# Council Regulation (EU) No 432/2014Show full title

Council Regulation (EU) No 432/2014 of 22 April 2014 amending Regulation (EU) No 43/2014 as regards certain fishing opportunities

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U.K.

# Council Regulation (EU) No 432/2014                     

# of 22 April 2014

# amending Regulation (EU) No 43/2014 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)By Regulation (EU) No 43/2014(1) the Council fixed, for 2014, fishing opportunities for certain fish stocks and groups of fish stocks in Union waters and,                              for Union vessels, in certain non-Union waters.

(2)Fishing opportunities for Union vessels in Norwegian and Faroese waters and for Norwegian and Faroese vessels in Union waters,                              and the conditions of access to resources in each other's waters, are established each year following consultations on fishing                              rights held in accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway(2) and the Faroe Islands(3), respectively. Pending the conclusion of those consultations on the arrangements for 2014, Regulation (EU) No 43/2014 fixed                              provisional fishing opportunities for the stocks concerned. The consultations with Norway and the Faroe Islands were concluded                              on 12 March 2014 and 13 March 2014 respectively. Furthermore, on 28 March 2014, consultations were concluded between the Coastal                              States regarding blue whiting and between the Union, Iceland, Norway and the Russian Federation regarding Atlanto-Scandian                              herring. This enabled Norway and the Union to discuss reciprocal arrangements on access to resources in each other's waters.                              Regulation (EU) No 43/2014 should therefore be amended accordingly.

(3)In accordance with the outcome of consultations between the Union and Norway, 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 2015. Similarly, the Union may use in 2015 any unused quantities up to 10 % of                              the quota available to it in 2014. 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.

(4)At its second annual meeting in 2014, the South Pacific Regional Fisheries Management Organisation (SPRFMO) adopted fishing                              opportunities consisting of a total allowable catch (TAC) for jack mackerel. SPRFMO also redefined the specific area to which                              catch and effort ceilings for bottom fisheries will apply from 4 May 2014 onwards. Those provisions should be implemented                              in the law of the Union.

(5)It is necessary to clarify certain provisions concerning certain stocks, the Western Channel sole effort management regime                              and a specific reporting obligation in the context of the Inter-American Tropical Tuna Commission.

(6)The catch limits and effort limits provided for in Regulation (EU) No 43/2014 apply respectively from 1 January and 1 February                              2014. The provisions of this Regulation concerning catch limits and fishing effort should therefore also apply from those                              dates. 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 catch and effort limits for                              bottom fisheries in the area specified by SPRFMO should apply from 4 May 2014. Since the modification of some catch limits                              and effort regimes has an influence on the economic activities and the planning of the fishing season of Union vessels, this                              Regulation should enter into force immediately after its publication,

HAS ADOPTED THIS REGULATION:

## Article 1U.K.Amendments to Regulation (EU) No 43/2014

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

in Article 1, paragraph 3 is deleted;

the following Article is inserted:

### ‘Article 18aFlexibility in the fixing of fishing opportunities of certain stocks

1.This Article shall apply to the following stocks:                           

(a)haddock in zone IV, Union waters of IIa;                           

(b)blue whiting in Union 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; Union waters of IIa, IIIb, IIIc and IIId;                           

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

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

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

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

(h)saithe in the North Sea;                           

(i)plaice in the North Sea;                           

(j)herring in the North Sea north of 53° N;                           

(k)herring in areas IVc and VIId;                           

(l)haddock in area IIIa.                           

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 2014.                           

3.Any quantities used in 2014 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 2015.                           

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 2015.                           

5.Any quantities transferred to other Member States pursuant to Article 16(8) of Regulation (EU) No 1380/2013 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.’;                           

Article 31 is replaced by the following:

### ‘Article 31Bottom fisheries

Member States with a track record in bottom fishing catch or effort in the SPRFMO Convention Area over the period from 1 January                                 2002 to 31 December 2006 shall limit their bottom fishing catch or effort in the Convention Area to those parts of the Convention                                 Area where bottom fishing has occurred in that period and to a level that does not exceed the annual average levels of catches                                 or effort parameters over the period from 1 January 2002 to 31 December 2006.’;                           

in Article 32(6), point (b) is replaced by the following:

report the information specified in paragraph (a) to the Member State of which they are nationals. Member States shall transmit                                          the information collected during the previous year to the Commission by 31 January 2014.’;                                    

Annex IA is amended in accordance with Annex I to this Regulation;

Annex IB is amended in accordance with Annex II to this Regulation;

Annex IJ is replaced by the text appearing in Annex III to this Regulation;

Annex IIC is amended in accordance with Annex IV to this Regulation;

Annex III is replaced by the text appearing in Annex V to this Regulation;

Annex VIII is replaced by the text appearing in Annex VI to this Regulation.

## Article 2U.K.Entry into force and application

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

It shall apply from 1 January 2014.

However,

point 3 of Article 1 shall apply from 4 May 2014; and

point 8 of Article 1 shall apply from 1 February 2014.

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

## ANNEX IU.K.

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

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

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

the entry for boarfish in Union and international waters of VI, VII and VIII is replaced by the following:

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

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

the entry for herring in Norwegian waters south of 62o 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 Union waters of IIa is replaced by the following:

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

the entry for herring in VIIg, VIIh, VIIj and VIIk is replaced by the following:

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

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

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

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

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

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

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

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

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

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

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

the entry for whiting in VIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh, VIIj and VIIk is replaced by the following:

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

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

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

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

the entry for ling in Union 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 62o N is replaced by the following:                           

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

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

the entry for plaice in VIId and VIIe is replaced by the following:

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

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

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

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

[X1the entry for mackerel in IIIa and IV; Union 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; Union 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; Union 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 Union waters of IIa and IV is replaced by the following:

the entry for sole in VIIIc, VIIId, VIIIe, IX and X; Union waters of CECAF 34.1.1 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 Union waters of IIa and IV is replaced by the following:

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

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

the entry for Norway pout and associated by-catches in Norwegian waters of 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 Union 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 Union waters of IIa, IV and VIa north of 56o 30' N is replaced by the following:                           

Editorial Information

X1Substituted by Corrigendum to Council Regulation (EU) No 432/2014 of 22 April 2014 amending Regulation (EU) No 43/2014 as regards certain                                 fishing opportunities (Official Journal of the European Union L 126 of 29 April 2014).

## ANNEX IIU.K.

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

the entry for herring in Union, 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 cod and haddock in Faroese waters of Vb 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 haddock in Norwegian waters of I and II is replaced by the following:

the entry for blue whiting in Faroese waters is replaced by the following:

the entry for ling and blue ling in Faroese waters of Vb 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 saithe in Faroese waters of Vb 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 redfish in Faroese waters of Vb is replaced by the following:

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

the entry for other species in Faroese waters of Vb is replaced by the following:

the entry for flatfish in Faroese waters of Vb is replaced by the following:

## ANNEX IIIU.K.

### ‘ANNEX IJSPRFMO CONVENTION AREA

## ANNEX IVU.K.

Point 7.1 of Annex IIC to Regulation (EU) No 43/2014 is replaced by the following:

### ‘7.1.An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present within the                           area when carrying on board any regulated gear may be allocated to a Member State by the Commission on the basis of permanent                           cessations of fishing activities that have taken place between 1 February 2013 and 31 January 2014 either in accordance with                           Article 23 of Regulation (EC) No 1198/2006 or Regulation (EC) No 744/2008. Permanent cessations resulting from any other circumstances                           may be considered by the Commission on a case-by-case basis, following a written and duly motivated request from the Member State                           concerned. Such written request shall identify the vessels concerned and confirm, for each of them, that they shall never                           return to fishing activities.’

## ANNEX VU.K.

### ‘ANNEX III

#### **Maximum number of fishing authorisations for Union vessels fishing in third-country waters**U.K.

## ANNEX VIU.K.

### ‘ANNEX VIII

#### **Quantitative limitations of fishing authorisations for third-country vessels fishing in Union waters**U.K.

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, 28.1.2014, p. 1).                           

2

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

3

Agreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home                              Government of the Faeroe Islands, of the other part (OJ L 226, 29.8.1980, p. 12).