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
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 economic 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 (EC) No 2371/2002.
(3)
For certain total allowable catch (TACs) Member States should be allowed to grant additional allocations for vessels participating in trials on fully documented fisheries. The aim of those trials is to test a catch-quota system, i.e. a system where all catches should be landed and counted against quotas in order to avoid discards and the waste of otherwise usable fish resources they entail. Uncontrolled discards of fish are a threat to the long term sustainability of fish as a public good and thus to the Common Fisheries Policy objectives. By contrast, catch-quota systems inherently present the fishers with an incentive to optimise the catch selectivity of their operations. In order to achieve a rational management of discards, a fully documented fishery should cover every operation at sea, rather than what is landed at port. The conditions for Member States to grant such additional allocations should therefore include an obligation to ensure the use of close circuit television cameras (CCTV) associated to a system of sensors (jointly referred to as "CCTV system"). This should enable the recording, in detail, of all retained and discarded parts of catches. A system based on human observers operating in real time on board would be less efficient, more costly, and less reliable. Consequently, the use of CCTV systems is, at this time, a prerequisite for the achievement of discard reduction schemes such as fully documented fisheries. In the use of such system, the requirements of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (2) should be complied with.
(4)
In order to ensure that trials of fully documented fisheries can effectively evaluate the potential of catch-quota systems to control the absolute fishing mortality of the stocks concerned, it is necessary for all fish caught in those trials, including those under minimum landing size, to be counted against the total allocation assigned to the participating vessel, and for fishing operations to cease when that total allocation has been fully utilised by that vessel. It is also appropriate to allow transfers of allocations between vessels participating in the fully documented fisheries trials and non-participating vessels provided that it can be demonstrated that discards by non-participating vessels do not increase.
(5)
The TACs should be established on the basis of available scientific advice, taking into account biological and socio-economic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders, in particular at the meetings of the Regional Advisory Councils concerned.
(6)
For stocks subject to specific multiannual plans, the TACs should be established in accordance with the rules laid down in those plans. Consequently, the TACs for stocks of sole in the North Sea, of plaice in the North Sea, of cod in the North Sea, Skagerrak and the eastern Channel, of bluefin tuna in the eastern Atlantic and the Mediterranean and of herring in the West of Scotland should be established in accordance with the rules laid down in Council Regulation (EC) No 676/2007 of 11 June 2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea (3); Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock (4); Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (5) (the ‧Cod Plan‧); and Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean (6).
(7)
For stocks for which there is no sufficient or reliable data in order to provide size estimates, management measures and TAC levels should follow the precautionary approach to fisheries management as defined in point (i) of Article 3 of Regulation (EC) No 2371/2002, while taking into account stock-specific factors, including, in particular, available information on stock trends and mixed fisheries considerations.
(8)
In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (7), the stocks that are subject to the various measures referred to therein should be identified.
(9)
For certain species, such as certain species of sharks, even a limited fishing activity could result in a serious risk to their conservation. Fishing opportunities for such species should therefore be fully restricted through a general prohibition on fishing those species.
(10)
It is appropriate, following advice from the International Council for the Exploration of the Sea (ICES), to maintain and revise a system to manage sandeel in EU waters of ICES divisions IIa and IIIa and ICES subarea IV.
(11)
It is necessary to establish the fishing effort ceilings for 2013 in accordance with Article 9 of Regulation (EC) No 676/2007, Articles 11 and 12 of Regulation (EC) No 1342/2008 and Articles 5 and 9 of Regulation (EC) No 302/2009, while taking into account 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 (8).
(12)
In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway (9), the Faroe Islands (10) and Iceland (11), the Union has held consultations on fishing rights with those partners. The consultations with Norway have not been finalised and the arrangements for 2013 are only expected to be concluded in early 2013. In order to avoid the interruption of Union fishing activities, whilst allowing for the necessary flexibility for the conclusion of those arrangements early in 2013, it is appropriate to establish the fishing opportunities for stocks subject to those arrangements on a provisional basis. It has not been possible to conclude consultations with either the Faroe Islands or Iceland on fisheries arrangements for 2013. In accordance with the procedure provided for in the agreement and protocol on fisheries relations with Greenland (12), the Joint Committee has established the concrete level of fishing opportunities available for the Union in Greenland waters in 2013. According to the decision of the Joint Committee, quotas for capelin available to the Union in Greenland waters of ICES subareas V and XIV are to be automatically increased if a catch level of 70 % of the initial quota is achieved.
(13)
The Union is a contracting party to several fisheries organisations and participates in other organisations as a cooperating non-party. Moreover, by virtue of the 2003 Act of Accession, fisheries agreements previously concluded by the Republic of Poland, such as the Convention on the Conservation and Management of Pollock resources in the central Bering Sea, are managed by the Union as from the date of accession of Poland. Those fisheries organisations have recommended the introduction for 2013 of a number of measures, including fishing opportunities for EU vessels. Those fishing opportunities should be implemented in the law of the Union.
(14)
Regional Fisheries Management Organisations (RFMO) may allow for quota transfers and exchanges between Contracting Parties. To facilitate such quota transfers and exchanges between the Union and other Contracting Parties, Member States should be authorised to discuss with other Contracting Parties to the RFMO and, as appropriate, establish possible outlines of an intended quota transfer or exchange. The Commission should exchange the consent to be bound by such quota transfer or exchange with the other Contracting Party and notify the quota transfer or exchange to the RFMO. The fishing opportunities received or transferred under such quota transfer or exchange should be considered as fishing opportunities allocated to, or deducted from the allocation of the Member State concerned including for the purposes of applying the relevant provisions of Council Regulation (EC) 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (13). However, such ad hoc quota transfer or exchange should not change the existing distribution key for the purpose of allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.
(15)
At its 34th Annual Meeting in 2012, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a number of fishing opportunities for 2013 of certain stocks in Subareas 1-4 of the NAFO Convention Area. In that context, NAFO adopted a procedure for increase of the TAC for white hake in NAFO Subdivision 3NO fixed for 2013, if certain conditions related to the situation of this stock are met. A Contracting Party to NAFO may notify to the Executive Secretary of NAFO that higher than normal catches per unit of effort have been observed for the stock of white hake in NAFO Subdivision 3NO. If the in-year 2013 TAC increase is confirmed by NAFO, it should be implemented into the law of the Union.
(16)
At its 83nd Annual Meeting in 2012, the Inter-American Tropical Tuna Commission (IATTC) adopted conservation measures for yellowfin tuna, bigeye tuna and skipjack tuna. IATTC also adopted a resolution on the conservation of oceanic whitetip sharks. Those measures should be implemented in the law of the Union.
(17)
At its Annual Meeting in 2012, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted a revised multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean according to which the Union quota was increased. Furthermore, the closed fishing season for some fishing gears has been replaced by an open season and moved back by ten days. In addition, a one year extension of the existing TAC and quotas for Southern-Atlantic swordfish was adopted, as well as a new plan for rebuilding populations of blue and white marlins. As a result, the Union quota for Southern-Atlantic swordfish remains the same as in 2012, whereas the Union quota for blue marlin was consistently increased to take into account the artisanal fishery in the outermost regions of the Union. The Union quota for white marlins remained stable. Those measures should be implemented in the law of the Union.
(18)
At its Annual Meeting in 2012, the Indian Ocean Tuna Commission (IOTC) did not modify its measures regarding fishing opportunities as currently implemented in the law of the Union. The currently applicable measures adopted by the IOTC should be implemented in the law of the Union.
(19)
The first Annual Meeting of the South Pacific Regional Fisheries Management Organisation (SPRFMO) will be held from 28 January to 1 February 2013. Until such Annual Meeting is held, it is appropriate that the current interim measures remain in place, as implemented by Regulation (EU) No 44/2012.
(20)
At its Annual Meeting in 2012, the South East Atlantic Fisheries Organisation (SEAFO) did not modify the TACs for Patagonian toothfish, orange roughy, alfonsinos and deep-sea red crab agreed for 2011 and 2012 at its annual meeting in 2010. The currently applicable measures adopted by SEAFO should be implemented in the law of the Union.
(21)
In the light of the most recent scientific advice from ICES and in accordance with the international commitments in the context of the North East Atlantic Fisheries Convention (NEAFC), it is necessary to limit the fishing effort on certain deep-sea species.
(22)
The 9th Annual Meeting of the Western and Central Pacific Fisheries Commission (WCPFC) in 2012 did not modify its measures regarding fishing opportunities as currently implemented in the law of the Union, with the exception of a strengthening of the closed area for fish aggregation devices (FAD) fishing. The revision of this closed area for FAD fishing requires that the Union as a Contracting Party to WCPFC decides on one of two available options for additional measures for strengthening the closed area. Until such a decision is taken, the currently applicable measures adopted by the WCFPC should continue to be implemented in the law of the Union.
(23)
At its Annual Meeting in 2012, the Parties to the Convention on the Conservation and Management of Pollock resources in the central Bering Sea did not modify its measures regarding fishing opportunities. Those measures should be implemented in the law of the Union.
(24)
At its Annual Meeting in 2012, the Parties to the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) adopted catch limits for both target and by-catch species. Those measures should be implemented in the law of the Union.
(25)
Certain international measures which create or restrict fishing opportunities for the Union are adopted by the relevant RFMOs at the end of the year and become applicable before the entry into force of this Regulation. It is therefore necessary for the provisions that implement such measures in the law of the Union to apply retroactively. In particular, since the fishing season in CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) Convention Area runs from 1 December to 30 November, and thus certain fishing opportunities or prohibitions in the CCAMLR Convention Area are laid down for a period of time starting from 1 December 2012, it is appropriate that the relevant provisions of this Regulation apply from that date. Such retroactive application will be without prejudice to the principle of legitimate expectations as CCAMLR members are forbidden to fish in the CCAMLR Convention Area without authorisation.
(26)
In accordance with the declaration by the Union to the Bolivarian Republic of Venezuela ("Venezuela") on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of Venezuela in the exclusive economic zone (EZZ) off the coast of French Guyana (14), it is necessary to fix the fishing opportunities for snappers available to Venezuela in EU waters.
(27)
The use of fishing opportunities available to EU vessels set out in this Regulation is subject to Regulation (EC) No 1224/2009 and in particular to Articles 33 and 34 of that Regulation, concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.
(28)
In order to avoid the interruption of fishing activities and to ensure the livelihood of the fishermen of the Union, this Regulation should apply from 1 January 2013, except for the provisions concerning fishing effort limits, which should apply from 1 February 2013, and specific provisions in particular regions, which should have a specific date of application as indicated in recital 23. For reasons of urgency, this Regulation should enter into force immediately after its publication.
(29)
Fishing opportunities should be used in full compliance with the applicable law of the Union,
HAS ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
Article 1
Subject matter
1. This Regulation fixes 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.
2. The fishing opportunities referred to in paragraph 1 shall include:
(a)
catch limits for the year 2013 and, where specified in this Regulation, for the year 2014;
(b)
fishing effort limits for the period from 1 February 2013 to 31 January 2014;
(c)
fishing opportunities for the period from 1 December 2012 to 30 November 2013 for certain stocks in the CCAMLR Convention Area; and
(d)
fishing opportunities for the periods set out in Article 27 for certain stocks in the IATTC Convention Area for the year 2013 and, where specified in this Regulation, for the year 2014.
3. This Regulation also fixes provisional fishing opportunities for certain fish stocks and groups of fish stocks subject to the bilateral fisheries arrangements with Norway, pending the consultations on those arrangements for 2013.
Article 2
Scope
This Regulation shall apply to the following vessels:
(a)
EU vessels;
(b)
third-country vessels in EU waters.
Article 3
Definitions
For the purpose of this Regulation the following definitions shall apply:
(a)
‧EU vessel‧ means a fishing vessel flying the flag of a Member State and registered in the Union;
(b)
‧third-country vessel‧ means a fishing vessel flying the flag of, and registered in, a third country;
(c)
‧EU waters‧ means waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent to the overseas countries and territories listed in Annex II to the Treaty;
(d)
‧total allowable catch‧ (TAC) means the quantity that can be taken and landed from each fish stock each year;
(e)
‧quota‧ means a proportion of the TAC allocated to the Union, a Member State or a third country;
(f)
‧international waters‧ means waters falling outside the sovereignty or jurisdiction of any State;
(g)
‧mesh size‧ means the mesh size of fishing nets as determined in accordance with Regulation (EC) No 517/2008 (15).
Article 4
Fishing zones
For the purposes of this Regulation, the following zone definitions shall apply:
(a)
ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation (EC) No 218/2009 (16);
(b)
‧Skagerrak‧ means the geographical area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast;
(c)
‧Kattegat‧ means the geographical area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;
(d)
CECAF (Committee for Eastern Central Atlantic Fisheries) areas are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 (17);
(e)
NAFO (Northwest Atlantic Fisheries Organisation) areas are the geographical areas specified in Annex III to Regulation (EC) No 217/2009 (18);
(f)
‧SEAFO (South East Atlantic Fisheries Organisation) Convention Area‧ is the geographical area defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (19);
(g)
‧ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention Area‧ is the geographical area defined in the International Convention for the Conservation of Atlantic Tunas (20);
(h)
‧CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) Convention Area‧ is the geographical area defined in point (a) of Article 2 of Regulation (EC) No 601/2004 (21);
(i)
‧IATTC (Inter American Tropical Tuna Commission) Convention Area‧ is the geographical area defined in the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (22);
(j)
‧IOTC (Indian Ocean Tuna Commission) Convention Area‧ is the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission (23);
(k)
‧SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area‧ is the high seas geographical area south of 10° N, north of the CCAMLR Convention Area, east of the SIOFA Convention Area as defined in the Southern Indian Ocean Fisheries Agreement (24), and west of the areas of fisheries jurisdictions of South American States;
(l)
‧the WCPFC (Western and Central Pacific Fisheries Commission) Convention Area‧ is the geographical area defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (25);
(m)
‧high seas of the Bering Sea‧ is the geographical area of the high seas of the Bering Sea beyond 200 nautical miles from the baselines from which the breadth of the territorial sea of the coastal States of the Bering Sea is measured.
TITLE II
FISHING OPPORTUNITIES FOR EU VESSELS
CHAPTER I
General provisions
Article 5
TACs and allocations
1. The TACs for EU vessels in EU waters or in certain non-EU waters and the allocation of such TACs among Member States, and the conditions functionally linked thereto, where appropriate, are set out in Annex I.
2. EU vessels are authorised to make catches, within the TACs set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the condition set out in Article 14 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008 (26) and its implementing provisions.
Article 6
Additional allocations for vessels participating in trials on fully documented fisheries
1. For certain stocks, a Member State may grant an additional allocation to vessels flying its flag and participating in trials on fully documented fisheries. Those stocks are identified in Annex I.
2. The additional allocation referred to in paragraph 1 shall not exceed the overall limit set out in Annex I as a percentage of the quota allocated to that Member State.
3. The additional allocation referred to in paragraph 1 shall comply with the following conditions:
(a)
the vessel makes use of close circuit television cameras (CCTV) associated to a system of sensors (jointly referred to as "the CCTV system") to record all on board fishing and processing activities;
(b)
the additional allocation granted to an individual vessel that participates in trials on fully documented fisheries shall not exceed any of the following limits:
(i)
75 % of the discards of the stock, as estimated by the relevant Member State, produced by the type of vessel to which the individual vessel that has been granted the additional allocation belongs;
(ii)
30 % of the vessel's individual allocation prior to participating in the trials;
(c)
all catches by the vessel from the stock subject to the additional allocation, including fish that are under minimum landing size as defined in Annex XII of Regulation (EC) No 850/98, shall be counted against the individual allocation of the vessel, as resulting from any additional allocation granted under this Article;
(d)
once the individual allocation for any stock subject to the additional allocation has been fully utilised by a vessel, the vessel in question must cease all fishing activity in the relevant TAC area;
(e)
in respect of the stocks for which this Article may be used, the Member States may allow transfers of the individual allocation or any part thereof from vessels not participating in the fully documented fisheries trials to vessels participating in those trials provided that it can be demonstrated that discards by the non-participating vessels do not increase.
4. Notwithstanding point (i) of point (b) of paragraph 3, a Member State may exceptionally grant to a vessel flying its flag an additional allocation exceeding 75 % of the estimated discards of the stock produced by the type of vessel to which the individual vessel that has been granted the additional allocation belongs, provided that:
(a)
the rate of stock discards, as estimated for the relevant type of vessel, is less than 10 %;
(b)
the inclusion of that type of vessel is important to evaluate the potential of the CCTV system for control purposes;
(c)
an overall limit of 75 % of the estimated stock discards produced by all vessels participating in the trials is not exceeded.
5. To the extent that the recordings obtained in accordance with point (a) of paragraph 3 involve the processing of personal data within the meaning of Directive 95/46/EC, that Directive shall apply to the processing of such data.
6. Where a Member State detects that a vessel participating in trials on fully documented fisheries fails to comply with the conditions set out in paragraph 3, it shall immediately withdraw the additional allocation granted to that vessel and exclude it from participation in those trials for the remainder of the year 2013.
7. Prior to granting the additional allocation referred to in paragraphs 1 to 6, a Member State shall submit to the Commission the following information:
(a)
the list of vessels flying its flag and participating in trials on fully documented fisheries;
(b)
the specifications of the remote electronic monitoring equipment installed on board those vessels;
(c)
the capacity, type and specification of gears used by those vessels;
(d)
the estimated discards for each type of vessel participating in the trials;
(e)
the amount of catches of the stock subject to the relevant TAC made in 2012 by the vessels participating in the trials.
8. The Commission may request any Member State that avails itself of this Article to submit its assessment of the discards produced per type of vessel to a scientific advisory body for review, in order to monitor the implementation of the requirement set out in point (i) of point (b) of paragraph 3. In the absence of an assessment confirming such discards, the Member State concerned shall take any appropriate measure to ensure compliance with that requirement and inform the Commission thereof.
Article 7
Conditions for landing catches and by-catches
Fish from stocks for which TACs are established shall be retained on board or landed only if:
(a)
the catches have been taken by vessels flying the flag of a Member State having a quota and that quota is not exhausted; or
(b)
the catches consist of a share in a EU quota which has not been allocated by quota among Member States, and that EU quota has not been exhausted.
Article 8
Fishing effort limits
From 1 February 2013 to 31 January 2014, the fishing effort measures laid down in Annex IIA shall apply for the management of certain cod, plaice and sole stocks in:
(a)
the Skagerrak;
(b)
that part of ICES division IIIa not covered by the Skagerrak and the Kattegat;
(c)
ICES subarea IV;
(d)
EU waters of ICES division IIa; and
(e)
ICES division VIId.
Article 9
Catch and effort limits for deep-sea fisheries
1. Article 3(1) of Regulation (EC) No 2347/2002 (27) establishing the requirement of holding a deep-sea fishing permit shall apply to Greenland halibut. The catching, retaining on board, transhipping and landing of Greenland halibut shall be subject to the conditions referred to in that Article.
2. Member States shall ensure that for 2013 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits referred to in Article 3(1) of Regulation (EC) No 2347/2002 do not exceed 65 % of the average annual fishing effort deployed by the vessels of the Member State concerned in 2003 on trips when deep-sea fishing permits were held or deep-sea species, as listed in Annexes I and II to that Regulation, were caught. This paragraph shall apply only to fishing trips on which more than 100 kg of deep-sea species, other than greater silver smelt, were caught.
Article 10
Special provisions on allocations of fishing opportunities
1. The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:
(a)
exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
(b)
reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009 or pursuant to Article 10(4) of Regulation (EC) No 1006/2008;
(c)
additional landings allowed under Article 3 of Regulation (EC) No 847/96;
(d)
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;
(e)
deductions made pursuant to Articles 37, 105, 106 and 107 of Regulation (EC) No 1224/2009;
(f)
quota transfers and exchanges pursuant to Article 15 of this Regulation.
2. Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TAC.
Article 11
Closed fishing season
1. It shall be prohibited to fish or retain on board any of the following species in the Porcupine Bank during the period from 1 May to 31 May 2013: tusk, blue ling and ling.
2. For the purposes of this Article, the Porcupine Bank shall comprise the geographical area bounded by rhumb lines sequentially joining the following positions:
Point
Latitude
Longitude
1
52° 27′ N
12° 19′ W
2
52° 40′ N
12° 30′ W
3
52° 47′ N
12° 39,600′ W
4
52° 47′ N
12° 56′ W
5
52° 13,5′ N
13° 53,830′ W
6
51° 22′ N
14° 24′ W
7
51° 22′ N
14° 03′ W
8
52° 10′ N
13° 25′ W
9
52° 32′ N
13° 07,500′ W
10
52° 43′ N
12° 55′ W
11
52° 43′ N
12° 43′ W
12
52° 38,800′ N
12° 37′ W
13
52° 27′ N
12° 23′ W
14
52° 27′ N
12° 19′ W
3. By way of derogation from paragraph 1, transit through the Porcupine Bank while carrying on board the species referred to in that paragraph, shall be permitted in accordance with Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009.
Article 12
Prohibitions
1. It shall be prohibited for EU vessels to fish for, to retain on board, to tranship or to land the following species:
(a)
basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in all waters;
(b)
porbeagle (Lamna nasus) in all waters, except where it is provided otherwise in Annex I, Part B of Regulation (EU) No 39/2013 (28);
(c)
angel shark (Squatina squatina) in EU waters;
(d)
common skate (Dipturus batis) in EU waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;
(e)
undulate ray (Raja undulata) and white skate (Raja alba) in EU waters of ICES subareas VI, VII, VIII, IX and X;
(f)
guitarfishes (Rhinobatidae) in EU waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;
(g)
giant manta ray (Manta birostris) in all waters.
2. When accidentally caught, species referred to in paragraphs 1 shall not be harmed. Specimens shall be promptly released.
Article 13
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to the landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.
CHAPTER II
Fishing authorisations in third-country waters
Article 14
Fishing authorisations
1. The maximum number of fishing authorisations for EU vessels fishing in waters of a third country is set out in Annex III.
2. Where one Member State transfers quota to another Member State ("swap") in the fishing areas set out in Annex III on the basis of Article 20(5) of Regulation (EC) No 2371/2002, the transfer shall include an appropriate transfer of fishing authorisations and shall be notified to the Commission. However, the total number of fishing authorisations for each fishing area, as set out in Annex III, shall not be exceeded.
CHAPTER III
Fishing opportunities in waters of regional fisheries management organisations
Article 15
Quota transfers and exchanges
1. Where, under the rules of a regional fisheries management organisation ("RFMO"), quota transfers or exchanges between the Contracting Parties to the RFMO are permitted, a Member State ("the Member State concerned") may discuss with a Contracting Party to the RFMO and, as appropriate, establish a possible outline of an intended quota transfer or exchange.
2. Upon notification to the Commission by the Member State concerned, the Commission may endorse the outline of the intended quota transfer or exchange that the Member State has discussed with the concerned Contracting Party to the RFMO. Thereupon, the Commission shall exchange, without undue delay, the consent to be bound by such quota transfer or exchange with the concerned Contracting Party to the RFMO. The Commission shall then give notification of the agreed quota transfer or exchange to the secretariat of the RFMO in accordance with the rules of that organisation.
3. The Commission shall inform the Member States of the agreed quota transfer or exchange.
4. The fishing opportunities received from or transferred to the concerned Contracting Party to the RFMO under the quota transfer or exchange shall be deemed to be quotas allocated to or deducted from the allocation of, the Member State concerned, as of the moment that the quota transfer or exchange takes effect in accordance with the terms of the agreement reached with the concerned Contracting Party to the RFMO or in accordance with the rules of the relevant RFMO, as appropriate. Such allocation shall not change the existing distribution key for the purpose of allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.
Section 1
ICCAT Convention Area
Article 16
Fishing, farming and fattening capacity limitations for bluefin tuna
1. The 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 shall be limited as set out in point 1 of Annex IV.
2. The 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 shall be limited as set out in point 2 of Annex IV.
3. The number of EU vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be limited as set out in point 3 of Annex IV.
4. The number and total capacity in gross tonnage of fishing vessels authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex IV.
5. The number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery shall be limited as set out in point 5 of Annex IV.
6. The bluefin tuna farming capacity, the fattening capacity and the maximum input of wild caught bluefin tuna allocated to the farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex IV.
Article 17
Recreational and sport fisheries
Member States shall allocate a specific quota of bluefin tuna for recreational and sport fisheries from their quotas allocated in Annex ID.
Article 18
Sharks
1. Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks (Alopias superciliosus) in any fishery shall be prohibited.
2. It shall be prohibited to undertake a directed fishery for species of thresher sharks of the genus Alopias.
3. Retaining on board, transhipping or landing any part or whole carcass of hammerhead sharks of the family Sphyrnidae (except for the Sphyrna tiburo) in association with fisheries in the ICCAT Convention Area shall be prohibited.
4. Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) taken in any fishery shall be prohibited.
5. Retaining on board silky sharks (Carcharhinus falciformis) taken in any fishery shall be prohibited.
Section 2
CCAMLR Convention Area
Article 19
Prohibitions and catch limitations
1. Direct fishing of the species set out in Annex V, Part A, shall be prohibited in the zones and during the periods set out therein.
2. For exploratory fisheries, the TACs and by-catch limits set out in Annex V, Part B, shall apply in the subareas set out therein.
Article 20
Exploratory fisheries
1. Only those Member States which are members of the CCAMLR Commission may participate in longline exploratory fisheries for Dissostichus spp. in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of national jurisdiction in 2013. If such a Member State intends to participate in such fisheries, it shall notify the CCAMLR Secretariat in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 and in any case no later than 1 June 2013.
2. With regard to FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1,58.4.2 and 58.4.3a TACs and by-catch limits per subarea and division, and their distribution among Small Scale Research Units (SSRUs) within each of them, shall be as set out in Annex V, Part B. Fishing in any SSRU shall cease when the reported catch reaches the specified TAC, and the SSRU shall be closed to fishing for the remainder of the season.
3. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and fishing effort. However, fishing in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2 and 58.4.3a shall be prohibited in depths less than 550 m.
Article 21
Krill fishery during the 2013/2014 fishing season
1. Only those Member States which are members of the CCAMLR Commission may fish for krill (Euphausia superba) in the CCAMLR Convention Area during the 2013/2014 fishing season. If such a Member State intends to fish for krill in the CCAMLR Convention Area, it shall notify the CCAMLR Secretariat, in accordance with Article 5a of Regulation (EC) No 601/2004, and the Commission, and in any case no later than 1 June 2013:
(a)
of its intention to fish for krill, using the format laid down in Annex V, Part C;
(b)
of the net configuration form, using the format laid down in Annex V, Part D.
2. The notification referred to in paragraph 1 of this Article shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each vessel to be authorised by the Member State to participate in the krill fishery.
3. A Member State intending to fish for krill in the CCAMLR Convention Area shall only notify its intention to do so in respect of authorised vessels either flying its flag at the time of the notification or flying the flag of another CCAMLR member that are expected, at the time the fishery takes place, to be flying the flag of that Member State.
4. Member States shall be entitled to authorise participation in a krill fishery by vessels other than those notified to CCAMLR Secretariat in accordance with paragraphs 1, 2 and 3 of this Article, if an authorised vessel is prevented from participation due to legitimate operational reasons or force majeure. In such circumstances the Member States concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing:
(a)
full details of the intended replacement vessel(s), including information provided for in Article 3 of Regulation (EC) No 601/2004;
(b)
a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references.
5. Member States shall not authorise a vessel on either of the CCAMLR illegal, unreported and unregulated (IUU) Vessel Lists to participate in krill fisheries.
Section 3
IOTC Convention Area
Article 22
Limitation of fishing capacity of vessels fishing in the IOTC Convention Area
1. The maximum number of EU vessels fishing for tropical tunas in the IOTC Convention Area and the corresponding capacity in gross tonnage shall be as set out in point 1 of Annex VI.
2. The maximum number of EU vessels fishing for swordfish (Xiphias gladius) and albacore (Thunnus alalunga) in the IOTC Convention Area and the corresponding capacity in gross tonnage shall be as set out in point 2 of Annex VI.
3. Member States may re-allocate vessels assigned to one of the two fisheries referred to in paragraphs 1 and 2 to the other fishery, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.
4. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the record of vessels of other tuna regional fisheries organisations. Furthermore, no vessels featuring on the list of vessels engaged in IUU fishing activities (IUU vessels) of any RFMO may be transferred.
5. In order to take into account the implementation of the development plans submitted to the IOTC, Member States may only increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2 within the limits set out in those plans.
Article 23
Sharks
1. Retaining on board, transhipping 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. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.
Section 4
SPRFMO Convention Area
Article 24
Pelagic 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 levels of total 78 610 gross tonnage in that area in such manner that sustainable exploitation of the pelagic fishery resources in the South Pacific is ensured.
Article 25
Pelagic 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. Member States shall notify the Commission on a monthly basis of the names and characteristics, including gross tonnage, of vessels flying their flag engaged in the fishery referred to in this Article.
3. For the purpose of monitoring the fishery referred to in this Article, Member States shall send to the Commission, in order to communicate them to the SPRFMO Interim Secretariat, records from vessel monitoring systems (VMS), monthly catch reports and, where available, port calls at the latest by the fifteenth day of the following month.
Article 26
Bottom fisheries
Member States with a track record in bottom fishing effort or catch in the SPRFMO Convention Area over the period from 1 January 2002 to 31 December 2006 shall limit their effort or catch to:
(a)
the average level of catches or effort parameters over that period; and
(b)
only those parts of the SPRFMO Convention Area where bottom fisheries have occurred in any previous fishing season.
Section 5
IATTC Convention Area
Article 27
Purse-seine fisheries
1. The fishing by purse-seine vessels for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and skipjack tuna (Katsuwonus pelamis) shall be prohibited:
(a)
from 29 July to 28 September 2013 or from 18 November 2013 to 18 January 2014 in the area defined by the following limits:
-
the Pacific coastlines of the Americas,
-
longitude 150° W,
-
latitude 40° N,
-
latitude 40° S;
(b)
from 29 September to 29 October 2013 in the area defined by the following limits:
-
longitude 96° W,
-
longitude 110° W,
-
latitude 4° N,
-
latitude 3° S.
2. The Member States concerned shall notify the Commission of the selected period of closure referred to in paragraph 1 before 1 April 2013. All the purse-seine vessels of the Member States concerned shall stop purse-seine fishing in the areas defined in paragraph 1 during the selected period.
3. Purse-seine vessels fishing for tuna in the IATTC Convention Area shall retain on board and then land or tranship all yellowfin, bigeye and skipjack tuna caught.
4. Paragraph 3 shall not apply in the following cases:
(a)
where the fish is considered unfit for human consumption for reasons other than size; or
(b)
during the final set of a trip when there may be insufficient well space remaining to accommodate all the tuna caught in that set.
5. It shall be prohibited to fish for oceanic whitetip sharks (Carcharhinus longimanus) in the IATTC Convention Area, and to retain on board, to tranship, to store, to offer to sell, to sell or to land any part or whole carcass of oceanic whitetip sharks in that area.
6. When accidentally caught, the species referred to in paragraph 5 shall not be harmed. Specimens shall be promptly released by vessel operators, who shall also:
(a)
record the number of releases with indication of status (dead or alive);
(b)
report the information specified in paragraph (a) to the Member State of which they are nationals. Member States shall transmit this information to the Commission by 31 January 2013.
Section 6
SEAFO Convention Area
Article 28
Prohibition of fishing for deep water sharks
Directed fishing for the following deep water sharks in the SEAFO Convention Area shall be prohibited:
-
skates (Rajidae),
-
spiny dogfish (Squalus acanthias),
-
blurred smooth lanternshark (Etmopterus bigelowi),
-
shorttail lanternshark (Etmopterus brachyurus),
-
great lanternshark (Etmopterus princeps),
-
smooth lanternshark (Etmopterus pusillus),
-
ghost catshark (Apristurus manis),
-
velvet dogfish (Scymnodon squamulosus),
-
deep-sea sharks of super-order Selachimorpha.
Section 7
WCPFC Convention Area
Article 29
Fishing effort limitations for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore
Member States shall ensure that the total fishing effort for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), skipjack tuna (Katsuwonus pelamis) and south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area is limited to the fishing effort provided for in fisheries partnership agreements between the Union and coastal States in that region.
Article 30
Closed area for FAD fishing
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 30 September 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.
2. All purse- seine vessels fishing in the part of the WCPFC Convention Area referred to in paragraph 1 shall retain onboard and land or tranship all bigeye, yellowfin and skipjack tuna caught.
3. Paragraph 2 shall not apply in the following cases:
(a)
in the final set of a trip, if the vessel has insufficient well space left to accommodate all fish;
(b)
where the fish is unfit for human consumption for reasons other than size; or
(c)
when a serious malfunction of freezer equipment occurs.
Article 31
Limitations to the number of EU vessels authorised to fish swordfish
The maximum number of EU vessels authorised to fish for swordfish (Xiphias gladius) in areas south of 20° S of the WCPFC Convention Area shall be as indicated in Annex VII.
Section 8
Bering Sea
Article 32
Prohibition on fishing in the high seas of the Bering Sea
Fishing for pollock (Theragra chalcogramma) in the high seas of the Bering Sea shall be prohibited.
TITLE III
FISHING OPPORTUNITIES FOR THIRD-COUNTRY VESSELS IN EU WATERS
Article 33
TACs
Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in EU waters within the TACs set out in Annex I to this Regulation and subject to the conditions provided for in this Regulation and Chapter III of Regulation (EC) No 1006/2008.
Article 34
Fishing authorisations
1. The maximum number of fishing authorisations for third-country vessels fishing in EU waters is laid down in Annex VIII.
2. Fish from stocks for which TACs are fixed shall not be retained on board or landed unless the catches have been taken by third-country vessels having a quota and that quota is not exhausted.
Article 35
Prohibitions
1. It shall be prohibited for third-country vessels to fish for, to retain on board, to tranship or to land the following species:
(a)
basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in EU waters;
(b)
angel shark (Squatina squatina) in EU waters;
(c)
common skate (Dipturus batis) in EU waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;
(d)
undulate ray (Raja undulata) and white skate (Raja alba) in EU waters of ICES subareas VI, VII, VIII, IX and X;
(e)
porbeagle (Lamna nasus) in EU waters;
(f)
guitarfishes (Rhinobatidae) in EU waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;
(g)
giant manta ray (Manta birostris) in EU waters.
2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.
TITLE IV
FINAL PROVISIONS
Article 36
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 2013.
However, Article 8 shall apply from 1 February 2013.
The provisions on fishing opportunities set out in Articles 19, 20 and 21 and Annexes IE and V for the CCAMLR Convention Area shall apply from the dates specified therein.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 January 2013.