EN

Brussels, 10.11.2010

COM(2010) 658 final

2010/0324 (NLE)

Proposal for a

COUNCIL REGULATION

fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non EU waters

EXPLANATORY MEMORANDUM

1. Context of the proposal |

| Grounds for and objectives of the proposalEach year, the Council of Ministers is bound to take a decision on fishing opportunities for the stocks in the Atlantic, the North Sea and international fisheries in which EU vessels participate. This is the main fishing opportunities regulation by number of regulated stocks. Along with the regulations fixing the fishing opportunities for the Baltic Sea, the Black sea and the deep sea stocks (the latter every two years), these regulations limit the harvesting of the stocks to levels which must be consistent with the overall objectives of the Common Fisheries Policy. In this respect, Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy [1] sets out the objectives for the annual proposals for catch and fishing effort limitations to ensure that EU fisheries are ecologically, economically and socially sustainable.The fishing opportunities fixed in these regulations reflect the degree of success of the Policy as a whole. The array of instruments that the Union utilises in pursuit of the Policy's objectives should, all together, work to ensure that the resource base for the European fisheries is exploited at the right level and not beyond. That management is not only the result of limiting fishing opportunities. Fleet policy and control of fishing activities, to name just two other areas where the Policy actively develops regulatory measures, may be determinant in this respect. The key feature of the annual fishing opportunities exercise is in fact its short-term nature. This is due essentially to historical reasons, relating to the way in which the CFP provides for the sharing of the maritime space and the resources therein among national EU fleets. It is important to maintain an annually-renewed process for this EU-wide pact at the basis of the Policy. However, this does not stand in the way of the introduction of long-term management approaches. The Union has made good progress in this regard and key stocks of commercial interest are now subject to multi-annual management plans that yearly TACs and effort ceilings must comply with. The overall assessment is that multi-annual plans work, as most stocks so regulated do in general better than the others. It is only from a long-term perspective that, especially in times of scarcity, the regulator can expect to implement a meaningful policy and give itself a fair chance of achieving its objectives.In this context, the Commission has, for five years now, published a Communication that reviews the state of the situation to which the fishing opportunities proposals must respond. This year, the Communication from the Commission on the Consultation on Fishing Opportunities for 2011 (COM(2010)241 final), notes some good news, as the state of some stocks has improved. However, many fish stocks remain subject to an advice to reduce catches to zero or to the lowest possible level. Many stocks are outside safe biological limits. Despite conservation measures imposed under the CFP, too many stocks are in these vulnerable categories and far too few stocks have improved. The analysis confirms that we need reinforced conservation measures for overexploited fish stocks.For 2011, the advice from the International Council for the Exploration of the Sea (ICES) and the Scientific, Technical and Economic Committee for Fisheries (STECF) once more underlines the poor state of many fish resources in EU waters. But it notes improvements in certain important stocks, such as hake, sole and anglerfish. In response to the Commission's request, ICES is providing advice on a strategy to reach management consistent with Maximum Sustainable Yield (MSY) in 2015. This is something the Union committed to do when it subscribed to the conclusions of the 2002 World Summit on Sustainable Development in Johannesburg and its related Plan of Implementation. |

| General contextThe fixing and sharing of possibilities for fishing falls exclusively within the competence of the Union. The EU's obligations for sustainable exploitation of living aquatic resources arise from obligations set out in Article 2 of Regulation (EC) No 2371/2002.Fishing opportunities decided by the Union which regard straddling and highly migratory stocks must be in accordance with international agreements, inter alia the 1995 United Nations agreement concerning the conservation and management of straddling fish stocks and highly migratory fish stocks. This proposal implements into EU law the conservation measures agreed by the Union with its international counterparts in respect of such stocks, when these translate into fishing opportunities, be they catch or fishing effort limits.For stocks whose management is incumbent only upon the Union, the proposed fishing opportunities respond to the scientific advice received by the Commission as to the state of the stocks, on the basis of which, catch limits compliant with multi-annual management plans are determined. For stocks not covered by such plans, the proposed TACs respond to the scientific advice in the manner outlined in Communication COM(2010)241 final. The Communication indeed outlines a number of management responses deemed appropriate for each of the various scenarios that may emerge from the scientific advice, depending on the status of the stock (from "sustainably exploited" down to "depleted") or on the trends observed if precise assessment is not possible on the basis of available data. Stocks are assigned to categories. Rules to determine the catch/effort limits that should apply are then assigned to each of them.Scientific advice is essentially dependent on data. Only stocks for which there is sufficient and reliable data can be assessed, so that size estimates are produced, as well as forecast of how they will react to the various exploitation scenarios (this is referred to as "catch options tables"). Such situation exists only for a number of regulated stocks. For the remainder, management has to be based on observed trends derived from indicators such as reported catches, which may be more or less reliable. In certain cases, the lack of reliable data prevents scientists to advice even on trends. In all these cases, the Council should decide on fishing opportunities based on the Precautionary Approach, thus implementing conservative measures. This approach is sometimes difficult to follow, taking into account the various interests at stake. The Commission is nevertheless bound to make proposals in accordance with this principle. It is essential, in particular, to apply strictly the rule whereby there must be no increase in fishing pressure unless the scientific advice indicates that this is possible without detriment to the stock concerned. |

| Existing provisions in the area of the proposalThe existing provisions in the area of the proposal are applicable until 31 December 2010, with the exception of certain effort limitations which are applicable until 31 January 2011. |

| Consistency with other policies and objectives of the UnionThe measures proposed are designed in accordance with the objectives and the rules of the Common Fisheries Policy and are consistent with the Union's policy on sustainable development. |

2. Consultation of interested parties and impact assessment |

| Consultation of interested parties |

| Consultation methods, main sectors targeted and general profile of respondentsThe proposal takes into account consultations held with the Advisory Committee on Fisheries and Aquaculture ('ACFA' is composed of representatives from professional organisations representing the production sector, the processing industry and trade in fishery and aquaculture products as well as non-professional organisations representing the interests of consumers, the environment and development) and the Regional Advisory Councils (RACs) with an interest in the fisheries concerned by the proposal. These consultations have taken place on the basis of the Communication from the Commission 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 this framework, the Commission developed four consultation papers on specific topics relevant for this proposal, namely:Spatially-structured management of Nephrops in Zone VII;Separating TAC areas for Plaice in VIId and in VIIe;Effort Management in Zone VIIfg: An Ecosystem Approach;Management decisions addressing uncertainties in category 11 stocks.The first two documents discuss technical adjustments to the spatial implementation of catch limits and the calculations needed to align Member State quota shares accordingly. The third paper discusses the introduction of an effort capping as a response to general advice on Celtic Sea stocks to freeze or reduce fishing effort. The last paper discusses a possible approach to make decisions regarding stocks for which scientists are unable to issue advice for lack of appropriate data, and is being discussed with a view to the proposal for 2012. This is so because the implementation of the proposed approach would first need to be taken up within the scientific advice process in the first half of 2011. These frontloading documents were submitted to Member States and also transmitted to the RACs to provide them with an opportunity for feedback. The Commission organised a joint ACFA and RACs meeting on 14 October, preceded by an open seminar (with participation of Member States, Members of the European Parliament, fisheries experts, stakeholders, the press and the public) on 14 September, at which the outcomes of the scientific advice and its key implications were presented and discussed.The Consultation process was also based on the Communication from the Commission on the Consultation on Fishing Opportunities for 2011 (COM(2010)241 final), which set 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 2011. |

| Summary of responses and how they have been taken into accountWhereas the frontloading process is focused on technical aspects, the response to the Commission's consultation on fishing opportunities reflects the views of Member States and Stakeholders on the evaluation made by the Commission of the state of the resources and how to ensure the appropriate management response.In this respect, four Member States and 4 Regional advisory bodies have provided views in response to the Commission's Communication.The points made by each of the RACs that responded can be summarised as follows:South Western Waters RAC: Supports the MSY target and regrets the Commission did not start moving earlier towards this target. It should be implemented in a mixed fishery, ecosystem context. It regrets, however, that this approach will result in larger TAC reductions than otherwise for stocks in categories 2 and 3.Concerning the devolution of single-MS TAC decisions to MS, SWWRAC considers a mechanism for sector consultation should be constructed, not just a delegation to MS.Supports multi-annual plans, but these should include technical measures, capacity and effort limits etc. and developed in a regional framework.Stresses the problem of missing scientific information.Questions the effort data for the southern hake stock.Opposes moves to average catch levels under categories 6 and 9.North Western Waters RAC: Notes the legislative obligation of the EU to reach the MSY target. However, in light of scientific uncertainties and the lack of data, the Commission will have to make choices at the precautionary end of the range. The RAC fears, like the SWWRAC, that this will result in larger TAC reductions than in previous years for stocks in categories 2 and 3. The industry members of the RAC recognise that an assessment of the socio-economic effects on all fishers of the 2011 proposals made under the new principle for every stock is clearly impossible. They underline, nevertheless that such an assessment should be made before a highly significant change in policy direction is imposed.With regard to the Celtic Sea management, the NWWRAC is more favourable to a fishing capacity cap than an in effort cap.With regard to the management of plaice in subdivisions VII d and VII e, the RAC does not agree with the proposed TAC split for reasons relating to the mixing of the two stocks, and believes that the Member States involved in these fisheries are best placed to manage the TAC to achieve objectives of sustainability.The NWWRAC proposes that an integrated fisheries management plan be developed for the Norway lobster fisheries in VIIa, which should also address the conservation of whiting and sole, as they are essentially by-catches in these fisheries.Pelagic RACWould like the Commission to have presented a more positive picture concerning pelagic stocks.Supports the ICES MSY framework.Would have liked recognition that the TACs for pelagic species are being set according to scientific advice.Continues to argue for improved data.Would like to see a long-term plan for western Baltic herring.Regrets the delay in the adoption of the western horse mackerel multi-annual plan.Notes the need for a process to review estimates of fishing mortality rates consistent with MSY (Fmsy).Regrets the absence of social and economic analysis.North Sea RACPrefers a multispecies, ecosystem-based approach;Opposes 25% reductions for stocks in categories 2 and 10; these should be only 15%;Instead of moving to Fmsy in 4 equal steps by 2015, it would be better to retain some flexibility;Expresses concern at the large number of stocks in data-poor situation and promotes the use of fishermen's information;Claims that continued effort reductions are causing discards;Regrets the absence of social and economic analysis for in-year decisions;Would like any initiatives on devolving responsibilities to include stakeholders;Adds a clarification concerning the effort ceilings for deep-sea species, to indicate that the ceilings are set with reference to the track record of each Member State separately;Opposes reductions for "Category 11" stocks* * *Stakeholders insist on the principle whereby any changes in the annual TACs and Quotas must be gradual, in order to minimise short-term disruption to the economic activity. As is made clear in the detailed explanation of the proposal below, the principle of gradual adjustment and limitation of annual changes in fishery possibilities has been incorporated into the proposal wherever this has been possible without incurring deterioration in the state of vulnerable resources.Stakeholders also react to the objective of rebuilding stocks to Maximum Sustainable Yield in accordance with the commitment taken by the Union at the 2002 Johannesburg World Summit on Sustainable Development. They generally agree with the objective, but regret that the development of a gradual approach to reach it in 2015 may now be painful for the industry, as this only leaves 5 years to act. They expect the necessary adjustments may reduce their catch expectations for stocks in a reasonably fair state of conservation. Indeed, for such stocks, the MSY objective may require to moderate catches to maximise the benefits of their better status, compared with catch levels aimed simply at keeping the stock within safe biological limits. For stocks where there is sufficient technical basis to proceed ahead with this strategy, the approach followed has been that suggested by ICES, which indeed proposes a step-wise approach towards MSY but with additional safeguards applied to stocks that are at low levels. Following the RACs' views for stocks in relatively good shape would mean renouncing the Johannesburg objective, precisely for the resources for which this looks the most feasible.Stakeholders are quite in agreement regarding the need to devolve responsibility to the industry. All responses underline the need for better data and propose a more active role of the fishing industry in providing such data to scientists. Devolution of responsibility, however, entails assuming the consequences of failing to act. Such consequences become evident with the evolution of the state of the stocks. If it does not improve, fishing opportunities must remain low or even decrease further. |

| Collection and use of expertise |

| Scientific/expertise domains concernedFisheries biology and fisheries economics. |

| Methodology usedThe Commission consulted ICES, an international independent scientific body, and organised the plenary meeting of the STECF. Advice from ICES is based on an advice framework developed within ICES 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. |

| Main organisations/experts consulted- International Council for the Exploration of the Sea (ICES).- Scientific, Technical and Economic Committee for Fisheries (STECF). |

| Summary of advice received and usedFor the first time in 2010 ICES has provided three options in its advice, corresponding to :the implementation of the "Precautionary Approach" framework, provided for historical continuity;the immediate application of the ICES MSY framework;a gradual implementation of the ICES MSY framework, leading to full implementation in 2015 (as according to the Johannesburg World Summit).These options are provided in addition to the information needed to implement the rules outlined in Communication COM(2010)241 final, including the gradual transition from current fishing mortality rates to rates consistent with MSY (Fmsy) by 2015.By areas, the most important points stemming from the advice received can be summarised as follows:North Sea, Skagerrak and Kattegat (ICES areas IIa (EU waters), III, IV)Small increases possible for plaice.Small decreases needed for sole, herring, Nephrops, haddock, whiting, saithe.Fishing mortality for cod is increasing since 2007 and the stock is still under the limit biomass reference point, even with discard avoidance measures. Estimated catches are around three times the quota.Herring and haddock are still fished consistently with MSY. Gaelic Sea (Ices area VI)Demersal fisheries in this area have almost fished out the whitefish and now subsist on Nephrops, anglerfish and megrim.Anglerfish: New surveys show declines in abundance since 2007 and in biomass since 2009. This indicates a need to apply category 7 and a 15% TAC reduction. The whitefish are still problematic. Despite the (very contested) new technical measures west of Scotland, discarding of haddock was still 66% in number in 2009. Haddock is still well below Blim; Whiting are in a collapsed state; cod show a very small increase but are still well below Blim also. Advice on Nephrops is again restrictive and implies a 15% reduction.Poor knowledge base due to unreliable catch reports.Cod plan requires further 25% reductions in TAC and in effort.Irish Sea (Ices area VIIa)Situation unchanged since last year:Continued problems with catch reporting;No solution in sight to the problem of depletion of whiting or sole.The Cod plan requires at least a further 25% reduction in TAC and in effort.All fisheries are in a depleted state except for plaice and herring.There is a need to consider an in-depth review of fisheries in this area.Celtic Sea (ICES area VIIb to k)The poor state of the Norway lobster on the Porcupine Bank is confirmed, but there are encouraging signs about the effects of the seasonal closure implemented in 2010.Discarding rates of Norway lobster are estimated around 20 to 25%. The assessment and advice for VIIe sole are reinstated: the multi-annual plan is operational again.An increase in the anglerfish TAC is possible, however this advice does not take into account an increase already agreed last year by the Council.Bay of Biscay and Iberian Atlantic AreaAnchovy in Western Iberian waters shows signs of decrease.It is possible to increase the TAC for anglerfish.The implementation of the Southern hake plan has not been effective: fishing mortality has not decreased and TACs have been overshot.Small TAC decrease for megrims.Norway lobster: 10% decreases in VIIIc and IXa; unchanged in VIIIab.TAC decrease needed for sole in the Bay of Biscay.Deep-sea stocks (All areas)Some abundance indices show increasing trends for ling, tusk and blue ling, but the available information does not allow concluding on trends in the stock size. Scientists continue advising that primary management tool should be effort restrictions, and that measures need to be continued or extended that avoid depletion of local aggregations of certain species (orange roughy, blue ling). |

| STECF confirms, and has in some cases develops on, the advice provided by ICES. |

| Means used to make the expert advice publicly availableAll STECF reports are available, after formal adoption by the Commission on the DG MARE website. All ICES reports are available on its website. |

| Impact assessmentThe fishing opportunities regulation is no longer an instrument that allows the Council alone to adopt complex packages of measures, and must limit itself to the scope set by Article 43(3) TFEU. It is therefore well adapted to a management by results approach. If the policy, as a whole, works better, then the annual fishing opportunities will improve. This includes, notably, fleet management, structural support, control and enforcement, markets regulation and integration of management tools into a comprehensive maritime policy. It remains, however, necessary to use this instrument to make adjustments necessary to conserve the resource base for the European harvesting and processing industry, and prevent or correct negative impacts of a too high fishing mortality on the marine environment.The Union has adopted a number of multi-annual management plans for stocks of key economic importance, including hake, cod, flatfish and others. Before their adoption, such plans are subject to the requirement of an Impact Assessment. Once in force, they determine the TAC levels that must be fixed for the given year in order to attain their long-term objectives. The Commission is bound to make its proposal for TACs in accordance with these plans. As a result, many crucial TACs included in the proposal are the result of the specific Impact assessment carried out for the plan they are based upon. For the remainder, and despite the fact that multi-annual plans are not in force for the relevant stocks, the proposal seeks to avoid short-term approaches in favour of longer-term sustainability decisions. In many cases, this entails a more gradual reduction in fishing opportunities. Accordingly, reduced TACs in the short term will lead, as the overexploited stocks recover, to increased catching possibilities. The medium- to long-term consequences of the approach are predicted to be a reduced impact on the environment as a consequence of the decline in fishing effort, reductions in the catching sector in terms of number of vessels and/or in the average fishing effort per vessel, and unchanged or increased landings. |

3. Legal elements of the proposal |

| Summary of the proposed actionThe proposal establishes the catch and effort limitations applicable to EU fisheries and to international fisheries where EU vessels participate, in order to achieve the objective of the Common Fisheries Policy of ensuring fisheries at levels that are biologically, economically and socially sustainable. |

| Legal basisArticle 43(3) of the Treaty on the Functioning of the European Union. |

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

| Proportionality principleThe proposal complies with the proportionality principle for the following reason. |

| The Common Fisheries Policy is a common policy. According to Article 43(3) TFEU 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. |

| Choice of instruments |

| Proposed instruments: Regulation. |

| This is a proposal for fisheries management on the basis of Article 43(3) TFEU and in accordance with Article 20 of Council Regulation (EC) No 2371/2002. |

4. Budgetary implication |

| The proposal has no implication for the EU budget. |

5. Additional information |

| Simplification |

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

| Review/revision/sunset clause |

| The proposal concerns an annual Regulation for the year 2011 and therefore does not include a revision clause. |

| Detailed explanation of the proposalThe 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, the proposal is in accordance with the principles for the so-called front-loading 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 2011 (COM(2010)241 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 2011. In accordance with that Communication, for an increasing number of stocks, such as for example hake, sole, plaice and nephrops, the fishing opportunities have been established on the basis of the rules laid down in the relevant multi-annual plans. For those stocks for which new multi-annual plans have been proposed (the western stock of horse mackerel), as well as for those stocks for which the Council and Commission committed themselves by way of a statement adopted at the 2009 December Council (herring in the Celtic Sea and haddock in areas Vb and VIa), the proposal follows the rules laid down therein.The specific situation of the stocks of cod should be highlighted. In the Western Waters (Irish Sea, West of Scotland and Kattegat), these stocks are below 5% of their virgin biomass and have therefore collapsed. These stocks, together with the stock spanning the North Sea, the Skagerrak and the Eastern Channel, are subject to a multi-annual management plan (Regulation (EC) No 1342/2008 of 18 December 2008) which, in light of scientific advice, is not being implemented properly. The state of the stocks continues to deteriorate, rather than improve. Outtakes are estimated far higher than the regulated levels, pointing at lack of adequate control of the fisheries and lack of reliable data, including discards. For three stocks (Irish Sea, West of Scotland and Kattegat) this results, once again, in a "data poor situation" and no signs of a reversal of the trends that have led these stocks to their current collapsed state. For the North Sea cod, the situation must be discussed with Norway, as this is a shared stock. But for the stocks placed under the responsibility of the Union alone, Article 10(2) of the management plan stipulates that the Council shall apply stricter measures than those normally applicable if STECF advises that the stocks are failing to recover properly. There is sufficient information in the advice received to conclude that this provision may apply, and indeed ICES and STECF themselves note this expressly. It seems appropriate to phase out these fisheries, given the collapsed state of the stocks. The proposal thus provides by a 50% reduction of the TAC rather than the 25% reduction that would normally apply. Effort reductions by 25% would in any case apply. Subsequently, a zero TAC would be proposed for the 2012 fishing season. In parallel, the Commission will request Member States to take the necessary measures to control the implementation of these measures rigorously. The proposal is furthermore in line with the Communication from the Commission to the Council and the European Parliament on implementing sustainability in EU fisheries through maximum sustainable yield (COM(2006)360 final), in that the fishing opportunities proposed do not entail increases in fishing mortality for the relevant stocks. Such increases would be in conflict with the commitment of the EU and the Member States at the World Summit on Sustainable Development at Johannesburg to maintain or restore stocks to levels that can produce the maximum sustainable yield, with the aim of achieving these goals for depleted stocks on an urgent basis, and where possible not later than 2015.As regards the possibility introduced last year regarding additional cod catches of up to 5% of the quota for fully documented cod fisheries, they remain in this proposal but in square brackets, as these provisions are subject to agreement with Norway. Any such initiatives should, in all cases, be subject to ex-ante scientific evaluation, notably by STECF. On this basis, a catch quota incentive is foreseen in the proposal for the TAC of sole in zone VIIe.The proposal includes catch limitations agreed in the context of certain Regional Fisheries Management Organisations. Catch limitations and other recommendations from the South Pacific Regional Fisheries Management Organisation (SPRFMO), the Commission for the Conservation of Southern Bluefin Tuna (CCSBT), the Commission on the Conservation of Antarctic Marine Living Resources (CCAMLR), the North East Atlantic Fishery Commission (NEAFC), the South East Atlantic Fisheries Organisation (SEAFO), the Western and Central Pacific Fisheries Convention (WCPFC), the Indian Ocean Tuna Commission (IOTC) and the International Commission for the Conservation of Atlantic Tunas (ICCAT), are pending the annual meetings of these organisations in the period from October to December 2010. TACs for stocks in Greenland waters, as well as stocks shared jointly with Norway and with the Faroe Islands, are not available yet, pending the conclusion of consultations in November and December of 2010. These TACs are therefore presented as pro memoria (pm) In relation to effort management, for cod fisheries, a system based on kilowatt days has been applied since 2009 and will be continued in 2011.For the effort management for sole in the Western Channel and for southern hake and nephrops, the system of management of days at sea per type of vessel having a track record in the fishery, will continue to apply during 2011, but the proposed regulation will continue to allow Member States to apply a system by kilowatt days in order to make a more efficient use of fishing opportunities and to stimulate conservation practices in agreement with the fishing sector. With regard specifically to the effort rules for the southern hake and nephrops fishery, the proposal will rationalise the system to establish the effort ceilings applicable to each Member State. From 2011 onwards, the actual figure for each Member State will be specified in the regulation. This will allow a more transparent process to re-allocate days at sea recovered from scrapped vessels in this fishery, and which result in specific figures for each Member State according to their scrapping activities. The maximum allowable fishing effort set for the various stocks in Annex II, whether measured in days at sea per vessel or in kilowatt days per effort group, is currently indicated provisionally and might need to be updated in the light of the final advice from the STECF following its plenary meeting in November 2010. The methodology for fixing the final fishing effort for the fisheries on sandeel in EU waters of IIa, IIIa and IV is also still being analysed.This proposal contains measures regarding the limitation of fishing effort in the Celtic Sea that are proposed for the first time for the 2011 regulatory exercise. These proposed measures consist in establishing a cap on fishing effort for this area that would apply to all fisheries indistinctly. The cap is proposed to be set at a 10% reduction of the effort levels deployed in the reference year of 2007. This reference year has been chosen to avoid penalising Member States that have implemented reductions in the last few years compared to those that have actually increased their effort levels in the area during the same period. The measure is justified by the fact that the scientific advice for most stocks in this Area is either to reduce or not to increase effort. The mixed nature of these fisheries therefore makes it appropriate to implement a general capping measure that will be easier to implement and monitor. It would apply in sub-divisions f and g of ICES Area VII, where most fishing effort is deployed. The expected impact on the fleet is negligible, since the measure should stabilise the current situation on the fishing grounds. For the stocks, it will be beneficial in preventing deviation of effort to this area from neighbouring regions where stocks are more seriously in decline, such as the Irish Sea (sub-division VIIa).As regards effort management for deep-sea stocks, the North _East Atlantic Fishery Commission (NEAFC) recommended in 2002 an effort freeze for two years. Subsequently, the maximum allowable effort was reduced in steps by yearly convention in NEAFC and transposition through the Council, and arrived for 2008 and 2009 at 75% and 65%, respectively, of the effort deployed in the reference year 2003. For the years 2010 to 2012, NEAFC recommended keeping the cap on fishing effort at a maximum of 65%. The continuation of the effort limitation is necessary both to meet the international obligations of the EU and to protect stocks that, as ICES has underlined for several years, are extremely fragile and in need of urgent protection due to their extremely low reproductive potential.In-year management systems are maintained for short-lived species such as sandeel, Norway pout and sprat in the North sea. In these cases, fishing opportunities proposed for the early part of 2011 may be revised in-year in accordance with updated scientific advice, through Commission Regulations which will allow for rapid implementation of the management measures envisaged. However, the methodology for the management of the sandeel stock is currently being reviewed and this revision might result in a system that makes in-year revisions unnecessary. These possible changes will need to be discussed and agreed with Norway in the autumn, so Annex IID may need to be substantially modified or even eliminated in light of the outcome of these discussions. Finally, this regulation provides, for the first time in the annual fishing opportunities regulatory exercise, for the adoption of certain TACs by Member States themselves. This is proposed for 7 TACs where only one Member State is listed as having fishing opportunities. There is no true allocation in this case, as the TAC is essentially "owned" and administered by just one State. In these conditions, it is appropriate to simplify the regulation by proposing that responsibility in these cases be taken by the stakeholder Member State, albeit under an obligation to act in conformity with the objectives of the Common Fisheries Policy. |

2010/0324 (NLE)

Proposal for a

COUNCIL REGULATION

fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non EU waters

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 Commission [2],

Whereas:

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

(2) Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy [3] requires that 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).

(3) 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.

(4) Where a TAC is allocated to one Member State only, it is appropriate to empower the Member State concerned in accordance with Article 2(1) of the Treaty on the Functioning of the European Union to determine the level of such TAC. Provisions should nevertheless be made to ensure that, when fixing that TAC level, the Member State concerned acts in a manner fully consistent with the principles and rules of the Common Fisheries Policy and ensures that the stock in question is exploited at levels that will actually produce maximum sustainable yield, including by taking the necessary measures to collect relevant data, assess the stock concerned and determine its maximum sustainable yield levels.

(5) 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 concerned Regional Advisory Councils.

(6) For stocks subject to specific multiannual plans, the TACs should be established in accordance with the rules laid down in those plans. Consequently, the TACs for stocks of hake, of Norway lobster, of sole in the Bay of Biscay, the Western Channel and the North Sea, of plaice in the North Sea, of herring to the west of Scotland and of cod in the Kattegat, North Sea, Skagerrak, eastern Channel, to the west of Scotland and in the Irish Sea should be established in accordance with the rules laid down in Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the Northern hake stock [4], Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian Peninsula [5], Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay [6], Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel [7], 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 [8], Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock [9], Regulation (EC) No 1342/2008 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 [10] respectively.

(7) In accordance with Article 2 of Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas [11], the stocks that are subject to the various measures referred to therein must be identified.

(8) For certain species, such as certain species of sharks, even a limited fishing activity could result in a serious risk to their conservation. Fishing opportunities for such species should therefore be fully restricted through a general prohibition to fish those species.

(9) 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 this area only to the catching of pelagic species with which Norway lobster is not caught.

(10) It is necessary to establish the fishing effort ceilings for 2011 in accordance with Article 8 of Regulation (EC) No 2166/2005, Article 5 of Regulation (EC) No 509/2007, Article 9 of Regulation (EC) No 676/2007, Articles 11 and 12 of Regulation (EC) No 1342/2008 and Articles 5 and 9 of Regulation (EC) No 302/2009, while taking into account 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 [12].

[(11) It is necessary, following the advice from the ICES, to maintain and revise a system to manage the fishing effort on sandeel in EU waters of ICES zones IIa, IIIa and IV.]

(12) In light of scientific advice regarding the state of stocks in the Celtic Sea, and in light of the mixed nature of the fisheries in this area, it is appropriate to adopt measures to cap fishing effort for the fishing activities taking place in subdivisions f and g of ICES statistical Area VII.

(13) In the light of the most recent scientific advice from the 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.

(14) In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway [13], the Faroe Islands [14] and Greenland [15], the Union has held consultations on fishing rights with those partners.

(15) The Union is a contracting party to several fisheries organisations and participates in other organisations as a cooperating non-party. Moreover, by virtue of the 2003 Act of Accession, fisheries agreements previously concluded by the Republic of Poland, such as the Convention on the Conservation and Management of Pollock resources in the central Bering Sea, are as from the date of accession of Poland to the European Union managed by the Union. Those fisheries organisations have recommended the introduction for 2011 of a number of measures, including fishing opportunities for EU vessels. Those fishing opportunities should be implemented by the Union.

(16) At its Annual Meeting in 2010, the Inter-American Tropical Tuna Commission (IATTC) failed to reach consensus on the adoption of conservation measures for yellowfin tuna, bigeye tuna and skipjack tuna. Nevertheless, the majority of Contracting Parties, including the European Union, considered that the fishing opportunities for those three stocks should be regulated in order to ensure their sustainable management. It is therefore appropriate for the Union to adopt measures to that effect.

(17) In its Annual Meeting in 2010, the Indian Ocean Tuna Commission (IOTC) revised the overall capacity of the fleets targeting tropical tunas between 2006-2008 and swordfish and albacore between 2007-2008. The IOTC also approved the implementation of fleet development plans. Furthermore, IOTC approved a Resolution on the conservation of thresher sharks (family Alopiidae) caught in association with fisheries in its area of competence.

(18) During the Third International Meeting, held in May 2007, for the creation of a Regional Fisheries Management Organisation (SPRFMO) in the high seas of the South Pacific, 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. These measures have been revised at the 8th International Consultations for the Establishment of the SPRFMO in November 2009 and will be revised again at the forthcoming 2nd Preparatory Conference for the SPRFMO Commission in January 2011. The current interim measures will thus remain in place until the new measures are adopted. According to the agreement reached by the participants, those interim measures are voluntary and are not legally binding under international law. It is nevertheless advisable, in the light of the related provisions of the United Nations Fish Stock Agreement, to incorporate those measures into Union law.

(19) At its Annual Meeting in 2010, the South East Atlantic Fisheries Organisation (SEAFO) adopted catch limits for four fish stocks in the SEAFO Convention Area. It is necessary to implement those catch limits into Union law.

(20) In accordance with Article 291 of the Treaty, the measures necessary for the fixing of the catch limits for certain short-lived stocks should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [16] for reasons of urgency;

(21) Certain international measures which create or restrict fishing opportunities for EU are adopted by the relevant Regional Fisheries Management Organisations 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 to apply retroactively

(22) The use of fishing opportunities set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy [17], 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.

(23) Fishing opportunities should be used in full compliance with applicable Union legislation that is relevant to the subject,

HAS ADOPTED THIS REGULATION:

TITLE I

SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation fixes the following fishing opportunities and the conditions functionally linked to the use of those fishing opportunities:

(a) for the year 2011, catch limits for certain fish stocks and groups of fish stocks, and

(b) for the period from 1 February 2011 to 31 January 2012, certain effort limits,

(c) for the periods set out in Articles 18 to 20 and in Annexes IE and V, fishing opportunities for certain stocks in the Area of the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR);

[(d) for the periods set out in Article 26, fishing opportunities for certain stocks in the Area of the Inter American Tropical Tuna Convention (IATTC).]

Article 2

Scope

If not otherwise provided for, this Regulation shall apply to:

(a) to EU vessels and

(b) to third-country vessels in EU waters.

Article 3

Definitions

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

(a) ‘EU vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

(b) ‘third-country vessels’ means fishing vessels flying the flag of, and registered in, third countries;

(c) ‘EU 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;

(d) ‘total allowable catches’ (TACs) means the quantity that can be taken and landed from each stock each year;

(e) ‘quota’ means a proportion of the TAC allocated to the EU, Member States or a third country;

(f) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;

(g) ‘mesh size’ means the mesh size as determined in accordance with Commission Regulation (EC) No 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets [18];

(h) ‘EU fishing fleet register’ means the register set up by the Commission in accordance with Article 15(3) of Regulation (EC) No 2371/2002;

(i) ‘fishing logbook’ means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009;

Article 4

Fishing zones

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

(a) ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council [19];

(b) ‘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;

(c) ‘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;

(d) ‘VII (Irish Sea East – Unit 14)’ means the area bounded by

(i) a rhumb line sequentially joining the following positions:

– the intersection of 5°W meridian and the coast of the island of Britain near Portpatrick;

– 54°30' N 5°W;

– 54°30' N 4°W;

– the intersection of the 4°W meridian and the coast of the island of Britain near Llanfairfechan;

(ii) the coast of the island of Britain.

(e) ‘VII (Irish Sea West – Unit 15)’ means the area bounded by :

(i) a rhumb line sequentially joining the following positions :

– the intersection of the 55°N parallel and the coast of the island of Ireland near Camlough;

– the intersection of the 55°N parallel and the coast of the island of Britain near Stranraer;

(ii) the coast of the island of Britain between the intersection of the 55°N parallel and the coast near Stranraer and the intersection of 5°W meridian and the coast near Portpatrick;

(iii) a rhumb line sequentially joining the following positions:

– the intersection of 5°W meridian and the coast of the island of Britain near Portpatrick;

– 54°30' N 5°W;

– 54°30' N 4°W;

– the intersection of the 4°W meridian and the coast of the island of Britain near Llanfairfechan;

(iv) the coast of the island of Britain between the intersection of the 4°W meridian and the coast near Llanfairfechan and the intersection of the 53°N parallel and the coast at the Llyn peninsula;

(v) a rhumb line sequentially joining the following positions:

– the intersection of the 53°N parallel and the coast of the island of Britain at the Llyn peninsula;

– the intersection of the 53°N parallel and the coast of the island of Ireland near Wicklow;

– the east coast of the island of Ireland between the parallels at 53° 00'N and 55° 00'N.

(f) ‘VII (Porcupine Bank – Unit 16)’ means the area bounded by rhumb lines sequentially joining the following positions:

– 53° 30'N 15°00'W;

– 53° 30'N 11°00'W;

– 51°30'N 11°00'W;

– 51°30'N 13°00'W;

– 51°00'N 13°00'W;

– 51°00'N 15°00'W;

– 53° 30'N 15°00'W.

(g) ‘VII (Aran Grounds – Unit 17)’ means the area bounded by :

(i) the west coast of the island of Ireland;

(ii) the parallel at 53°30'N;

(iii) the meridian at 11°00'W;

(iv) the parallel at 52°30' N.

(h) ‘VII (S and SW Ireland – Unit 19)’ means the area bounded by

(i) rhumb lines sequentially joining the following positions:

– the intersection of the parallel at 52°30'N and the west coast of the island of Ireland

– 52°30'N 11°00'W;

– 51°00'N 11°00'W;

– 51°00'N 8°00'W;

– 51°30'N 8°00'W;

– 51°30'N 7°00'W;

– 52°00'N 7°00'W;

– 52°00'N 6°00'W;

– 52°30'N 6°00'W;

– the intersection of the parallel at 52°30'N and

(ii) the east coast of the island of Ireland south of 52°30'N.

(i) ‘VII (Celtic Sea – Units 20-22)’ means the area bounded by the rhumb lines sequentially joining the following positions:

– 51°00' N 9°00'W;

– 51°00' N 8°00'W;

– 51°30' N 8°00'W;

– 51°30' N 7°00'W;

– 52°00' N 7°00'W;

– 52°00' N 6°00'W;

– 51°30' N 6°00'W;

– 51°30' N 5°00'W;

– 51°00' N 5°00'W;

– 51°00' N 6°00'W;

– 50°30' N 6°00'W;

– 50°30' N 7°00'W;

– 49°30' N 7°00'W;

– 49°30' N 9°00'W;

– 51°00' N 9°00'W.

(j) ‘VII (NW Ireland and other areas – Unit 18)’ means that part of Zone VII not included in the areas defined in (d) to i) above.

(k) ‘Gulf of Cádiz’ means the area of ICES zone IXa east of longitude 7o 23' 48″ W;

(l) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 216/2009 of the European Parliament and of the Council [20];

(m) NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Regulation (EC) No 217/2009 of the European Parliament and of the Council [21];

(n) 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 [22];

(o) 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 [23];

(p) the CCAMLR (Convention on the Conservation of Antarctic Marine Living Resources) Convention Area is as defined in Council 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 [24];

(q) the IATTC (Inter American Tropical Tuna Convention) 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 [25];

(r) the IOTC (Indian Ocean Tuna Commission) Area is as defined in the Agreement for the establishment of the Indian Ocean Tuna Commission [26];

(s) ‘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 [27], and west of the areas of fisheries jurisdictions of South American States;

(t) the WCPFC (Western and Central Pacific Fisheries Convention) 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 [28].

(u) ‘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 EU VESSELS

CHAPTER I

General provisions

Article 5

TACs and allocations

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

2. EU vessels are authorised to make catches, within the TACs set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the conditions set out in Article 13 of and Annex III to this Regulation and in Council Regulation (EC) No 1006/2008 [29] and its implementing provisions.

3. The Commission shall fix TACs for capelin in Greenland waters of ICES zones V and XIV available to the Union on the basis of the TAC and the allocation to the Union established by Greenland in accordance with the agreement with that country.

4. In the light of scientific information collected during the first half of 2011, TACs set out in Annex I for the following stocks may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002:

[a) sandeel in EU waters of ICES zones IIa, IIIa and IV according to the rules laid down in point 6 of Annex IID;]

b) the stock of Norway pout in EU waters of ICES zones IIa, IIIa and IV and for the stock of sprat in EU waters of ICES zones IIa and IV;

c) the stocks of whiting in EU waters of ICES zone IIa, IIIa and IV and for the stocks of haddock in EU waters of ICES zone IIa, III and IV, to take into account industrial by-catches in the Norway pout fishery.

Article 6

Prohibited species

1. It shall be prohibited for EU vessels to fish for, to retain on board, to tranship and to land the following species:

(a) basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in all EU and non-EU waters;

(b) angel shark (Squatina squatina) in all EU waters;

(c) common skate (Dipturus batis) in EU waters of ICES zones IIa, III, IV, VI, VII, VIII, IX and X;

(d) undulate ray (Raja undulata) and white skate (Rostroraja alba) in EU waters of ICES zones VI, VII, VIII, IX and X;

(e) porbeagle (Lamna nasus) in international waters and

(d) guitarfishes (Rhinobatidae) in EU waters of I, II, III, IV, V, VI, VII, VIII, IX, X and XII.

2. The species referred to in paragraph 1 shall be promptly released unharmed to the extent practicable.

Article 7

Special provisions on allocations

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

(a) exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

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

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

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

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

2. Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation to stocks subject to analytical TAC.

Article 8

Fishing effort limits

From 1 February 2011 to 31 January 2012, the fishing effort measures laid down in:

(a) Annex IIA shall apply for the management of certain stocks in the Kattegat, the Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat, ICES zones IV, VIa, VIIa, VIId and EU waters of ICES zones IIa and Vb;

(b) Annex IIB shall apply for the recovery of hake and Norway lobster in ICES zones VIIIc and IXa with the exception of the Gulf of Cádiz;

(c) Annex IIC shall apply for the management of the sole stock in ICES zone VIIe;

[(d) Annex IID shall apply for the management of sandeel stocks in EU waters of ICES zones IIa, IIIa and IV;]

(e) Annex IIe shall apply for the management of certain stocks in ICES zones VIIf and g.

Article 9

Catch and effort limits for deep-sea fisheries

1. Article 3 of Council Regulation (EC) No 2347/2002 [30] shall apply to Greenland halibut. The catching, retaining on board, transhipping and landing of Greenland halibut shall be subject to the conditions referred to in that Article.

2. Member States shall ensure that for 2011 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 and/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

Conditions for landing catches and by-catches

Fish from stocks for which TACs are established shall be retained on board or landed only if:

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

(b) the catches consist of a share in a EU quota which has not been allocated by quota among Member States, and that EU quota has not been exhausted.

Article 11

Restrictions on the use of certain fishing opportunities

1. The fishing opportunities fixed in Annex I for tusk, cod, megrim, anglerfish, haddock, whiting, hake, blue ling, ling, Norway lobster, plaice, pollack, saithe, skates and rays, sole [and spurdog] in ICES Area VII or relevant sub-areas thereof, shall be restricted by the prohibition to fish or retain onboard any such species during the period from 1 May to 31 July 2011 in the Porcupine Bank. The relevant Annex I entries are identified by cross-reference to this Article.

2. 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 | 52o 27' N | 12o 19' W |

2 | 52o 40' N | 12o 30' W |

3 | 52o 47' N | 12o 39,600' W |

4 | 52o 47' N | 12o 56' W |

5 | 52o 13,5' N | 13o 53,830' W |

6 | 51o 22' N | 14o 24' W |

7 | 51o 22' N | 14o 03' W |

8 | 52o 10' N | 13o 25' W |

9 | 52o 32' N | 13o 07,500' W |

10 | 52o 43' N | 12o 55' W |

11 | 52o 43' N | 12o 43' W |

12 | 52o 38,800' N | 12o 37' W |

13 | 52o 27' N | 12o 23' W |

14 | 52o 27' N | 12o 19' W |

3. Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009 shall apply in the area defined in paragraph 2.

Article 12

Data transmission

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.

CHAPTER II

Fishing authorisation in third-country waters

Article 13

Fishing authorisations

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

2. Where one Member State transfers quota to another Member State (swap) in the fishing areas set out in Annex III on the basis of Article 20(5) of Regulation (EC) No 2371/2002, the transfer shall include an appropriate transfer of fishing authorisations and shall be notified to the Commission. However, the total number of fishing authorisations for each fishing area, as set out in Annex III, shall not be exceeded.

CHAPTER III

Fishing opportunities in waters of regional fisheries management organisations

Section 1

Area of the International Convention for the Conservation of Atlantic Tunas (ICCAT)

Article 14

Fishing and farming and fattening capacity limitations for bluefin tuna

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

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

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

4. The number and total capacity in gross tonnage of fishing vessels authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex IV.

5. The number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery shall be limited as set out in point 5 of Annex IV.

6. The bluefin tuna farming capacity, the fattening capacity and the maximum input of wild caught bluefin tuna allocated to the farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex IV.

Article 15

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 during the period from 15 April to 15 May 2011.

Article 16

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 17

Sharks

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

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

Section 2

Area of the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR)

Article 18

Prohibitions and catch limitations

1. Direct fishing of the species set out in Annex V, Part A, shall be prohibited in the zones and during the periods set out in that Annex.

2. For new and exploratory fisheries, the TACs and by-catch limits set out in Annex V, Part B, shall apply in the subareas set out in that Part.

Article 19

Exploratory fisheries

1. EU vessels that have been notified to CCAMLR in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 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.

2. 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 that SSRU shall be closed to fishing for the remainder of the season.

3. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and fishing effort. However, fishing in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1 and 58.4.2 shall be prohibited in depths less than 550 m.

Article 20

Krill fishery during the 2011/2012 fishing season

1. Only those Member States which are Members of the CCAMLR Commission may fish for krill (Euphausia superba) in the CCAMLR Convention Area during the 2011/2012 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 2011:

(a) of its intention to fish for krill, using the format laid down in Annex V, Part C;

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

2. The notification referred to in paragraph 1 shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each vessel to be authorised by the Member State to participate in the krill fishery.

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

4. Member States shall be entitled to authorise participation in a krill fishery by a vessel other than those notified to CCAMLR in accordance with paragraphs 1, 2 and 3, if an authorised vessel is prevented from participation due to legitimate operational reasons or force majeure. In such circumstances the Member State concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing:

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

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

5. Member States shall not authorise a vessel on either of the CCAMLR IUU Vessel Lists to participate in krill fisheries.

Section 3

Area of the Indian Ocean Tuna Commission (IOTC)

Article 21

Limitation of fishing capacity of vessels fishing in the IOTC Area

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

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

3. Member States may re-allocate vessels assigned to one of the two fisheries referred to in paragraphs 1 and 2 to the other, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.

4. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the record of vessels of other tuna regional fisheries organisations. No vessels featuring on the list of vessels engaged in illegal, unreported and unregulated fishing activities (IUU vessels) of any regional fisheries management organisation may be transferred.

In order to take into account the implementation of the development plans submitted to the IOTC, Member States may only increase the limitations of fishing capacity, as mentioned in this Article, within the limits set out in those plans.

Article 22

Sharks

1. Retaining on board, transhipping or landing any part or whole carcass of thresher sharks of all the species of the family Alopiidae in any fishery shall be prohibited.

2. The species referred to in paragraph 1 shall be promptly released unharmed to the extent practicable.

Section 4

Area of the South Pacific Regional Fisheries Management Organisation (SPRFMO)

Article 23

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 (GT) of vessels flying their flag and fishing for pelagic stocks in 2011 to the levels of total 78610 GT in that Area in such manner that sustainable exploitation of the pelagic fishery resources in South Pacific is ensured.

Article 24

Pelagic fisheries - TACs

1. Only Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in the years 2007, 2008 or 2009, as referred to in Article 23, may fish for pelagic stocks in that Area in accordance with the TACs set out in Annex IJ.

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

3. For the purpose of monitoring the fishery referred to in this Article, Member States shall send to the Commission, for forwarding 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 25

Bottom fisheries

Member States shall limit bottom fishing effort or catch in the SPRFMO Convention Area to the average annual levels over the period from 1 January 2002 to 31 December 2006 in terms of the number of fishing vessels and other parameters that reflect the level of catch, fishing effort and fishing capacity and to only those parts of the SPRFMO Convention Area where bottom fisheries has occurred during the previous fishing season.

Section 5

Area of the Inter American Tropical Tuna Convention (IATTC)

Article 26

Purse-seine fisheries

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

(a) either from 29 July to 28 September 2011 or from 18 November 2011 to 18 January 2012 in the area defined by the following limits:

the Pacific coastlines of the Americas,

longitude 150° W,

latitude 40° N,

latitude 40° S;

(b) from 29 September to 29 October 2011 in the area defined by the following limits:

longitude 96° W,

longitude 110° W,

latitude 4° N,

latitude 3° S.

2. The Member States concerned shall notify the Commission of the selected period of closure referred to in paragraph 1(a) before 1 April 2011. All the purse-seine vessels of the Member States concerned shall stop purse-seine fishing in the defined area during the period selected.

3. Purse-seine vessels fishing for tuna in the IATTC Regulatory Area shall retain on board and then land all yellowfin, bigeye and skipjack tuna caught, except fish considered unfit for human consumption for reasons other than size. A single exception shall be the final set of a trip when there may be insufficient well space remaining to accommodate all the tuna caught in that set.

Section 6

Area of the South East Atlantic Fisheries Organisation (SEAFO)

Article 27

Measures for the protection of 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

Area of the Western and Central Pacific Fisheries Convention (WCPFC)

Article 28

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 29

Closed area for FAD fishing

1. In the part of the WCPFC Convention Area located between 20° N and 20° S, fishing activities of purse-seine vessels making use of fish aggregating devices (FADs) shall be prohibited between 00:00 hours on 1 July 2011 and 24:00 hours on 30 September 2011. During that period, a purse-seine vessel may only engage in fishing operations within that part of the WCPFC Convention Area if it carries onboard an observer to monitor that at no time does the vessel:

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

(b) fish on schools in association with FADs.

2. All purse-seine vessels fishing in the part of the WCPFC Convention Area referred to in paragraph 1 shall retain onboard and land or tranship all bigeye, yellowfin and skipjack tuna caught.

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

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

(b) where the fish is unfit for human consumption for reasons other than those connected with size; or

(c) when a serious malfunction of freezer equipment occurs.

Article 30

Closed areas for purse-seine fisheries

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

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

b) the international waters enclosed by the boundaries of the exclusive economic zones of Micronesia, Marshall Islands, Nauru, Kiribati, Tuvalu, Fiji, Solomon Islands and Papua New Guinea.

Article 31

Limitations to the number of vessels authorised to fish swordfish

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

Section 8

Bering Sea

Article 32

Prohibition to fish in the high seas of the Bering Sea

Fishing for pollock (Theragra chalcogramma) in the high seas of the Bering Sea shall be prohibited.

TITLE III

FISHING OPPORTUNITIES FOR THIRD-COUNTRY VESSELS IN EU WATERS

Article 33

TACs

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

Article 34

Fishing authorisations

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

2. Fish from stocks for which TACs are fixed shall not be retained on board or landed unless the catches have been taken by third-country vessels having a quota and that quota is not exhausted.

Article 35

Prohibited species

1. It shall be prohibited for third-country vessels to fish for, to retain on board, to tranship and to land the following species:

(a) basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in all EU waters;

(b) angel shark (Squatina squatina) in all EU waters;

(c) common skate (Dipturus batis) in EU waters of ICES zones IIa, III, IV, VI, VII, VIII, IX and X; and

(d) undulate ray (Raja undulata) and white skate (Rostroraja alba) in EU waters of ICES zones VI, VII, VIII, IX and X.

2. The species referred to in paragraph 1 shall be promptly released unharmed to the extent practicable.

TITLE IV

FINAL PROVISIONS

Article 36

Entry into force and application

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

It shall apply from 1 January 2011.

Where the fishing opportunities for the CCAMLR Convention Area are set for periods starting before 1 January 2011, Articles 18 to 20 and Annexes IE and V shall apply with effect from the beginning of the respective periods of application of those fishing opportunities.

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

Done at Brussels,

For the Council

The President

ANNEX I

Catch limits applicable to EU vessels in areas where TACs exist

and for third-country vessels in EU waters, by species and by area

(in tonnes live weight, except where otherwise specified)

The following tables set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, and conditions functionally linked thereto, where appropriate.

All TACs set out in this Annex shall be considered as quotas for the purposes of this Regulation and shall therefore be subject to the rules set out in Regulation (EC) No 1224/2009, and in particular Articles 33 and 34 thereof. The references to fishing zones are references to ICES zones, unless otherwise specified.

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 |

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 |

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 - Rajidae | SRX-RAJ | 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. | SOO | 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 |

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 |

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-RAJ | Rajiformes - Rajidae |

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 zones I, II, III, IV, V, VI, VII, VIII, IX, X, XII

and XIV, EU waters of CECAF, French Guyana waters

Species: | SandeelAmmodytes 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 | | |

EU | pm | | |

| | | |

TAC | Not relevant | | |

|

Species: | SandeelAmmodytes spp. | Zone: | EU waters of IIa, IIIa and IV (1) (SAN/2A3A4.) |

Denmark | pm | | Precautionary TAC |

United Kingdom | pm | | |

Germany | pm | | |

Sweden | pm | | |

EU | pm | | |

Norway | pm | | |

Faroe | pm | | |

| | | |

TAC | pm | | |

(1) Excluding waters within six miles of UK baselines at Shetland, Fair Isle and Foula.(2) To be taken in zone IV. |

Species: | Greater silver smeltArgentina silus | Zone: | EU and international waters of I and II(ARU/1/2.) |

Germany | 25 | | Precautionary TAC |

France | 8 | | |

The Netherlands | 20 | | |

United Kingdom | 42 | | |

EU | 95 | | |

| | | |

TAC | 95 | | |

|

Species: | Greater silver smeltArgentina silus | Zone: | EU waters of III and IV(ARU/3/4.) |

Denmark | 963 | | Precautionary TAC |

Germany | 10 | | |

France | 7 | | |

Ireland | 7 | | |

The Netherlands | 45 | | |

Sweden | 37 | | |

United Kingdom | 17 | | |

EU | 1 086 | | |

| | | |

TAC | 1 086 | | |

|

Species: | Greater silver smeltArgentina silus | Zone: | EU and international waters of V, VI and VII(ARU/567.) |

Germany | 330 | | Precautionary TAC |

France | 7 | | |

Ireland | 306 | | |

The Netherlands | 3 449 | | |

United Kingdom | 242 | | |

EU | 4 334 | | |

| | | |

TAC | 4 334 | | |

|

Species: | TuskBrosme brosme | Zone: | EU and international waters of I, II and XIV(USK/1214EI.) |

Germany | 6 | (1) | Analytical TAC |

France | 6 | (1) | |

United Kingdom | 6 | (1) | |

Others | 3 | (1) | |

EU | 21 | (1) | |

| | | |

TAC | 21 | | |

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

|

Species: | TuskBrosme brosme | Zone: | IIIa; EU waters of IIIb, IIIc and Subdivisions 22-32(USK/03-C.) |

Denmark | 12 | | Analytical TAC |

Sweden | 6 | | |

Germany | 6 | | |

EU | 24 | | |

| | | |

TAC | 24 | | |

|

Species: | TuskBrosme brosme | Zone: | EU waters of IV(USK/04-C.) |

Denmark | 53 | | Analytical TAC |

Germany | 16 | | |

France | 37 | | |

Sweden | 5 | | |

United Kingdom | 80 | | |

Others | 5 | (1) | |

EU | 196 | | |

| | | |

TAC | 196 | | |

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

|

Species: | TuskBrosme brosme | Zone: | EU and international waters of V, VI and VII(USK/567EI) |

Germany | pm | | Analytical TACArticle 11 applies |

Spain | pm | | |

France | pm | | |

Ireland | pm | | |

United Kingdom | pm | | |

Others | pm | (1) | |

EU | pm | | |

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

| | | |

TAC | 3 217 | | |

(1) Exclusively for by-catches. No directed fisheries are permitted under this quota. (2) To be fished in EU waters of IIa, IV, Vb, VI and VII.(3) Of which an incidental catch of other species of pm % 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: | TuskBrosme brosme | Zone: | Norwegian waters of IV (USK/04-N.) |

Belgium | pm | | Analytical TAC |

Denmark | pm | | |

Germany | pm | | |

France | pm | | |

The Netherlands | pm | | |

United Kingdom | pm | | |

EU | pm | | |

| | | |

TAC | Not relevant | | |

(1) Exclusively for by-catches. No directed fisheries are permitted under this quota. (2) To be fished in EU waters of IIa, IV, Vb, VI and VII.(3) Of which an incidental catch of other species of pm % 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: | Herring(1)Clupea harengus | Zone: | IIIa (HER/03A.) |

Denmark | pm | | Analytical TAC |

Germany | pm | | |

Sweden | pm | | |

EU | pm | | |

Faroe Islands | pm | (2) | |

| | | |

TAC | pm | | |

(1) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.(2) To be taken in Skagerrak. |

|

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

Denmark | pm | | Analytical TACArticle 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 | | |

EU | 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) May be taken in EU 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 southof 62°N (HER/*04N-) | |

EU | pm | |

|

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

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

EU | pm | | |

| | | |

TAC | pm | | |

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

|

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

Denmark | pm | | Analytical TACArticle 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 | | |

EU | 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 EU waters of IIa (HER/2A47DX) |

Belgium | pm | | Analytical TACArticle 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 | | |

EU | 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 TACArticle 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) | |

EU | 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) 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.). |

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Species: | HerringClupea harengus | Zone: | EU 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 | | |

EU | pm | | |

Faroe Islands | pm | (2) | |

| | | |

TAC | 22 481 | | |

(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.(2) This quota may only be taken in VIa north of 56°30' N. |

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Species: | HerringClupea harengus | Zone: | VIIb, VIIc; VIaS (1)(HER/6AS7BC) |

Ireland | 3 387 | | |

The Netherlands | 339 | | |

EU | 3 726 | | |

| | | |

TAC | 3 726 | | |

(1) Reference is to the herring stock in VIa south of 56° 00' N and west of 07° 00' W. |

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Species: | HerringClupea harengus | Zone: | VI Clyde (1)(HER/06ACL.) |

United Kingdom | Not established | (2) | Precautionary TAC |

EU | Not established | (3) | |

| | | |

TAC | Not established | (3) | |

(1) Clyde stock: reference is to the herring stock in the maritime area situated to the north-east of a line drawn between the Mull of Kintyre and Corsewall Point.(2) To be determined by the Member State concerned at a level that is consistent with the sustainable exploitation of the stock and which will, with high probability, result in the exploitation of the stock consistent with maximum sustainable yield in 2015 and thereafter. The Member State concerned shall, by 28 February 2011, inform the Commission of the level adopted and on the management actions it intends to take to comply with the principles and the objectives set out above.(3) Fixed at the same quantity as determined in accordance with footnote 2. |

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Species: | HerringClupea harengus | Zone: | VIIa (1)(HER/07A/MM) |

Ireland | 1 250 | | Analytical TAC |

United Kingdom | 3 550 | | |

EU | 4 800 | | |

| | | |

TAC | 4 800 | | |

(1) This zone is reduced by the area added to VIIg, VIIh, VIIj and VIIk bounded:– to the north by latitude 52° 30' N,– to the south by latitude 52° 00' N,– to the west by the coast of Ireland,– to the east by the coast of the United Kingdom. |

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Species: | HerringClupea harengus | Zone: | VIIe and VIIf(HER/7EF.) |

France | 425 | | Precautionary TAC |

United Kingdom | 425 | | |

EU | 850 | | |

| | | |

TAC | 850 | | |

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Species: | HerringClupea harengus | Zone: | VIIg(1), VIIh(1), VIIj(1) and VIIk (1)(HER/7G-K.) |

Germany | 147 | | Analytical TAC |

France | 815 | | |

Ireland | 11 407 | | |

The Netherlands | 815 | | |

United Kingdom | 16 | | |

EU | 13 200 | | |

| | | |

TAC | 13 200 | | |

(1) This zone is increased by the area bounded:– to the north by latitude 52° 30' N,– to the south by latitude 52° 00' N,– to the west by the coast of Ireland,– to the east by the coast of the United Kingdom. |

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Species: | AnchovyEngraulis encrasicolus | Zone: | IX and X; EU waters of CECAF 34.1.1 (ANE/9/3411) |

Spain | 3 252 | | Analytical TAC |

Portugal | 3 548 | | |

EU | 6 800 | | |

| | | |

TAC | 6 800 | | |

|

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

Belgium | pm | (1) | Analytical TACArticle 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 |