EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

Grounds and objectives

This proposal concerns fishing opportunities that are available to Union vessels in Union and non-Union waters and to third country vessels fishing in Union waters as a result of decisions agreed in multilateral or bilateral fora. In preparing for international negotiations, the Union forms a position based on scientific advice and its own policy objectives, which apply equally to internal decisions. The outcome of such negotiations implies the Union's consent to assume obligations vis-à-vis third parties. The Union has no substantive margin of discretion beyond the internal allocation among Member States when it comes to implementing such decisions in Union law. As for internal allocation, the principle of relative stability applies.

Scope

In recent years, the Council of the EU has taken an annual decision on fishing opportunities for the stocks in the Atlantic, the North Sea and those international fisheries in which Union vessels participate. This was the main fishing opportunities regulation in terms of regulated stocks, standing along the other regulations on fishing opportunities, namely the Baltic Sea, the Black Sea and the deep sea stocks (the latter every two years).

However, save a few exceptions, scientific advice on stocks on which the Union decides autonomously is already available by July. It is therefore possible to draw up a proposal for Union stocks only on which the Council could reach political agreement at its November session. In a move to streamline and facilitate fishing opportunities decisions, the Commission indicated in its Communication concerning a consultation on Fishing Opportunities[1] its intention to table two proposals out of the content previously contained in one.

Splitting the proposal will allow moving to a simpler and more structured approach where decisions are taken on the basis of the advice and as soon as possible after the advice is provided. Following the model of the Baltic fishing opportunities regulation, it will make the process for adoption more manageable and will provide operators with earlier certainty regarding their activities for the next year.

The present proposal is the second of the two, whose general purpose is to implement in Union law the fishing opportunities already negotiated and agreed elsewhere. It thus covers:

- Shared stocks, i.e. stocks that are jointly managed with Norway in the North Sea and the Skagerrak, or under the NEACF-related Coastal State Agreements.

- Stocks with traditional quota exchanges: stocks which, while not being jointly managed, are subject to annual exchanges of quotas between the Union and Norway and/or the Faroe Islands.

- Stocks with potential to be exchanged: stocks that are either relatively new (e.g. boarfish) or have potential interest for quota exchanges.

- By-catch species in the sole and plaice fisheries, even if not exchanged. This is for the sake of consistency with evolving towards multi-fisheries management.

- Fishing opportunities resulting from agreements reached in the framework of Regional Fisheries Management Organisations (RFMOs).

Most of the fishing opportunities contained in this proposal are marked as " pm " ( pro memoria ). This is due to the fact that either:

- the advice on some stocks will not be available by the time the proposal is scheduled for adoption; or

- certain catch limitations and other recommendations from the South Pacific Regional Fisheries Management Organisation (SPRFMO), the Commission on the Conservation of Antarctic Marine Living Resources (CCAMLR), the North East Atlantic Fishery Commission (NEAFC), the Western and Central Pacific Fisheries Convention (WCPFC) and the International Commission for the Conservation of Atlantic Tunas (ICCAT), are pending the annual meetings of these organisations in the period from October 2011 to February 2012; or

- for stocks in Greenland waters, as well as stocks jointly managed or exchanged with Norway and with the Faroe Islands, the figures are not available yet, pending the conclusion of consultations in November and December 2011 with those countries.

Consistency with other policies and objectives of the Union

The measures proposed are designed in accordance with the objectives and the rules of the Common Fisheries Policy (CFP) and are consistent with the Union's policy on sustainable development.

2. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

Consultation of interested parties

The Commission has followed the orientations outlined in its Communication to the Council and European Parliament on improving consultation on Community fisheries management (COM(2006)246 final), which sets out the principles for the so called front-loading process.

In the framework of the frontloading process, the Commission developed a consultation paper on the split. With this purpose, the Commission produced a non-paper to the Committee for Fisheries and Aquaculture on Splitting the main Fishing Opportunities Regulation in 2012. That document presented the criteria used in splitting the main fishing opportunities proposal into two, illustrating the contents that should be now assigned to the Union stocks proposal, those assigned to the international stocks proposal and the provisions that must be reproduced in both those texts.

This frontloading document was submitted to Member States and also transmitted to the Regional Advisory Councils (RACs) to provide them with an opportunity for feedback. Furthermore, the Commission organised an open seminar (with participation of Member States, Members of the European Parliament, fisheries experts, stakeholders, the press and the public) on 8 September, at which the outcomes of the scientific advice and its key implications were presented and discussed.

Collection and use of expertise

As for the methodology used, the Commission consulted two main organisations/experts: ICES, an international independent scientific body, and STECF. Advice from ICES is based on an advice framework developed within that organisation and used in accordance with requests from their clients, among which the Commission. The STECF gives its advice following terms of reference that it receives from the Commission.

All STECF reports are available, after formal adoption by the Commission, on the DG MARE website. All ICES reports are available on its website.

Impact assessment

This proposal essentially transposes internationally agreed measures. Any elements relevant to assess possible impacts of the fishing opportunities are dealt with in the preparation and conduct phase of international negotiations in the framework of which the Union's fishing opportunities are agreed with third parties.

3. LEGAL ELEMENTS OF THE PROPOSAL

1. Legal basis

The legal basis of this proposal is Article 43(3) of the Treaty on the Functioning of the European Union.

The Union's obligations for sustainable exploitation of living aquatic resources arise from obligations set out in Article 2 of Regulation (EC) No 2371/2002.

2. Summary of the proposed action

The proposal establishes the catch and effort limitations applicable to Union fisheries and to international fisheries where Union vessels participate, in order to achieve the objective of the CFP of ensuring fisheries at levels that are environmentally, economically and socially sustainable.

3. Application

The provisions in the area of the proposal are applicable until 31 December 2012, with the exception of certain provisions on effort limitations which are applicable until 31 January 2013.

4. Subsidiarity principle

The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) of the Treaty. The subsidiarity principle therefore does not apply.

5. Proportionality principle

The proposal complies with the proportionality principle for the following reason: the CFP is a common policy. According to Article 43(3) of the Treaty it is incumbent upon the Council to adopt the measures on the fixing and allocation of fishing opportunities.

The proposed Council Regulation allocates fishing opportunities to Member States. Having regard to Article 20(3) of Regulation 2371/2002 Member States are free to allocate in turn such opportunities among regions or operators as they see fit. Therefore, Member States have ample room for manoeuvre on decisions related to the social/economic model of their choice to exploit their allocated fishing opportunities.

The proposal has no new financial implications for Member States. This Regulation is adopted by Council every year, and the public and private means to implement it are already in place.

6. Choice of instruments

Proposed instrument: Regulation.

4. BUDGETARY IMPLICATION

The proposal has no implication for the Union budget.

5. ADDITIONAL INFORMATION

7. Simplification

The proposal provides for simplification of administrative procedures for public authorities (Union or national), in particular as regards requirements regarding the effort management.

8. Review/revision/sunset clause

The proposal concerns an annual Regulation for the year 2012 and therefore does not include a revision clause.

9. Detailed explanation of the proposal

The Lisbon Treaty establishes co-decision as the ordinary decision-making procedure for matters falling under the CFP. An exception is foreseen in Article 43(3) of the Treaty as regards measures "on the fixing and allocation of fishing opportunities". These measures are to be adopted by the Council, on a proposal from the Commission, without the involvement of the Parliament. This proposal is therefore limited to the fixing and allocation of fishing opportunities and conditions functionally linked to the use of those opportunities.

As regards catch limitations and effort management in general, the proposal is in accordance with the principles for the so-called frontloading process which are set out in the Communication from the Commission to the Council and European Parliament on improving consultation on Community fisheries management (COM(2006)246 final) and in the Communication from the Commission on the Consultation on Fishing Opportunities for 2012 (COM(2011)298 final), which sets out the views and intentions of the Commission concerning its proposals for fishing opportunities, pending the scientific advice on the state of the stocks for 2012.

As mentioned above, the proposal also includes catch limitations agreed in the context of certain Regional Fisheries Management Organisations.

In relation to effort management, for cod fisheries, a system based on kilowatt days has been applied since 2009 and will be continued in 2012.

As regards trials on fully documented fisheries, the provisions in force for 2011 are again proposed for 2012, i.e. an additional allocation of 12% for pilot projects on cod avoidance for. 3 cod stocks shared with Norway (North Sea, VIId and Skagerrak). It is necessary to evaluate carefully whether or not the outtake of fish caught under the pilot projects represents a reduction compared with landings plus discards before the trials. A full evaluation will not be available until the first quarter of 2012, as current trials will continue until the end of the year. The Commission will therefore seek STECF's advice on the basis of the reports submitted by Member States once the 2011 season ends. If the evaluation shows that the trials have not achieved a reduction of total outtake compared to the non-trial fisheries, the Commission reserves the right to promptly propose the necessary amendments to the measures adopted by the Council on fully documented fisheries.

2011/0317 (NLE)

Proposal for a

COUNCIL REGULATION

fixing for 2012 the fishing opportunities available in Union waters and, to Union vessels, in certain non-Union waters for certain 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,

Acting in accordance with a special legislative procedure,

Whereas:

10. According to Article 43(3) of the Treaty, the Council, on a proposal from the Commission, adopts measures on the fixing and allocation of fishing opportunities.

11. Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy[2] 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).

12. It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities by fishery or by group of fisheries, 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.

13. Council Regulation […] of […] fixed for 2012 the fishing opportunities available to Union vessels for certain fish stocks which are not subject to international negotiations or agreements. It is now appropriate to adopt a Regulation fixing for 2012 the fishing opportunities which implement international measures and agreements.

14. The TACs should be established on the basis of the available scientific advice, by taking into account the 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 with the Advisory Committee for Fisheries and Aquaculture and the Regional Advisory Councils concerned.

15. For stocks for which there is not sufficient or reliable data in order to provide size estimates, management measures and TAC levels should be established in accordance with the precautionary principle as defined in the Communication from the Commission on the Precautionary Principle[3], and with the approach outlined in the Communication from the Commission concerning a consultation on Fishing Opportunities[4], while taking into account stock-specific factors, including in particular available information on stock trends and mixed fisheries considerations.

16. For stocks subject to specific multiannual plans, the TAC 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 Kattegat, North Sea, Skagerrak and the eastern Channel, and of bluefin tuna in the eastern Atlantic and the Mediterranean 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;[5] Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks[6] 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[7].

17. In order to ensure uniform conditions for the implementation of catch limits for certain short-lived stocks, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers[8].

18. The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to short-lived stocks, imperative grounds of urgency so require.

19. Certain TACs allow Member States 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 to avoid discards and the waste of otherwise usable fish resources it entails; 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 must cover every operation at sea, rather than what is landed at port.

20. The conditions for Member States to grant such additional allocations must therefore include an obligation to ensure the use of close circuit television cameras (CCTVs) associated to a system of sensors; this will enable to record in detail 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.

21. Consequently, the use of CCTVs is a prerequisite for the achievement of discard reduction schemes such as fully documented fisheries, provided that 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[9] are complied with.

22. 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, the stocks that are subject to the various measures referred to therein should be identified[10].

23. It is necessary to establish the fishing effort ceilings for 2012 in accordance with Articles 11 and 12 of Regulation (EC) No 1342/2008, Article 9(2) of Council Regulation (EC) No 676/2007 and Articles 5 and 9 of Regulation (EC) No 302/2009, while taking into account Council Regulation (EC) No 754/2009 of 27 July 2009 excluding certain groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008[11].

24. It is necessary, following advice from the ICES, to maintain and revise a system to manage sandeel in Union waters of ICES divisions IIa and IIIa and ICES subarea IV.

25. 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 fishing prohibition for those species.

26. Norway lobster is caught in mixed demersal fisheries together with various other species. In a zone to the west of Ireland known as the Porcupine Bank there is an urgent conservation need to reduce catches of Norway lobster as much as possible. It is therefore appropriate to limit the fishing opportunities in that area only to the catching of pelagic species with which Norway lobster is not caught.

27. In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway[12], the Faroe Islands[13] and Greenland[14], the Union has held consultations on fishing rights with those partners and agreed the relevant fishing opportunities. [the outcome of such consultations to be specified when they conclude].

28. 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 2003Act 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 as from the date of accession of Poland to the European Union managed by the Union. Those fisheries organisations have recommended the introduction for 2012 of a number of measures, including fishing opportunities for Union vessels. Those fishing opportunities should be implemented in the law of the Union.

29. At its 33rd Annual Meeting in 2011, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a number of fishing opportunities for 2012 of certain stocks in Subareas 1-4 of the NAFO Convention Area. Those fishing opportunities, which consist of certain TACs and, in the case of shrimp in fishery Division 3M, an effort allocation scheme, should be implemented in the law of the Union.

30. At its 82nd Annual Meeting in 2011, 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. In order to contribute to the conservation of those fish stocks it is necessary to implement those measures in the law of the Union.

31. At its Annual Meeting in 2011, the International Commission for the Conservation of Atlantic Tunas, (ICCAT) [summary of measures adopted, to be completed after the annual meeting ends on 19/11/2011]. In order to contribute to the conservation of those fish stocks it is necessary to implement such measures in the law of the Union.

32. At its Annual Meeting in 2011, the Indian Ocean Tuna Commission (IOTC) did not modify its measures regarding fishing opportunities as currently implemented in the law of the Union.

33. During the Third International Meeting, held in May 2007, for the creation of a Regional Fisheries Management Organisation (RFMO) in the high seas of the South Pacific (SPRFMO), the participants adopted interim measures, including fishing opportunities, in order to regulate pelagic fishing activities as well as bottom fisheries in that area until the establishment of such RFMO. Those interim measures were revised at the 2nd Preparatory Conference for the SPRFMO Commission held in January 2011 and will be revised again at the 3rd Preparatory Conference for the SPRFMO Commission to be held between 30 January and 3 February 2012. Those interim measures are voluntary and not legally binding under international law. It is however appropriate, in accordance with the co-operation and conservation obligations enshrined in the International Law of the Sea, to implement those measures in Union law by establishing an overall quota for the Union and an allocation among the Member States concerned.

34. At its Annual Meeting in 2011, the South East Atlantic Fisheries Organisation (SEAFO) did not modify the total allowable catches for Patagonian toothfish, orange roughy, alfonsinos and deep-sea red crab agreed for 2011 and 2012 at its Annual Meeting in 2010. It is necessary to implement these measures in the law of the Union.

35. 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.

36. 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 CCAMLR fishing season runs from 1 December of one year to 30 November of the following year, and thus certain fishing opportunities or prohibitions in the CCAMLR Convention Area are laid down for a period of time starting from 1 December 2011, 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 Convention Area without authorisation.

37. The use of fishing opportunities available to Union vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, [15] and in particular to Articles 33 and 34 thereof 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.

38. In order to avoid the interruption of fishing activities and to ensure the livelihood of the fishermen in the Union, this Regulation should apply from 1 January 2012, except for the provisions concerning fishing effort limits, which should apply from 1 February 2012, and specific provisions in particular regions, which should have a specific date of application as indicated in recital 27. For reasons of urgency, this Regulation should enter into force immediately after its publication.

39. 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

40. This Regulation fixes fishing opportunities available in Union waters and, to Union vessels, in certain non-Union waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements.

41. The fishing opportunities referred to in paragraph 1 include:

42. catch limits for the year 2012;

43. fishing effort limits for the period from 1 February 2012 to 31 January 2013;

44. fishing opportunities for the period from 1 December 2011 to 30 November 2012 for certain stocks in the Convention Area of the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR); and

45. fishing opportunities for the periods set out in Article 27 for certain stocks in the Convention Area of the Inter American Tropical Tuna Commission (IATTC).

Article 2 Scope

This Regulation shall apply to:

46. Union vessels; and

47. third-country vessels in Union waters.

Article 3Definitions

For the purpose of this Regulation the following definitions shall apply:

48. 'Union vessel' means a fishing vessel flying the flag of a Member State and registered in the Union;

49. 'third-country vessel' means a fishing vessel flying the flag of, and registered in, a third country;

50. 'Union waters' means waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent to the territories mentioned in Annex II to the Treaty;

51. 'total allowable catch' (TAC) means the quantity that can be taken and landed from each fish stock each year;

52. 'quota' means a proportion of the TAC allocated to the Union, a Member State or a third country;

53. 'international waters' means waters falling outside the sovereignty or jurisdiction of any State;

54. 'mesh size' means the mesh size of fishing nets as determined in accordance with Regulation (EC) No 517/2008[16];

Article 4 Fishing zones

For the purposes of this Regulation, the following zone definitions shall apply:

55. ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic[17];

56. 'Skagerrak' means the 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; and

57. 'Kattegat' means the 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;

58. CECAF (Committee for Eastern Central Atlantic Fisheries) zones are as defined in Annex I to Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic[18];

59. NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic[19];

(h) the SEAFO (South East Atlantic Fisheries Organisation) Convention Area is as defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean[20];

(i) the ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention Area is as defined in the International Convention for the Conservation of Atlantic Tunas[21];

(j) the CCAMLR (Convention on the Conservation of Antarctic Marine Living Resources) Convention Area is as defined in Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources [22];

(k) the IATTC (Inter American Tropical Tuna Commission) Convention Area is as 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[23];

(l) the IOTC (Indian Ocean Tuna Commission) Area is as defined in the Agreement for the establishment of the Indian Ocean Tuna Commission[24];

(m) 'SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area' means the high seas area south of 10o N, north of the CCAMLR Convention Area, east of the SIOFA Convention Area as defined in the Southern Indian Ocean Fisheries Agreement[25], and west of the areas of fisheries jurisdictions of South American States;

(n) the WCPFC (Western and Central Pacific Fisheries Commission) Convention Area is as defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean[26];

(o) 'high seas of the Bering Sea' means the 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 UNION VESSELS

CHAPTER I GENERAL PROVISIONS

Article 5 TACs and allocations

60. The TACs for Union vessels in Union waters or in certain non-Union waters and the allocation of such TACs among Member States, and the conditions functionally linked thereto, where appropriate, are set out in Annex I.

61. Union 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[27] and its implementing provisions.

62. The Commission shall fix quotas for capelin available to the Union in Greenland waters of ICES subareas V and XIV on the basis of the TAC and its allocation to the Union established by Greenland in accordance with the Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand, and the Protocol thereto.

63. In the light of scientific information collected during the first half of 2012, TACs set out in Annex I for the following stocks may be revised by the Commission by means of implementing acts adopted in accordance with the procedure referred to in Article 37(2) :

64. the stock of sandeel in Union waters of ICES divisions IIa and IIIa and ICES subarea IV in accordance with Annex IIB to this Regulation;

65. the stock of Norway pout and associated by-catches in ICES subarea IIIa and Union waters of ICES division IIa and ICES subarea IV; and

66. the stock of sprat in Union waters of ICES division IIa and ICES subarea IV..

67. On duly justified imperative grounds of urgency relating to the duty of the Union to discharge its international obligations, the Commission shall revise the TACs set out in Annex I for the stocks referred to in paragraph 3 by means of immediately applicable implementing acts in accordance with the procedure referred to in Article 37(3).Those acts shall remain in force for the period of validity of this Regulation, and in any case not later than 31 December 2012.

Article 6 Additional allocation for vessels participating in trials on fully documented fisheries

68. For certain stocks, Member States may grant an additional allocation to vessels participating in trials on fully documented fisheries. Those stocks are identified in Annex I. The additional allocations shall not exceed an overall limit set out in Annex I as a percentage of the quota allocated to the Member State concerned.

69. The additional allocations referred to in paragraph 1 may be granted only in accordance with the following conditions:

70. the vessels must use close circuit television cameras (CCTV) associated to a system of sensors to record all fishing and processing activities on board the vessels;

71. the amount of the additional allocation granted to a vessel must be no more than 75 % of the discards estimated for the vessel type to which it belongs, and in any case shall not represent more than a 30 % increase of the vessel's basic allocation; and

72. all catches of the stocks subject to the additional allocation by that vessel must be counted against the vessel's total allocation .

To the extent that the recordings obtained in accordance with point (a) involve the processing of personal data within the meaning 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,[28] the Directive shall apply to the processing of such data.

73. 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 2, 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 2012.

74. Prior to granting additional allocations, Member States shall submit to the Commission the following information:

75. the list of vessels participating in trials on fully documented fisheries,

76. the specifications of the remote electronic monitoring equipment installed on board those vessels;

77. the capacity, type and specification of gears used by the vessels participating in the trials;

78. the estimated discard rates of each vessel type participating in the trials; and

79. the amount of catches of the stock subject to the relevant TAC made in 2011by the vessels participating in the trials.

80. The Commission may request that the assessment of the estimated discards for vessels mentioned in paragraph (2)(b) be submitted to a scientific advisory body for review. In the absence of a confirming assessment, the Member State concerned shall not grant or, if already granted, withdraw the additional allocation to the vessels concerned.

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:

81. the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or

82. the catches consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.

Article 8 Fishing effort limits

From 1 February 2012 to 31 January 2013, the fishing effort measures laid down in Annex IIA shall apply for the management of certain cod, plaice and sole stocks in:

83. the Skagerrak,

84. that part of ICES division IIIa not covered by the Skagerrak and the Kattegat,

85. ICES subarea IV,

86. Union waters of ICES division IIa, and

87. ICES division VIId.

Article 9 Catch and effort limits for deep-sea fisheries

88. Article 3 of Regulation (EC) No 2347/2002[29] 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.

89. Member States shall ensure that for 2012 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits referred to in Article 3 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

90. The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:

91. exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2009;

92. reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009 or pursuant to Article 10(4) of Regulation (EC) No 1006/2008;

93. additional landings allowed under Article 3 of Regulation (EC) No 847/96;

94. quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;

95. deductions made pursuant to Articles 37, 105, 106 and 107 of Regulation (EC) No 1224/2009.

96. 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

97. It shall be prohibited to fish or retain onboard any of the following species in the Porcupine Bank during the period from 1 May to 31 July 2012: tusk, blue ling and ling.

98. For the purposes of this Article, the Porcupine Bank shall comprise the 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 |

99. By way of derogation from paragraph 1, transit through the Porcupine Bank, carrying onboard 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 Prohibited species

100. It shall be prohibited for Union vessels to fish for, to retain on board, to tranship or to land the following species:

101. basking shark ( Cetorhinus maximus ) and white shark ( Carcharodon carcharias ) in Union and non Union waters; and

102. porbeagle ( Lamna nasus ) in all waters, except where it is provided otherwise in Annex I, Part B of Regulation No […] of […].

103. angel shark ( Squatina squatina ) in Union waters;

104. common skate ( Dipturus batis ) in Union waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;

105. undulate ray ( Raja undulata ) and white skate ( Rostroraja alba ) in Union waters of ICES subareas VI, VII, VIII, IX and X;

106. guitarfishes ( Rhinobatidae ) in Union waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII.

107. When accidentally caught, species referred to in paragraph 1 shall not be harmed. They 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

108. The maximum number of fishing authorisations for Union vessels fishing in waters of a third country is set out in Annex III.

109. 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

SECTION 1 ICCAT CONVENTION AREA

Article 15 Fishing, farming and fattening capacity limitations for bluefin tuna

110. The number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna between 8kg/75 cm and 30kg/115 cm in the Eastern Atlantic shall be limited as set out in point 1 of Annex IV.

111. The number of Union coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8kg/75 cm and 30kg/115 cm in the Mediterranean shall be limited as set out in point 2 of Annex IV.

112. The number of Union vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8kg/75 cm and 30kg/115 cm shall be limited as set out in point 3 of Annex IV.

113. 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 5 of Annex IV.

114. 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.

115. 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 16 Additional conditions to the bluefin tuna quota allocated in Annex ID

In addition to the prohibition period provided for in Article 7(2) of Regulation (EC) No 302/2009, purse-seine fishing for bluefin tuna shall be prohibited in the eastern Atlantic and Mediterranean from 1 January to 15 May 2012 and from15 June to 31 December 2012.

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

116. Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks ( Alopias superciliosus ) in any fishery shall be prohibited.

117. It shall be prohibited to undertake a directed fishery for species of thresher sharks of the genus Alopias .

118. 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.

119. Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks ( Carcharhinus longimanus ) taken in any fishery shall be prohibited.

Section 2 CCAMLR CONVENTION AREA

ARTICLE 19 Prohibitions and catch limitations

120. 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.

121. 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

122. 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 and 58.4.2 outside areas of national jurisdiction during the 2012/2013 fishing season. 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 24 July 2012.

123. With regard to FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1 and 58.4.2 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.

124. 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 and 58.4.2 shall be prohibited in depths less than 550 m.

Article 21Krill fishery during the 2012/2013 fishing season

125. Only those Member States which are members of the CCAMLR Commission may fish for krill ( Euphausia superba ) in the CCAMLR Convention Area during the 2012/2013 fishing season. If such a Member State intends to fish for krill in the CCAMLR Convention Area, it shall notify the CCAMLR Secretariat and the Commission, in accordance with Article 5a of Regulation (EC) No 601/2004 and in any case no later than 1 June 2012:

126. of its intention to fish for krill, using the format laid down in Annex V, Part C;

127. of the net configuration form, using the format laid down in Annex V, Part D.

128. 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.

129. Member States intending to fish for krill in the CCAMLR Convention Area shall only notify authorised vessels flying their flag at the time of the notification.

130. Member States shall be entitled to authorise participation in a krill fishery by a vessel 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:

131. full details of the intended replacement vessel(s), including information provided for in Article 3 of Regulation (EC) No 601/2004;

132. a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references.

133. 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 AREA

Article 22 Limitation of fishing capacity of vessels fishing in the IOTC Area

134. The maximum number of Union vessels fishing for tropical tunas in the IOTC Area and the corresponding capacity in gross tonnage shall be as set out in point 1 of Annex VI.

135. The maximum number of Union vessels fishing for swordfish ( Xiphias gladius ) and albacore ( Thunnus alalunga ) in the IOTC Area and the corresponding capacity in gross tonnage shall be as set out in point 2 of Annex VI.

136. 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.

137. 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 illegal, unreported and unregulated fishing activities (IUU vessels) of any RFMO may be transferred.

138. 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

139. 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.

140. When accidentally caught, species referred to in paragraph 1 shall not be harmed. They shall be promptly released.

SECTION 4 SPRFMO 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 2012 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 25Pelagic fisheries – TACs

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

142. Member States shall notify the Commission on a monthly basis of the names and characteristics, including gross tonnage, of their vessels engaged in the fishery referred to in this Article.

143. 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 26Bottom 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

144. to the average level of catches or effort parameters over that period; and

145. to only those parts of the SPRFMO Convention Area where bottom fisheries has occurred in any previous fishing season.

SECTION 5 IATTC CONVENTION AREA

ARTICLE 27 PURSE-SEINE FISHERIES

146. The fishing by purse-seine vessels for yellowfin tuna ( Thunnus albacares ), bigeye tuna ( Thunnus obesus ) and skipjack tuna ( Katsuwonus pelamis ) shall be prohibited:

147. either from 29 July to 28 September 2012 or from 18 November 2012 to 18 January 2013 in the area defined by the following limits:

148. the Pacific coastlines of the Americas,

149. longitude 150º W,

150. latitude 40º N,

151. latitude 40º S; or

152. from 29 September to 29 October 2012 in the area defined by the following limits:

153. longitude 96º W,

154. longitude 110º W,

155. latitude 5º N,

156. latitude 3º S.

157. The Member States concerned shall notify the Commission of the selected period of closure referred to in paragraph 1 before 1 April 2012. All the purse-seine vessels of the Member States concerned shall stop purse-seine fishing in the areas defined in paragraph 1 during the period selected.

158. 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.

159. Paragraph 3 shall not apply in the following cases:

160. where the fish is considered unfit for human consumption for reasons other than size; or

161. during the final set of a trip when there may be insufficient well space remaining to accommodate all the tuna caught in that set.

162. It shall be prohibited to fish for, 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 ( Carcharhinus longimanus ) taken in the IATTC Convention Area.

163. When accidentally caught, the species referred to in paragraph 5 shall not be harmed. It shall be promptly released by vessel operators, who shall also:

164. record the number of releases with indication of status (dead or alive);

165. 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),

- and 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 the region.

Article 30 Closed area for FAD fishing

166. In the part of the WCPFC Convention Area located between 20º N and 20º S, fishing activities of purse-seine vessels making use of fish aggregating devices (FADs) shall be prohibited between 00:00 hours of 1 July 2012 and 24:00 hours of 30 Septmeber 2012. 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:

167. deploy or service a FAD or associated electronic device;

168. fish on schools in association with FADs.

169. 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.

170. Paragraph 2 shall not apply in the following cases:

171. in the final set of a trip, if the vessel has insufficient well space left to accommodate all fish;

172. where the fish is unfit for human consumption for reasons other than size; or

173. when a serious malfunction of freezer equipment occurs.

Article 31Closed areas for purse-seine fisheries

The fishing by purse-seine vessels for bigeye tuna and yellowfin tuna shall be prohitibed in the following high seas areas:

174. the international waters enclosed by the boundaries of the exclusive economic zones (EEZ) of Indonesia, Palau, Micronesia and Papua New Guinea;

175. the international waters enclosed by the boundaries of the EEZ of Micronesia, Marshall Islands, Nauru, Kiribati, Tuvalu, Fiji, Solomon Islands and Papua New Guinea.

Article 32Limitations to the number of Union vessels authorised to fish swordfish

The maximum number of Union vessels authorised to fish for swordfish ( Xiphias gladius ) in areas south of 20ºS of the WCPFC Convention Area shall be as indicated in Annex VII.

Section 8 BERING SEA

ARTICLE 33 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 UNION WATERS

ARTICLE 34 TACS

Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in Union waters within the TACs set out in Annex I to this Regulation and subject to the conditions provided for in this Title and Chapter III of Regulation (EC) No 1006/2008.

Article 35Fishing authorisations

176. The maximum number of fishing authorisations for third-country vessels fishing in Union waters is laid down in Annex VIII.

177. 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 36Prohibited species

178. It shall be prohibited for third-country vessels to fish for, to retain on board, to tranship or to land the following Species:

179. basking shark ( Cetorhinus maximus ) and white shark ( Carcharodon carcharias ) in all Union waters;

180. angel shark ( Squatina squatina ) in all Union waters;

181. common skate ( Dipturus batis ) in Union waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;

182. undulate ray ( Raja undulata ) and white skate ( Rostroraja alba ) in Union waters of ICES subareas VI, VII, VIII, IX and X;

183. porbeagle ( Lamna nasus ) in all EU waters; and

184. guitarfishes ( Rhinobatidae ) in Union waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII.

185. When accidentally caught, species referred to in paragraph 1 shall not be harmed. They shall be promptly released.

TITLE IV

FINAL PROVISIONS

Article 37 Committee procedure

1 The Commission shall be assisted by the Committee for fisheries and aquaculture established by Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so requests.

3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

Article 38 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 2012.

The fishing opportunities or prohibitions for the CCAMLR Convention Area set out in Articles 19, 20 and 21 and Annexes IE and V shall apply with effect from the beginning of the respective periods of application specified for those fishing opportunities or prohibitions.

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

Done at Brussels,

For the Council

The President

LIST OF ANNEXES

- ANNEX I: TACs applicable to Union vessels in areas where TACs exist by species and by area (in tonnes live weight, except where otherwise specified)

- ANNEX IA: Skagerrak, Kattegat, ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, Union waters of CECAF

- ANNEX IB: North East Atlantic and Greenland, ICES subareas I, II, V, XII and XIV and Greenland waters of NAFO 0 and 1

- ANNEX IC: North West Atlantic - NAFO Convention Area

- ANNEX ID: Highly migratory fish – all areas

- ANNEX IE: Antarctic – CCAMLR Convention Area

- ANNEX IF: South-East Atlantic Ocean – SEAFO Convention Area

- ANNEX IG: Southern bluefin tuna – all areas

- ANNEX IH: WCPFC Convention Area

- ANNEX IJ: SPRFMO Convention Area

- ANNEX IIA: Fishing effort for vessels in the context of the management of certain cod, plaice and sole stocks in the Skagerrak, that part of ICES division IIIa not covered by the Skagerrak and the Kattegat, ICES subarea IV, Union waters of ICES division IIa and ICES division VIId

- ANNEX IIB: Fishing opportunities for vessels fishing for sandeel in ICES divisions IIa, IIIa and ICES subarea IV

- ANNEX III: Maximum number of fishing authorisations for Union vessels in third-country waters

- ANNEX IV: ICCAT Convention Area

- ANNEX V: CCAMLR Convention Area

- ANNEX VI: IOTC Area

- ANNEX VII: WCPFC Convention Area

- ANNEX VIII: Quantitative limitations of fishing authorisations for third country vessels fishing in Union waters

ANNEX I

TACS APPLICABLE TO UNION VESSELS IN AREAS WHERE TACs EXISTBY SPECIES AND BY AREAIN TONNES LIVE WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED

The tables in Annexes IA, IB, IC, ID, IE, IF, IG, IH and IJ set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, and conditions functionally linked thereto, where appropriate.

All fishing opportunities set out in this Annex shall be subject to the rules set out in Regulation (EC) No 1224/2009, and in particular Articles 33 and 34 thereof. Within each area, fish stocks are referred to following the alphabetical order of the Latin names of the species. The following table of correspondences of Latin names and common names is given for the purposes of this Regulation:

Scientific name | Alpha-3 code | Common name |

Amblyraja radiata | RJR | Starry ray |

Ammodytes spp. | SAN | Sandeels |

Argentina silus | ARU | Greater silver smelt |

Beryx spp. | ALF | Alfonsinos |

Brosme brosme | USK | Tusk |

Caproidae | BOR | Boarfish |

Centrophorus squamosus | GUQ | Leafscale gulper shark |

Centroscymnus coelolepis | CYO | Portuguese dogfish |

Chaceon maritae | CGE | Deep sea red crab |

Champsocephalus gunnari | ANI | Antarctic icefish |

Chionoecetes spp. | PCR | Snow crab |

Clupea harengus | HER | Herring |

Coryphaenoides rupestris | RNG | Roundnose grenadier |

Dalatias licha | SCK | Kitefin shark |

Deania calcea | DCA | Birdbeak dogfish |

Dipturus batis | RJB | Common skate |

Dissostichus eleginoides | TOP | Patagonian toothfish |

Dissostichus mawsoni | TOA | Antarctic toothfish |

Engraulis encrasicolus | ANE | Anchovy |

Etmopterus princeps | ETR | Great lanternshark |

Etmopterus pusillus | ETP | Smooth lanternshark |

Euphausia superba | KRI | Krill |

Gadus morhua | COD | Cod |

Galeorhinus galeus | GAG | Tope shark |

Glyptocephalus cynoglossus | WIT | Witch flounder |

Hippoglossoides platessoides | PLA | American plaice |

Hippoglossus hippoglossus | HAL | Atlantic halibut |

Hoplostethus atlanticus | ORY | Orange roughy |

Illex illecebrosus | SQI | Shortfin squid |

Lamna nasus | POR | Porbeagle |

Lepidonotothen squamifrons | NOS | Grey rockcod |

Lepidorhombus spp. | LEZ | Megrims |

Leucoraja circularis | RJI | Sandy ray |

Leucoraja fullonica | RJF | Shagreen ray |

Leucoraja naevus | RJN | Cuckoo ray |

Limanda ferruginea | YEL | Yellowtail flounder |

Limanda limanda | DAB | Dab |

Lophiidae | ANF | Anglerfish |

Macrourus spp. | GRV | Grenadiers |

Makaira nigricans | BUM | Blue marlin |

Mallotus villosus | CAP | Capelin |

Martialia hyadesi | SQS | Squid |

Melanogrammus aeglefinus | HAD | Haddock |

Merlangius merlangus | WHG | Whiting |

Merluccius merluccius | HKE | Hake |

Micromesistius poutassou | WHB | Blue whiting |

Microstomus kitt | LEM | Lemon sole |

Molva dypterygia | BLI | Blue ling |

Molva molva | LIN | Ling |

Nephrops norvegicus | NEP | Norway lobster |

Pandalus borealis | PRA | Northern prawn |

Paralomis spp. | PAI | Crabs |

Penaeus spp. | PEN | "Penaeus" shrimps |

Platichthys flesus | FLE | Flounder |

Pleuronectes platessa | PLE | Plaice |

Pleuronectiformes | FLX | Flatfish |

Pollachius pollachius | POL | Pollack |

Pollachius virens | POK | Saithe |

Psetta maxima | TUR | Turbot |

Raja brachyura | RJH | Blonde ray |

Raja clavata | RJC | Thornback ray |

Raja (Dipturus) nidarosiensis | JAD | Norwegian skate |

Raja microocellata | RJE | Small-eyed ray |

Raja montagui | RJM | Spotted ray |

Raja undulata | RJU | Undulate ray |

Rajiformes | SRX | Skates and rays |

Reinhardtius hippoglossoides | GHL | Greenland halibut |

Rostroraja alba | RJA | White skate |

Scomber scombrus | MAC | Mackerel |

Scophthalmus rhombus | BLL | Brill |

Sebastes spp. | RED | Redfish |

Solea solea | SOL | Common sole |

Solea spp. | SOX | Sole |

Sprattus sprattus | SPR | Sprat |

Squalus acanthias | DGS | Spurdog/dogfish |

Tetrapturus albidus | WHM | White marlin |

Thunnus maccoyii | SBF | Southern bluefin tuna |

Thunnus obesus | BET | Bigeye tuna |

Thunnus thynnus | BFT | Bluefin tuna |

Trachurus spp. | JAX | Horse mackerel |

Trisopterus esmarkii | NOP | Norway pout |

Urophycis tenuis | HKW | White hake |

Xiphias gladius | SWO | Swordfish |

The following table of correspondences of common names and Latin names is given exclusively for explanatory purposes:

Alfonsinos | ALF | Beryx spp. |

American plaice | PLA | Hippoglossoides platessoides |

Anchovy | ANE | Engraulis encrasicolus |

Anglerfish | ANF | Lophiidae |

Antarctic icefish | ANI | Champsocephalus gunnari |

Antarctic toothfish | TOA | Dissostichus mawsoni |

Atlantic halibut | HAL | Hippoglossus hippoglossus |

Bigeye tuna | BET | Thunnus obesus |

Birdbeak dogfish | DCA | Deania calcea |

Blonde ray | RJH | Raja brachyura |

Blue ling | BLI | Molva dypterygia |

Blue marlin | BUM | Makaira nigricans |

Blue whiting | WHB | Micromesistius poutassou |

Bluefin tuna | BFT | Thunnus thynnus |

Boarfish | BOR | Caproidae |

Brill | BLL | Scophthalmus rhombus |

Capelin | CAP | Mallotus villosus |

Cod | COD | Gadus morhua |

Common skate | RJB | Dipturus batis |

Common sole | SOL | Solea solea |

Crabs | PAI | Paralomis spp. |

Cuckoo ray | RJN | Leucoraja naevus |

Dab | DAB | Limanda limanda |

Deep sea red crab | CGE | Chaceon maritae |

Flatfish | FLX | Pleuronectiformes |

Flounder | FLE | Platichthys flesus |

Great lanternshark | ETR | Etmopterus princeps |

Greater silver smelt | ARU | Argentina silus |

Greenland halibut | GHL | Reinhardtius hippoglossoides |

Grenadiers | GRV | Macrourus spp. |

Grey rockcod | NOS | Lepidonotothen squamifrons |

Haddock | HAD | Melanogrammus aeglefinus |

Hake | HKE | Merluccius merluccius |

Herring | HER | Clupea harengus |

Horse mackerel | JAX | Trachurus spp. |

Kitefin shark | SCK | Dalatias licha |

Krill | KRI | Euphausia superba |

Leafscale gulper shark | GUQ | Centrophorus squamosus |

Lemon sole | LEM | Microstomus kitt |

Ling | LIN | Molva molva |

Mackerel | MAC | Scomber scombrus |

Megrims | LEZ | Lepidorhombus spp. |

Northern prawn | PRA | Pandalus borealis |

Norway lobster | NEP | Nephrops norvegicus |

Norway pout | NOP | Trisopterus esmarkii |

Norwegian skate | JAD | Raja (Dipturus) nidarosiensis |

Orange roughy | ORY | Hoplostethus atlanticus |

Patagonian toothfish | TOP | Dissostichus eleginoides |

"Penaeus" shrimps | PEN | Penaeus spp. |

Plaice | PLE | Pleuronectes platessa |

Pollack | POL | Pollachius pollachius |

Porbeagle | POR | Lamna nasus |

Portuguese dogfish | CYO | Centroscymnus coelolepis |

Redfish | RED | Sebastes spp. |

Roundnose grenadier | RNG | Coryphaenoides rupestris |

Saithe | POK | Pollachius virens |

Sandeels | SAN | Ammodytes spp. |

Sandy ray | RJI | Leucoraja circularis |

Shagreen ray | RJF | Leucoraja fullonica |

Shortfin squid | SQI | Illex illecebrosus |

Skates and rays | SRX | Rajiformes |

Small-eyed ray | RJE | Raja microocellata |

Smooth lanternshark | ETP | Etmopterus pusillus |

Snow crab | PCR | Chionoecetes spp. |

Sole | SOX | Solea spp. |

Southern bluefin tuna | SBF | Thunnus maccoyii |

Spotted ray | RJM | Raja montagui |

Sprat | SPR | Sprattus sprattus |

Spurdog/dogfish | DGS | Squalus acanthias |

Squid | SQS | Martialia hyadesi |

Starry ray | RJR | Amblyraja radiata |

Swordfish | SWO | Xiphias gladius |

Thornback ray | RJC | Raja clavata |

Tope shark | GAG | Galeorhinus galeus |

Turbot | TUR | Psetta maxima |

Tusk | USK | Brosme brosme |

Undulate ray | RJU | Raja undulata |

White hake | HKW | Urophycis tenuis |

White marlin | WHM | Tetrapturus albidus |

White skate | RJA | Rostroraja alba |

Whiting | WHG | Merlangius merlangus |

Witch flounder | WIT | Glyptocephalus cynoglossus |

Yellowtail flounder | YEL | Limanda ferruginea |

ANNEX IA SKAGERRAK, KATTEGAT, ICES SUBAREAS I, II, III, IV, V, VI, VII, VIII, IX, X, XIIAND XIV, UNION WATERS OF CECAF

Species: | Sandeel Ammodytes spp. | Zone: | Norwegian waters of IV (SAN/04-N.) |

Denmark | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

United Kingdom | pm |

Union | pm |

pm |

TAC | Not relevant |

Species: | Sandeel and associated by-catches Ammodytes spp. | Zone: | Union waters of IIa, IIIa and IV(1) (SAN/2A3A4.) |

Denmark | pm | Analytical TAC |

United Kingdom | pm |

Germany | pm |

Sweden | pm |

Union | pm | (2) |

Norway | pm |

TAC | pm |

(1) Excluding waters within six nautical miles of UK baselines at Shetland, Fair Isle and Foula. (2) At least 98 % of landings counted against the TAC must be of sandeel. By-catches of dab, mackerel and whiting to be counted against the remaining 2 % of the TAC. |

Special condition: |

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following sandeel management areas, as defined in Annex IIB: Zone: Union waters of sandeel management areas (1) |

1 | 2 | 3 | 4 | 5 | 6 | 7 |

(SAN/*234_1) | (SAN/*234_2) | (SAN/*234_3) | (SAN/*234_4) | (SAN/*234_5) | (SAN/*234_6) | (SAN/*234_7) |

Denmark |

United Kingdom |

Germany |

Sweden |

Union |

Norway |

Total |

(1) To be established. |

Species: | Tusk Brosme brosme | Zone: | Union and international waters of I, II and XIV (USK/1214EI) |

Germany | pm | (1) | Analytical TAC |

France | pm | (1) |

United Kingdom | pm | (1) |

Others | pm | (1) |

Union | pm | (1) |

TAC | pm |

(1) Exclusively for by-catches. No directed fisheries are permitted under this quota. |

Species: | Tusk Brosme brosme | Zone: | Union waters of IV (USK/04-C.) |

Denmark | pm | Analytical TAC |

Germany | pm |

France | pm |

Sweden | pm |

United Kingdom | pm |

Others | pm | (1) |

Union | pm |

TAC | pm |

(1) Exclusively for by-catches. No directed fisheries are permitted under this quota. |

Species: | Tusk Brosme brosme | Zone: | Union and international waters of V, VI and VII (USK/567EI.) |

Germany | pm | Analytical TAC Article 11 of this Regulation applies. |

Spain | pm |

France | pm |

Ireland | pm |

United Kingdom | pm |

Others | pm | (1) |

Union | pm |

Norway | pm | (2) (3)(4) |

TAC | pm |

(1) Exclusively for by-catches. No directed fisheries are permitted under this quota. (2) To be fished in Union waters of IIa, IV, Vb, VI and VII. (3) Special condition: of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in Vb, VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in Vb, VI and VII shall not exceed pm tonnes. (4) Including ling. The quotas for Norway are ling pm tonnes, and tusk pm tonnes and are interchangeable of up to pm tonnes and may only be fished with long-lines in Vb, VI and VII. |

Species: | Tusk Brosme brosme | Zone: | Norwegian waters of IV (USK/04-N.) |

Belgium | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Denmark | pm |

Germany | pm |

France | pm |

The Netherlands | pm |

United Kingdom | pm |

Union | pm |

TAC | Not relevant |

Species: | Herring (1) Clupea harengus | Zone: | IIIa (HER/03A.) |

Denmark | pm | (2) | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Germany | pm | (2) |

Sweden | pm | (2) |

Union | pm | (2) |

TAC | pm |

(1) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. (2) Special condition: up to 50 % of this amount may be fished in Union waters of IV (*04-C.). |

Species: | Herring (1) Clupea harengus | Zone: | Union and Norwegian waters of IV north of 53° 30' N (HER/4AB.) |

Denmark | pm | Analytical TAC. Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Germany | pm |

France | pm |

The Netherlands | pm |

Sweden | pm |

United Kingdom | pm |

Union | pm |

Norway | pm | (2) |

TAC | pm |

(1) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. Member States must inform the Commission of their landings of herring distinguishing between IVa and IVb. (2) Up to pm tonnes of which may be taken in Union waters of IVa and IVb. Catches taken within this quota are to be deducted from Norway's share of the TAC. |

Special condition: |

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone: |

Norwegian waters south of 62°N (HER/*04N-) |

Union | pm |

Species: | Herring(1) Clupea harengus | Zone: | Norwegian waters south of 62° N (HER/04-N.) |

Sweden | pm | (1) | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Union | pm |

TAC | pm |

(1) By-catches of cod, haddock, pollack and whiting and saithe are to be counted against the quota for these species. |

Species: | Herring(1) Clupea harengus | Zone: | By-catches in IIIa (HER/03A-BC) |

Denmark | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Germany | pm |

Sweden | pm |

Union | pm |

TAC | pm |

(1) Landings of herring taken in fisheries using nets with mesh sizes smaller than 32 mm. |

Species: | Herring(1) Clupea harengus | Zone: | By-catches in IV, VIId and in Union waters of IIa (HER/2A47DX) |

Belgium | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Denmark | pm |

Germany | pm |

France | pm |

The Netherlands | pm |

Sweden | pm |

United Kingdom | pm |

Union | pm |

TAC | pm |

(1) Landings of herring taken in fisheries using nets with mesh sizes smaller than 32 mm. |

Species: | Herring(1) Clupea harengus | Zone: | IVc, VIId(2) (HER/4CXB7D) |

Belgium | pm | (3) | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Denmark | pm | (3) |

Germany | pm | (3) |

France | pm | (3) |

The Netherlands | pm | (3) |

United Kingdom | pm | (3) |

Union | pm |

TAC | pm |

(1) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. (2) Except Blackwater stock: reference is to the herring stock in the maritime region of the Thames estuary within a zone delimited by a rhumb line running due south from Landguard Point (51° 56' N, 1° 19,1' E) to latitude 51° 33' N and hence due west to a point on the coast of the United Kingdom. (3) Special condition: up to 50 % of this quota may be taken in IVb. However, the use of this special condition must be notified in advance to the Commission (HER/*04B.). |

Species: | Herring Clupea harengus | Zone: | Union and international waters of Vb, VIb and VIaN (1) (HER/5B6ANB) |

Germany | pm | Analytical TAC |

France | pm |

Ireland | pm |

The Netherlands | pm |

United Kingdom | pm |

Union | pm |

TAC | pm |

(1) Reference is to the herring stock in VIa, north of 56° 00' N and in that part of VIa which is situated east of 07°00' W and north of 55° 00' N, excluding the Clyde. |

Species: | Cod Gadus morhua | Zone: | Skagerrak (COD/03AN.) |

Belgium | pm | (1) | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Denmark | pm | (1) |

Germany | pm | (1) |

The Netherlands | pm | (1) |

Sweden | pm | (1) |

Union | pm |

TAC | pm |

(1) In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit of an additional 12 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation. |

Species: | Cod Gadus morhua | Zone: | IV; Union waters of IIa; that part of IIIa not covered by the Skagerrak and Kattegat (COD/2A3AX4) |

Belgium | pm | (1) | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Denmark | pm | (1) |

Germany | pm | (1) |

France | pm | (1) |

The Netherlands | pm | (1) |

Sweden | pm | (1) |

United Kingdom | pm | (1) |

Union | pm |

Norway | pm | (2) |

TAC | pm |

(1) In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit of an additional 12 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation. (2) May be taken in Union waters. Catches taken within this quota are to be deducted from Norway's share of the TAC. |

Special condition: |

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone: |

Norwegian waters of IV (COD/*04N-) |

Union | pm |

Species: | Cod Gadus morhua | Zone: | Norwegian waters south of 62° N (COD/04-N.) |

Sweden | pm | (1) | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Union | pm |

TAC | Not relevant |

(1) By-catches of haddock, pollack and whiting and saithe are to be counted against the quota for these species. |

Species: | Cod Gadus morhua | Zone: | VIId (COD/07D.) |

Belgium | pm | (1) | Analytical TAC |

France | pm | (1) |

The Netherlands | pm | (1) |

United Kingdom | pm | (1) |

Union | pm |

TAC | pm |

(1) In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit of an additional 12 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation. |

Species: | Dab and flounder Limanda limanda and Platichthys flesus | Zone: | Union waters of IIa and IV (D/F/2AC4-C) |

Belgium | pm | Precautionary TAC |

Denmark | pm |

Germany | pm |

France | pm |

The Netherlands | pm |

Sweden | pm |

United Kingdom | pm |

Union | pm |

TAC | pm |

Species: | Anglerfish Lophiidae | Zone: | Union waters of IIa and IV (ANF/2AC4-C) |

Belgium | pm | (1) | Analytical TAC |

Denmark | pm | (1) |

Germany | pm | (1) |

France | pm | (1) |

The Netherlands | pm | (1) |

Sweden | pm | (1) |

United Kingdom | pm | (1) |

Union | pm | (1) |

TAC | pm |

(1) Special condition: of which up to 5 % may be fished in: VI; Union and international waters of Vb; international waters of XII and XIV (ANF/*56-14). |

Species: | Anglerfish Lophiidae | Zone: | Norwegian waters of IV (ANF/04-N.) |

Belgium | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Denmark | pm |

Germany | pm |

The Netherlands | pm |

United Kingdom | pm |

Union | pm |

TAC | Not relevant |

Species: | Haddock Melanogrammus aeglefinus | Zone: | IIIa, Union waters of Subdivisions 22-32 (HAD/3A/BCD) |

Belgium | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Denmark | pm |

Germany | pm |

The Netherlands | pm |

Sweden | pm |

Union | pm |

TAC | pm |

Species: | Haddock Melanogrammus aeglefinus | Zone: | IV; Union waters of IIa (HAD/2AC4.) |

Belgium | pm | Analytical TAC |

Denmark | pm |

Germany | pm |

France | pm |

The Netherlands | pm |

Sweden | pm |

United Kingdom | pm |

Union | pm |

Norway | pm |

TAC | pm |

Special condition: |

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone: |

Norwegian waters of IV (HAD/*04N-) |

Union | pm |

Species: | Haddock Melanogrammus aeglefinus | Zone: | Norwegian waters south of 62° N (HAD/04-N.) |

Sweden | pm | (1) | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Union | pm |

TAC | Not relevant |

(1) By-catches of cod, pollack and whiting and saithe are to be counted against the quota for these species. |

Species: | Haddock Melanogrammus aeglefinus | Zone: | Union and international waters VIb, XII and XIV (HAD/6B1214) |

Belgium | 7 | Analytical TAC |

Germany | 9 |

France | 364 |

Ireland | 260 |

United Kingdom | 2 660 |

Union | 3 300 |

TAC | 3 300 |

Species: | Whiting Merlangius merlangus | Zone: | IIIa (WHG/03A.) |

Denmark | pm | Precautionary TAC Article 4 of Regulation (EC) No 847/96 does not apply. |

The Netherlands | pm |

Sweden | pm |

Union | pm |

TAC | pm |

Species: | Whiting Merlangius merlangus | Zone: | IV; Union waters of IIa (WHG/2AC4.) |

Belgium | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Denmark | pm |

Germany | pm |

France | pm |

The Netherlands | pm |

Sweden | pm |

United Kingdom | pm |

Union | pm |

Norway | pm | (1) |

TAC | pm |

(1) May be taken in Union waters. Catches taken within this quota are to be deducted from Norway's share of the TAC. |

Special condition: |

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone: |

Norwegian waters of IV (WHG/*04N-) |

Union | pm |

Species: | Whiting and Pollack Merlangius merlangus and Pollachius pollachius | Zone: | Norwegian waters south of 62° N (W/P/04-N.) |

Sweden | pm | (1) | Precautionary TAC. Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Union | pm |

TAC | Not relevant |

(1) By-catches of cod, haddock and saithe are to be counted against the quota for these species. |

Species: | Blue whiting Micromesistius poutassou | Zone: | Norwegian waters of II and IV (WHB/24-N.) |

Denmark | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

United Kingdom | pm |

Union | pm |

TAC | pm |

Species: | Blue whiting Micromesistius poutassou | Zone: | Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV (WHB/1X14) |

Denmark | pm | (1) | Analytical TAC |

Germany | pm | (1) |

Spain | pm | (1) (2) |

France | pm | (1) |

Ireland | pm | (1) |

The Netherlands | pm | (1) |

Portugal | pm | (1) (2) |

Sweden | pm | (1) |

United Kingdom | pm | (1) |

Union | pm | (1) |

TAC | pm |

(1) Special condition: of which up to pm% may be fished in Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1). (2) Transfers of this quota may be effected to VIIIc, IX and X; Union waters of CECAF 34.1.1. However, such transfers must be notified in advance to the Commission. |

Species: | Blue whiting Micromesistius poutassou | Zone: | VIIIc, IX and X; Union waters of CECAF 34.1.1 (WHB/8C3411) |

Spain | pm | Analytical TAC |

Portugal | pm |

Union | pm | (1) |

TAC | pm |

(1) Special condition: of which up to 68% may be fished in Norwegian EEZ or in the fishery zone around Jan Mayen (WHB/*NZJM2). |

Species: | Blue whiting Micromesistius poutassou | Zone: | Union waters of II, IVa, V, VI north of 56° 30' N and VII west of 12° W (WHB/24A567) |

Norway | pm | (1) (2) | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

TAC | pm |

(1) To be counted against Norway's catch limits established under the Coastal States arrangement. (2) Special condition: the catch in IV shall be no more than pm tonnes, i.e. pm % of Norway's access level. |

Species: | Lemon sole and witch Microstomus kitt and Glyptocephalus cynoglossus | Zone: | Union waters of IIa and IV (L/W/2AC4-C) |

Belgium | pm | Precautionary TAC |

Denmark | pm |

Germany | pm |

France | pm |

The Netherlands | pm |

Sweden | pm |

United Kingdom | pm |

Union | pm |

TAC | pm |

Species: | Blue ling Molva dypterygia | Zone: | Union waters and international waters of Vb, VI, VII (BLI/5B67-)(3) |

Germany | pm | Analytical TAC Article 11 of this Regulation applies. |

Estonia | pm |

Spain | pm |

France | pm |

Ireland | pm |

Lithuania | pm |

Poland | pm |

United Kingdom | pm |

Others | pm | (1) |

Union | pm |

Norway | pm | (2) |

TAC | pm |

(1) Exclusively for by-catches. No directed fisheries are permitted under this quota. (2) To be fished in Union waters of IIa, IV, Vb, VI and VII. (3) Special rules apply in accordance with Article 1 of Regulation (EC) No 1288/2009[30] and point 7 of Annex III to Regulation (EC) No 43/2009[31]. |

Species: | Ling Molva molva | Zone: | Union and international waters of I and II (LIN/1/2.) |

Denmark | pm | Analytical TAC |

Germany | pm |

France | pm |

United Kingdom | pm |

Others | pm | (1) |

Union | pm |

TAC | pm |

(1) Exclusively for by-catches. No directed fisheries are permitted under this quota. |

Species: | Ling Molva molva | Zone: | Union waters of IV (LIN/04-C.) |

Belgium | pm | Analytical TAC |

Denmark | pm |

Germany | pm |

France | pm |

The Netherlands | pm |

Sweden | pm |

United Kingdom | pm |

Union | pm |

TAC | pm |

Species: | Ling Molva molva | Zone: | Union and international waters of V (LIN/05.) |

Belgium | pm | Precautionary TAC |

Denmark | pm |

Germany | pm |

France | pm |

United Kingdom | pm |

Union | pm |

TAC | pm |

Species: | Ling Molva molva | Zone: | Union and international waters of VI, VII, VIII, IX, X, XII and XIV (LIN/6X14.) |

Belgium | pm | Analytical TAC Article 11 of this Regulation applies. |

Denmark | pm |

Germany | pm |

Spain | pm |

France | pm |

Ireland | pm |

Portugal | pm |

United Kingdom | pm |

Union | pm |

Norway | pm | (1) (2) |

TAC | pm |

(1) Special condition: of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in Vb, VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in VI and VII shall not exceed pm tonnes. (2) Including tusk. The quotas for Norway are ling pm tonnes and tusk pm tonnes and are interchangeable of up to pm tonnes and may only be fished with long-lines in Vb, VI and VII. |

Species: | Ling Molva molva | Zone: | Norwegian waters of IV (LIN/04-N.) |

Belgium | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Denmark | pm |

Germany | pm |

France | pm |

The Netherlands | pm |

United Kingdom | pm |

Union | pm |

TAC | Not relevant |

Species: | Norway lobster Nephrops norvegicus | Zone: | IIIa; Union waters of Subdivisions 22-32 (NEP/3A/BCD) |

Denmark | pm | Analytical TAC |

Germany | pm |

Sweden | pm |

Union | pm |

TAC | pm |

Species: | Norway lobster Nephrops norvegicus | Zone: | Norwegian waters of IV (NEP/04-N.) |

Denmark | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Germany | pm |

United Kingdom | pm |

Union | pm |

TAC | Not relevant |

Species: | Northern prawn Pandalus borealis | Zone: | IIIa (PRA/03A.) |

Denmark | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Sweden | pm |

Union | pm |

TAC | pm |

Species: | Northern prawn Pandalus borealis | Zone: | Union waters of IIa and IV (PRA/2AC4-C) |

Denmark | pm | Analytical TAC |

The Netherlands | pm |

Sweden | pm |

United Kingdom | pm |

Union | pm |

TAC | pm |

Species: | Northern prawn Pandalus borealis | Zone: | Norwegian waters south of 62° N (PRA/04-N.) |

Denmark | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Sweden | pm | (1) |

Union | pm |

TAC | Not relevant |

(1) By-catches of cod, haddock, pollack, whiting and saithe are to be counted against the quotas for these species. |

Species: | Plaice Pleuronectes platessa | Zone: | Skagerrak (PLE/03AN.) |

Belgium | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Denmark | pm |

Germany | pm |

The Netherlands | pm |

Sweden | pm |

Union | pm |

TAC | pm |

Species: | Plaice Pleuronectes platessa | Zone: | Kattegat (PLE/03AS.) |

Denmark | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Germany | pm |

Sweden | pm |

Union | pm |

TAC | pm |

Species: | Plaice Pleuronectes platessa | Zone: | IV; Union waters of IIa; that part of IIIa not covered by the Skagerrak and the Kattegat (PLE/2A3AX4) |

Belgium | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Denmark | pm |

Germany | pm |

France | pm |

The Netherlands | pm |

United Kingdom | pm |

Union | pm |

Norway | pm |

TAC | pm |

(1(1) |

Special condition: |

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone: |

EC | Norwegian waters of IV (PLE/*04N-) |

Union | pm |

Species: | Saithe Pollachius virens | Zone: | IIIa and IV; Union waters of IIa, IIIb, IIIc, and Subdivisions 22-32 (POK/2A34.) |

Belgium | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. |

Denmark | pm |

Germany | pm |

France | pm |

The Netherlands | pm |

Sweden | pm |

United Kingdom | pm |

Union | pm |

Norway | pm | (1) |

TAC | pm |

(1) May only be taken in Union waters of IV and in IIIa. Catches taken within this quota are to be deducted from Norway's share of the TAC. |

Species: | Saithe Pollachius virens | Zone: | VI; Union and international waters of Vb, XII and XIV (POK/56-14) |

Germany | pm | Analytical TAC |

France | pm |

Ireland | pm |

United Kingdom | pm |

Union | pm |

TAC | pm |

Species: | Saithe Pollachius virens | Zone: | Norwegian waters south of 62° N (POK/04-N.) |

Sweden | pm | (1) | Analytical TAC |

Union | pm |

TAC | Not relevant |

(1) By-catches of cod, haddock, pollack and whiting are to be counted against the quota for these species. |

Species: | Turbot and brill Psetta maxima and Scopthalmus rhombus | Zone: | Union waters of IIa and IV (T/B/2AC4-C) |

Belgium | pm | Precautionary TAC |

Denmark | pm |

Germany | pm |

France | pm |

The Netherlands | pm |

Sweden | pm |

United Kingdom | pm |

Union | pm |

TAC | pm |

Species: | Greenland Halibut Reinhardtius hippoglossoides | Zone: | Union waters of IIa and IV; Union and international waters of Vb and VI (GHL/2A-C46) |

Denmark | pm | Analytical TAC |

Germany | pm |

Estonia | pm |

Spain | pm |

France | pm |

Ireland | pm |

Lithuania | pm |

Poland | pm |

United Kingdom | pm |

Union | pm |

TAC | pm | (1) |

(1) Of which pm tonnes are allocated to Norway and are to be taken in the Union waters of IIa and VI. In VI this quantity may only be fished with long-lines. |

Species: | Mackerel Scomber scombrus | Zone: | IIIa and IV; Union waters of IIa, IIIb, IIIc and IIId (MAC/2A34.) |

Belgium | pm | (3) | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. |

Denmark | pm | (3) |

Germany | pm | (3) |

France | pm | (3) |

The Netherlands | pm | (3) |

Sweden | pm | (1) (2) (3) |

United Kingdom | pm | (3) |

Union | pm | (1) (3) |

Norway | pm | (4) |

TAC | Not relevant |

(1) Special condition: including pm tonnes to be taken in Norwegian waters south of 62°N (MAC/*04N-). (2) When fishing in Norwegian waters, by-catches of cod, haddock, pollack and whiting and saithe are to be counted against the quotas for these species. (3) May also be taken in Norwegian waters of IVa. (4) To be deducted from Norway's share of the TAC (access quota). This amount includes the Norwegian share in the North Sea TAC of the amount of pm tonnes. This quota may be fished in IVa only, except for pmtonnes that may be fished in IIIa. |

Special condition: |

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

IIIa (MAC/*03A.) | IIIa and IVbc (MAC/*3A4BC) | IVb (MAC/*04B.) | IVc (MAC/*04C.) | VI, international waters of IIa, from 1 January to 31 March 2012 and in December 2012 (MAC/*2A6.) |

Denmark | pm | pm | pm | pm | pm |

France | pm | pm | pm | pm | pm |

The Netherlands | pm | pm | pm | pm | pm |

Sweden | pm | pm | pm | pm | pm |

United Kingdom | pm | pm | pm | pm | pm |

Norway | pm | pm | pm | pm | pm |

Species: | Mackerel Scomber scombrus | Zone: | VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV (MAC/2CX14-) |

Germany | pm | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. |

Spain | pm |

Estonia | pm |

France | pm |

Ireland | pm |

Latvia | pm |

Lithuania | pm |

The Netherlands | pm |

Poland | pm |

United Kingdom | pm |

Union | pm |

Norway | pm | (1) (2) |

TAC | Not relevant |

(1) May be fished in IIa, VIa north of 56° 30' N, IVa, VIId, VIIe, VIIf and VIIh. (2) An additional 33 804 tonnes of access quota may be fished by Norway North of 56° 30' N and counted against its catch limit. |

Special condition: |

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones and periods specified below. |

Union and Norwegian waters of IVa (MAC/*04A-EN) During the periods from 1 January to 15 February 2012 and from 1 September to 31 December 2012 | Norwegian waters of IIa (MAC/*2AN-) |

Germany | pm | pm |

France | pm | pm |

Ireland | pm | pm |

The Netherlands | pm | pm |

United Kingdom | pm | pm |

Union | pm | pm |

Species: | Mackerel Scomber scombrus | Zone: | VIIIc, IX and X; Union waters of CECAF 34.1.1 (MAC/8C3411) |

Spain | pm | (1) | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. |

France | pm | (1) |

Portugal | pm | (1) |

Union | pm |

TAC | Not relevant |

(1) Special condition: quantities subject to exchanges with other Member States may be taken in VIIIa, VIIIb and VIIId (MAC/*8ABD.). However, the quantities provided by Spain, Portugal or France for exchange purposes and to be taken in VIIIa, VIIIb and VIIId shall not exceed 25 % of the quotas of the donor Member State. |

Special condition: |

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone. |

VIIIb (MAC/*08B.) |

Spain | pm |

France | pm |

Portugal | pm |

Species: | Mackerel Scomber scombrus | Zone: | Norwegian waters of IIa and IVa (MAC/2A4A-N.) |

Denmark | pm | (1) | Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. |

Union | pm | (1) |

TAC | Not relevant |

(1) Catches taken in IVa (MAC/*4A.) and in IIa (MAC/*02A.) to be reported separately. |

Species: | Common sole Solea solea | Zone | Union waters of II and IV (SOL/24-C.) |

Belgium | pm | Analytical TAC |

Denmark | pm |

Germany | pm |

France | pm |

The Netherlands | pm |

United Kingdom | pm |

Union | pm |

Norway | pm | (1) |

TAC | pm |

(1) May be fished only in Union waters of IV. |

Species: | Sprat and associated by-catches Sprattus sprattus | Zone: | IIIa (SPR/03A.) |

Denmark | pm | Precautionary TAC |

Germany | pm |

Sweden | pm |

Union | pm | (1) |

TAC | pm |

(1) At least 95 % of landings counted against the TAC must be of sprat. By-catches of dab, whiting and haddock to be counted against the remaining 5 % of the TAC. |

Species: | Sprat and associated by-catches Sprattus sprattus | Zone: | Union waters of IIa and IV (SPR/2AC4-C) |

Belgium | pm | Precautionary TAC |

Denmark | pm |

Germany | pm |

France | pm |

The Netherlands | pm |

Sweden | pm | (1) |

United Kingdom | pm |

Union | pm | (4) |

Norway | pm | (2) |

TAC | pm | (3) |

(1) Including sandeel. (2) May only be fished in Union waters of IV. (3) Preliminary TAC. The final TAC will be established in the light of new scientific advice during the first half of 2012. (4) At least 98 % of landings counted against the TAC must be of sprat. By-catches of dab and whiting to be counted against the remaining 2 % of the TAC. |

Species: | Horse mackerel and associated by-catches Trachurus spp. | Zone: | Union waters of IVb, IVc and VIId (JAX/4BC7D) |

Belgium | pm | Precautionary TAC |

Denmark | pm |

Germany | pm | (1) |

Spain | pm |

France | pm | (1) |

Ireland | pm |

The Netherlands | pm | (1) |

Portugal | pm |

Sweden | pm |

United Kingdom | pm | (1) |

Union | pm | (3) |

Norway | pm | (2) |

TAC | pm |

(1) Special condition: up to 5 % of this quota fished in division VIId may be accounted for as fished under the quota concerning the zone: 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. However, the use of this special condition must be notified in advance to the Commission (JAX/*2A-14). (2) May only be fished in Union waters of IV. (3) At least 95 % of landings counted against the TAC must be of horse mackerel. By-catches of boarfish, haddock, whiting and mackerel are to be counted against the remaining 5 % of the TAC. |

Species: | Horse mackerel and associated by-catches Trachurus spp. | Zone: | 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 (JAX/2A-14) |

Denmark | pm | (1) | Analytical TAC |

Germany | pm | (1) (2) |

Spain | pm |

France | pm | (1) (2) |

Ireland | pm | (1) |

The Netherlands | pm | (1) (2) |

Portugal | pm |

Sweden | pm | (1) |

United Kingdom | pm | (1) (2) |

Union | pm | (3) |

TAC | pm |

(1) Special condition: up to 5 % of this quota fished in Union waters of divisions IIa or IVa before 30 June 2012 may be accounted for as fished under the quota concerning the zone of Union waters of IVb, IVc and VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*4BC7D). (2) Special condition: up to 5 % of this quota may be fished in division VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*07D.). (3) At least 95 % of landings counted against the TAC must be of horse mackerel. By-catches of boarfish, haddock, whiting and m