU waters of IIa, IVa; VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and                              VIIIe; EU and international waters of Vb; international waters of XII and XIV is replaced by the following:                           

the entry for Norway pout and associated by-catches in IIIa; EU waters of IIa and IV is replaced by the following:

the entry for industrial fish in Norwegian waters of IV is replaced by the following:

the entry for other species in EU waters of Vb, VI and VII is replaced by the following:

the entry for other species in Norwegian waters of IV is replaced by the following:

the entry for other species in EU waters of IIa, IV and VIa north of 56° 30'N is replaced by the following:

### 2.Annex IB to Regulation (EU) No 40/2013 is amended as follows:U.K.

the entry for herring in EU, Norwegian and international waters of I and II is replaced by the following:

the entry for cod in Norwegian waters of I and II is replaced by the following:

the entry for cod in Greenland waters of NAFO 1 and Greenland waters of XIV is replaced by the following:

The entry for cod in I and IIb is replaced by the following:

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

the entry for Atlantic halibut in Greenland waters of NAFO 1 is replaced by the following:

the entry for grenadiers in Greenland waters of V and XIV is replaced by the following:

the entry for grenadiers in Greenland waters of NAFO 1 is replaced by the following:

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

the entry for haddock in Norwegian waters of I and II is replaced by the following:

the entry for Northern prawn in Greenland waters of V and XIV is replaced by the following:

the entry for saithe in Norwegian waters of I and II is replaced by the following:

the entry for Greenland halibut in Norwegian waters of I and II is replaced by the following:

the entry for Greenland halibut in Greenland waters of NAFO 1 is replaced by the following:

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

the entry for redfish in Norwegian waters of I and II is replaced by the following:

the entry for redfish (pelagic) in Greenland waters of NAFO 1F and Greenland waters of V and XIV is replaced by the following:

the entry for other species in Norwegian waters of I and II is replaced by the following:

### 3.Annex ID to Regulation (EU) No 40/2013 is amended as follows:U.K.

the entry for swordfish in the Atlantic Ocean, North of 5° N, is replaced by the following:

the entry for swordfish in the Atlantic Ocean, South of 5° N, is replaced by the following:

### 4.Annex IJ to Regulation (EU) No 40/2013 is replaced by the following:U.K.

#### “ANNEX IJ

##### **SPRFMO CONVENTION AREA**

### 5.Annex III to Regulation (EU) No 40/2013 is replaced by the following:U.K.

#### “"ANNEX III

##### **Maximum number of fishing authorisations for eu vessels fishing in third-country waters**

### 6.Annex VIII to Regulation (EU) No 40/2013 is replaced by the following:U.K.

#### “"ANNEX VIII

##### **QUANTITATIVE LIMITATIONS OF FISHING AUTHORISATIONS FOR THIRD-COUNTRY VESSELS FISHING IN EU WATERS**

1

OJ L 358, 31.12.2002, p. 59.                           

2

Council Regulation (EU) No 44/2012 of 17 January 2012 fixing for 2012 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 25, 27.1.2012, p. 55).                           

3

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

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

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