EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

Council Regulation (EU) No 43/2012[1] and Council Regulation (EU) No 44/2012[2] fix for 2012 fishing opportunities for certain fish stocks and groups of fish stocks applicable in EU waters and, for EU vessels, in certain non-EU waters. They focus mainly on Atlantic and North Sea stocks. These fishing opportunities are usually amended several times during the period in which they are in effect.

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

Not applicable.

3. LEGAL ELEMENTS OF THE PROPOSAL

The proposed amendments seek to modify the two Regulations mentioned above as follows:

At the 10th Conference of the Parties (COP10) of the Convention of Migratory Species of Wild Animals, held in Bergen from 20 to 25 November 2011, the giant manta ray (Manta birostris) was added to the lists of protected species in Appendices I (prohibition of the taking of certain species) and II of the Convention (species which require international agreements for their conservation and management). Therefore, it is appropriate to provide for the protection of giant manta rays in all waters for EU vessels and, for non-EU vessels, in EU waters. This requires the addition of the giant manta ray to the three relevant articles containing lists of prohibited species; these three articles are distributed across the two Regulations mentioned in point 1 of this explanatory memorandum.

In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway[3], the Faroe Islands[4], Greenland[5] and Iceland[6], the Union held consultations on fishing rights with those partners during 2011. The consultations with the Faroe Islands and Iceland were not finalised. In order to avoid the interruption of Union fishing activities whilst allowing for the necessary flexibility for the conclusion of those arrangements in 2012, it was deemed appropriate for the Union to establish, in Regulation (EU) No 44/2012 and on a provisional basis, the fishing opportunities for certain stocks subject to the agreements with the Faroe Islands and Iceland. The consultations between Coastal States on the management of North East Atlantic mackerel stocks in Reykjavik on 14-17 February were inconclusive and therefore, in accordance with bilateral fisheries arrangements with Norway, the Union and Norway agreed on bilateral arrangements for mackerel in 2012. It is therefore necessary to adjust the provisional catch limits for mackerel in Regulation (EU) No 44/2012 and to allocate the reserved quotas in the relevant TACs of Annexes IA and IB thereto.

Advice from the International Council on the Exploration of the Seas (ICES) and the Scientific, Technical, and Economic Committee on Fisheries (STECF) demands a significant reduction of the sandeel TAC in EU waters of ICES divisions IIa and IIIa and ICES subarea IV. Further to that advice, a reduction of the sandeel transfer to Norway was agreed between Norway and the Union during consultations concluded on 9 March 2012. Regulation 44/2012 should be amended accordingly.

A number of transfers regarding fishing opportunities available for 2012 have taken place between the Union and certain North Atlantic Fisheries Organisation (NAFO) contracting parties. The relevant TAC entries in Annex IC of Regulation (EU) No 44/2012 should be amended accordingly.

The fishing opportunities for jack mackerel in the South Pacific Regional Fisheries Management Organisation (SPRFMO) were established following the outcome of the 3rd Preparatory Conference for the SPRFMO Commission held on 30 January – 2 February 2012. The relevant annex of Regulation (EU) No 44/2012, which was left empty at the time of adoption, must now be completed accordingly.

2012/0091 (NLE)

Proposal for a

COUNCIL REGULATION

amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards the protection of the species "giant manta ray" and certain fishing opportunities

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,[7]

Whereas:

(1) Council Regulation (EU) No 43/2012[8] and Council Regulation (EU) No 44/2012[9] fix for 2012 fishing opportunities for certain fish stocks and groups of fish stocks applicable in EU waters and, for EU vessels, in certain non-EU waters.

(2) At the 10th Conference of the Parties (COP10) of the Convention of Migratory Species of Wild Animals, held in Bergen from 20 to 25 November 2011, the giant manta ray (Manta birostris) was added to the lists of protected species in Appendices I (prohibition of the taking of certain species) and II of the Convention (species which require international agreements for their conservation and management). Therefore, it is appropriate to provide for the protection of giant manta rays in all waters for EU vessels and, for non-EU vessels, in EU waters.

(3) The TAC for cod in the Kattegat should be equal to the Union quota. The relevant figure in Regulation (EU) No 43/2012 should be corrected accordingly.

(4) The sum of quotas allocated to Member States in the TAC of white hake in NAFO 3NO result in a Union quota which is one tonne higher than established by fishing opportunities set in the context of that Regional Fisheries Management Organisation (RFMO). The relevant quota allocation in Regulation (EU) No 44/2012 should be corrected accordingly.

(5) Consultations on fishing opportunities between the Union, Iceland and the Faroe Islands have failed to result in an agreement for 2012. Consequently, the fishing opportunities reserved for those consultations can now be allocated to Member States. Furthermore, the Coastal States consultations on the management of North East Atlantic mackerel ended inconclusively in Reykjavik on 17 February 2012. Subsequently, in accordance with bilateral arrangements between them, the Union and Norway have agreed to fix their respective mackerel fishing opportunities for 2012. Therefore, Article 1 of Regulation (EU) No 44/2012 and the relevant TACs in Annexes IA and IB thereto should be amended in order to distribute the non-allocated quotas and to reflect the traditional allocation of mackerel in the North-East Atlantic.

(6) Advice from the International Council on the Exploration of the Seas (ICES) and the Scientific, Technical, and Economic Committee on Fisheries (STECF) demands a significant reduction of the sandeel TAC in EU waters of ICES divisions IIa and IIIa and ICES subarea IV. Further to that advice, a reduction of the sandeel transfer to Norway was agreed between Norway and the Union during consultations concluded on 9 March 2012. Regulation 44/2012 should be amended accordingly.

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

(8) Regulation (EU) No 43/2012 and Regulation (EU) No 44/2012 apply, in general, from 1 January 2012. This Regulation should therefore also apply from 1 January 2012. Such retroactive application will be without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned have not yet been exhausted. However, the new provisions on the species “giant manta ray” should only be effective from the date of entry into force of the modification to the relevant Appendices of the Convention on Migratory Species of Wild Animals, in accordance with paragraph 5 of Article XI thereof. Since the modification of some catch limits have an influence on the economic activities and the planning of the fishing season of EU vessels, this Regulation should enter into force immediately after its publication.

(9) Fishing opportunities should be used in full compliance with the applicable law of the Union,

HAS ADOPTED THIS REGULATION:

Article 1 Amendments to Regulation (EU) No 43/2012

Regulation (EU) No 43/2012 is amended as follows:

1. in Article 12(1) the following point (g) is added:

"(g) giant manta ray (Manta birostris) in all waters."

2. Annex I is amended in accordance with the text in Annex I to this Regulation.

Article 2 Amendments to Regulation (EU) No 44/2012

Regulation (EU) No 44/2012 is amended as follows:

1. in Article 1, paragraphs 3 and 4 are deleted;

2. in Article 13(1), the following point (g) is added:

"(g) giant manta ray (Manta birostris) in all waters.";

3. in Article 37(1)the following point (g) is added:

"(g) giant manta ray (Manta birostris) in all EU waters.";

4. Annexes I, IA, IB, IC and IJ are amended in accordance with the text in Annex II to this Regulation.

Article 3 Entry into force

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

Article 1 point (1), Article 2 points (2) and (3), Annex I point (1) and Annex II point (1) shall apply from 23 February 2012.

Article 2 point (1), Annex I point (2) and Annex II points (2) to (5) shall apply from 1 January 2012.

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

Annex I to Regulation (EU) No 43/2012 amended as follows:

1. Part A is amended as follows:

(a) The following entry is inserted in the first table (comparative table of latin names and common names" after the entry for Mallotus villosus:

"Manta birostris || RMB || Giant manta ray"

(b) The following entry is inserted in the second table (comparative table of common names and Latin names) after the entry for flounder:

"Giant manta ray || RMB || Manta birostris"

2. In Part B, the entry for cod in the Kattegat is replaced by the following:

"Species: || Cod Gadus morhua || Zone: || Kattegat (COD/03AS.)

Denmark || 82 || (1) || Analytical TAC

Germany || 2 || (1)

Sweden || 49 || (1)

Union || 133 || (1)

|| ||

TAC || 133 || (1)

|| || ||

(1) Exclusively for by-catches. No directed fisheries are permitted."

ANNEX II

Annexes I, IA, IB, IC and IJ to Regulation (Eu) No 44/2012 are amended as follows:

1. Annex I is amended as follows:

(a) The following entry is inserted in the first table (comparative table of Latin names and common names) after the entry for Mallotus villosus:

"Manta birostris || RMB || Giant manta ray"

(b) The following entry is inserted in the second table (comparative table of common names and Latin names) after the entry for fllounder:

"Giant manta ray || RMB || Manta birostris"

2. Annex IA is amended as follows:

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

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

Denmark || 34 072 || (2) || Analytical TAC

United Kingdom || 745 || (2)

Germany || 52 || (2)

Sweden || 1 251 || (2)

|| ||

Union || 36 120 ||

Norway || 2 300 ||

|| ||

TAC || 38 420 ||

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

Special condition:

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

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

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

Denmark || 19 526 || 4 717 || 4 717 || 4 717 || 0 || 395 || 0

United Kingdom || 427 || 103 || 103 || 103 || 0 || 9 || 0

Germany || 30 || 7 || 7 || 7 || 0 || 1 || 0

Sweden || 717 || 173 || 173 || 173 || 0 || 15 || 0

Union || 20 700 || 5 000 || 5 000 || 5 000 || 0 || 420 || 0

Norway || 2 300 || 0 || 0 || 0 || 0 || 0 || 0

|| || || || || || ||

Total || 23 000 || 5 000 || 5 000 || 5 000 || 0 || 420 || 0

(1) May be revised in accordance with Article 5(4) of this Regulation."

(b) The entry for herring in EU and international waters of Vb, VIb and VIaN is replaced by the following:

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

Germany || 2 560 || || Analytical TAC

France || 484 ||

Ireland || 3 459 ||

The Netherlands || 2 560 ||

United Kingdom || 13 837 ||

|| ||

Union || 22 900 ||

|| ||

TAC || 22 900 ||

(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."

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

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

Denmark || 10 370 || (1) || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 7 of this Regulation applies.

Germany || 4 032 || (1)

Spain || 8 791 || (1) (2)

France || 7 217 || (1)

Ireland || 8 030 || (1)

The Netherlands || 12 645 || (1)

Portugal || 817 || (1) (2)

Sweden || 2 565 || (1)

United Kingdom || 13 454 || (1)

|| ||

Union || 67 921 || (1)

Norway || 30 000 ||

TAC || 391 000 ||

(1) Special condition: of which up to 68 % may be fished in Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1). (2) Transfers of this quota may be effected to VIIIc, IX and X; EU waters of CECAF 34.1.1. However, such transfers must be notified in advance to the Commission."

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

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

Germany || 20 || || Analytical TAC Article 12 of this Regulation applies.

Estonia || 3 ||

Spain || 62 ||

France || 1 423 ||

Ireland || 5 ||

Lithuania || 1 ||

Poland || 1 ||

United Kingdom || 362 ||

Others || 5 || (1)

|| ||

Union || 1882 ||

Norway || 150 || (2)

|| ||

TAC || 2032 ||

(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 (BLI/*24X7C). (3) Special rules apply in accordance with Article 1 of Regulation (EC) No 1288/2009[10] and point 7 of Annex III to Regulation (EC) No 43/2009[11]." _____________________________________

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

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

Belgium || 30 || || Analytical TAC Article 12 of this Regulation applies. ||

Denmark || 5 || ||

Germany || 109 || ||

Spain || 2 211 || ||

France || 2 357 || ||

Ireland || 591 || ||

Portugal || 5 || ||

United Kingdom || 2 716 || ||

|| || ||

Union || 8 024 || ||

Norway || 6 140 || (1) (2) ||

|| || ||

TAC || 14 164 || ||

(1) Special condition: of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in Vb, VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in VI and VII shall not exceed 3 000 tonnes. (2) Including tusk. The quotas for Norway are: ling 6 140 tonnes and tusk 2 923 tonnes and are interchangeable of up to 2 000 tonnes and may only be fished with long-lines in Vb, VI and VII." ||

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

"Species: || Mackerel Scomber scombrus || Zone: || IIIa and IV; EU waters of IIa, IIIb, IIIc and Subdivisions 22-32 (MAC/2A34.)

Belgium || 512 || (3) || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 7 of this Regulation applies.

Denmark || 17 580 || (3)

Germany || 534 || (3)

France || 1 612 || (3)

The Netherlands || 1 623 || (3)

Sweden || 4 813 || (1) (2) (3)

United Kingdom || 1 503 || (3)

Union || 28 177 || (1) (3)

Norway || 167 197 || (4)

|| ||

TAC || Not relevant ||

(1) Special condition: including 242 tonnes to be taken in Norwegian waters south of 62° N (MAC/*04N-). (2) When fishing in Norwegian waters, by-catches of cod (COD/*2134.), haddock (HAD/*2134.), pollack (POL/*2134.) and whiting (WHG/*2134.) and saithe (POK/*2134.) are to be counted against the quotas for these species. (3) May also be taken in Norwegian waters of IVa (MAC/*4AN.). (4) To be deducted from Norway's share of the TAC (access quota). This amount includes the Norwegian share in the North Sea TAC of the amount of 46 685 tonnes. This quota may be fished in IVa only (MAC/*04A.), except for 3 000 tonnes that may be fished in IIIa (MAC/*03A.).

Special condition:

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

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

Denmark || 0 || 4 130 || 0 || 0 || 9 482

France || 0 || 490 || 0 || 0 || 0

The Netherlands || 0 || 490 || 0 || 0 || 0

Sweden || 0 || 0 || 390 || 10 || 1 829

United Kingdom || 0 || 490 || 0 || 0 || 0

Norway || 3 000 || 0 || 0 || 0 || 0"

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

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

Germany || 20 427 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 7 of this Regulation applies.

Spain || 22 ||

Estonia || 170 ||

France || 13 619 ||

Ireland || 68 089 ||

Latvia || 126 ||

Lithuania || 126 ||

The Netherlands || 29 788 ||

Poland || 1 438 ||

United Kingdom || 187 248 ||

Union || 321 053 ||

Norway || 13 898 || (1) (2)

|| ||

TAC || Not relevant ||

(1) May be fished in IIa, VIa north of 56° 30' N, IVa, VIId, VIIe, VIIf and VIIh (MAC/*AX7H). (2) An additional 33 437 tonnes of access quota may be fished by Norway North of 56°30' N and counted against its catch limit (MAC/*N6530).

Special condition:

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

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

Germany || 8 219 || || 837 ||

France || 5 479 || || 557 ||

Ireland || 27 396 || || 2 790 ||

The Netherlands || 11 985 || || 1 220 ||

United Kingdom || 75 342 || || 7 672 ||

Union || 128 421 || || 13 076" ||

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

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

Spain || 30 278 || (1) || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 7 of this Regulation applies.

France || 201 || (1)

Portugal || 6 258 || (1)

Union || 36 737 ||

|| ||

TAC || Not relevant ||

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

Special condition:

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

|| VIIIb (MAC/*08B.) ||

Spain || 2 543 ||

France || 17 ||

Portugal || 526" ||

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

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

Denmark || 12 608 || (1) || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 7 of this Regulation applies.

Union || 12 608 || (1)

|| ||

TAC || Not relevant ||

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

(j) The entry for sprat and associated by-catches in EU waters of IIa and IV is replaced by the following:

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

Belgium || 1 737 || (4) || Precautionary TAC

Denmark || 137 489 || (4)

Germany || 1 737 || (4)

France || 1 737 || (4)

The Netherlands || 1 737 || (4)

Sweden || 1 330 || (1) (4)

United Kingdom || 5 733 || (4)

|| ||

Union || 151 500 ||

Norway || 10 000 || (2)

|| ||

TAC || 161 500 || (3)

(1) Including sandeel. (2) May only be fished in EU waters of IV (SPR/*04-C.). (3) May be revised in accordance with Article 5(4) of this Regulation. (4) At least 98 % of landings counted against the TAC must be of sprat. By-catches of dab and whiting to be counted against the remaining 2 % of the TAC (OTH/*2AC4C)."

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

"Species: || Horse mackerel and associated by‑catches Trachurus spp. || Zone: || EU waters of IIa, IVa; VI, VIIa-c,VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of XII and XIV (JAX/2A-14)

Denmark || 15 702 || (1) (3) || Analytical TAC

Germany || 12 251 || (1) (2) (3)

Spain || 16 711 || (3)

France || 6 306 || (1) (2) (3)

Ireland || 40 803 || (1) (3)

The Netherlands || 49 156 || (1) (2) (3)

Portugal || 1 610 || (3)

Sweden || 675 || (1) (3)

United Kingdom || 14 775 || (1) (2) (3)

|| ||

Union || 157 989 ||

|| ||

TAC || 157 989 ||

(1) Special condition: up to 5 % of this quota fished in EU waters of IIa or IVa before 30 June 2012 may be accounted for as fished under the quota concerning the zone of EU waters of IVb, IVc and VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*4BC7D). (2) Special condition: up to 5 % of this quota may be fished in VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*07D.). (3) At least 95 % of landings counted against the TAC must be of horse mackerel. By-catches of boarfish, haddock, whiting and mackerel are to be counted against the remaining 5 % of the TAC (OTH/*2A-14)."

3. Annex IB is amended as follows:

(a) The entry for cod and haddock in Faroese waters of Vb is replaced by the following:

"Species: || Cod and haddock Gadus morhua and Melanogrammus aeglefinus || Zone: || Faroese waters of Vb (C/H/05B-F.)

Germany || 0 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.

France || 0 ||

United Kingdom || 0 ||

Union || 0 ||

|| ||

TAC || Not relevant" ||

(b) The entry for blue whiting in Faroese waters is replaced by the following:

"Species: || Blue whiting Micromesistius poutassou || Zone: || Faroese waters (WHB/2A4AXF)

Denmark || 0 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.

Germany || 0 ||

France || 0 ||

The Netherlands || 0 ||

United Kingdom || 0 ||

Union || 0 ||

|| ||

TAC || 0 || (1)

(1) TAC set in accordance with consultations among the Union, Faroe Islands, Norway and Iceland."

(c) The entry for ling and blue ling in Faroese waters of Vb is replaced by the following:

"Species: || Ling and blue ling Molva molva and Molva dypterygia || Zone: || Faroese waters of Vb (B/L/05B-F.)

Germany || 0 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.

France || 0 ||

United Kingdom || 0 ||

Union || 0 ||

|| ||

TAC || Not relevant" ||

(d) The entry for northern prawn in Greenland waters of V and XIV is replaced by the following:

"Species: || Northern prawn Pandalus borealis || Zone: || Greenland waters of V and XIV (PRA/514GRN)

Denmark || 2 550 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.

France || 2 550 ||

|| ||

Union || 8 000 || (1)

|| ||

TAC || Not relevant ||

(1) Of which 2 900 tonnes are allocated to Norway."

(e) The entry for saithe in Faroese waters of Vb is replaced by the following:

"Species: || Saithe Pollachius virens || Zone: || Faroese waters of Vb (POK/05B-F.)

Belgium || 0 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.

Germany || 0 ||

France || 0 ||

The Netherlands || 0 ||

United Kingdom || 0 ||

Union || 0 ||

|| ||

TAC || Not relevant" ||

(f) The entry for redfish in Icelandic waters of Va is replaced by the following:

"Species: || Redfish Sebastes spp. || Zone: || Icelandic waters of Va (RED/05A-IS)

Belgium || 0 || (1) (2) || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.

Germany || 0 || (1) (2)

France || 0 || (1) (2)

United Kingdom || 0 || (1) (2)

Union || 0 || (1) (2)

|| ||

TAC || Not relevant ||

(1) Including unavoidable by-catches (cod not allowed). (2) May only be fished between July and December 2012."

(g) The entry for redfish in Faroese waters of Vb is replaced by the following:

"Species: || Redfish Sebastes spp. || Zone: || Faroese waters Vb (RED/05B-F.)

Belgium || 0 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.

Germany || 0 ||

France || 0 ||

United Kingdom || 0 ||

Union || 0 ||

|| ||

TAC || Not relevant" ||

(h) The entry for other species in Faroese waters of Vb is replaced by the following:

"Species: || Other species(1) || Zone: || Faroese waters of Vb (OTH/05B-F.)

Germany || 0 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.

France || 0 ||

United Kingdom || 0 ||

Union || 0 ||

|| ||

TAC || Not relevant ||

(1) Excluding fish species of no commercial value."

(i) The entry for flatfish in Faroese waters of Vb is replaced by the following:

"Species: || Flatfish || Zone: || Faroese waters of Vb (FLX/05B-F.)

Germany || 0 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.

France || 0 ||

United Kingdom || 0 ||

Union || 0 ||

|| ||

TAC || Not relevant" ||

4. Annex IC is amended as follows:

(a) The entry for cod in NAFO 3M is replaced by the following:

"Species: || Cod Gadus morhua || Zone: || NAFO 3M (COD/N3M.)

Estonia || 103 ||

Germany || 432

Latvia || 103

Lithuania || 103

Poland || 219

Spain || 1 328

France || 185

Portugal || 1 992,5

United Kingdom || 865

Union || 5 330,5

|| ||

TAC || 9 280" ||

(b) The entry for white hake in NAFO 3NO is replaced by the following:

Species: || White hake Urophycis tenuis || Zone: || NAFO 3NO (HKW/N3NO.)

Spain || 1 273 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.

Portugal || 1 667 ||

Union || 2 940 ||

TAC || 5 000 ||

(c) The entry for Northern prawn in NAFO 3L is replaced by the following:

"Species: || Northern prawn Pandalus borealis || Zone: || NAFO 3L(1) (PRA/N3L.)

Estonia || 134 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.

Latvia || 134 ||

Lithuania || 134 ||

Poland || 400 ||

Spain || 105,5 ||

Portugal || 161,5 ||

Union || 1 069 ||

|| ||

TAC || 12 000 ||

(1) Not including the box bounded by the following coordinates:

|| Point No || Latitude N || Longitude W || ||

|| 1 || 47° 20' 0 || 46° 40' 0 || ||

|| 2 || 47° 20' 0 || 46° 30' 0 || ||

|| 3 || 46° 00' 0 || 46° 30' 0 || ||

|| 4 || 46° 00' 0 || 46° 40' 0" || ||

|| || || || ||

(d) The entry for redfish in NAFO 3LN is replaced by the following:

"Species: || Redfish Sebastes spp. || Zone: || NAFO 3LN (RED/N3LN.)

Estonia || 297 ||

Germany || 203

Latvia || 297

Lithuania || 297

Portugal || 454

||

Union || 1 548 ||

|| ||

TAC || 6 000" ||

(e) The entry for redfish in NAFO 3O is replaced by the following:

"Species: || Redfish Sebastes spp. || Zone: || NAFO 3O (RED/N3O.)

Spain || 1 771 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.

Portugal || 5 229 ||

Poland || 150 ||

|| ||

Union || 7 150 ||

TAC || 20 000" ||

5. Annex IJ is replaced by the following:

“ANNEX IJ

SPRFMO CONVENTION AREA

Species: || Jack mackerel Trachurus murphyi || Zone: || SPRFMO Convention Area (CJM/SPRFMO)

Germany || 6790, 5 || ||

The Netherlands || 7360,2 || ||

Lithuania || 4725 || ||

Poland || 8124,3 || ||

Union || 27 000" || ||

[1] Council Regulation (EU) No 43/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements (OJ L 25, 27.1.2012, p. 1–54).

[2] Council Regulation (EU) No 44/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (OJ L 25, 27.1.2012, p. 55–147).

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

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

[5] Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand (OJ L 172, 30.6.2007, p. 4) and Protocol setting out the fishing opportunities and financial contribution provided for in that Agreement (OJ L 172, 30.6.2007, p. 9).

[6] Agreement on fisheries and the marine environment between the European Economic Community and the Republic of Iceland (OJ L 161, 02.07.1993, p. 2).

[7] [OJ Ref]

[8] OJ L 25, 27.1.2012, p. 1.

[9] OJ L 25, 27.1.2012, p. 55.

[10] OJ L 347, 24.12.2009, p. 6.

[11] OJ L 22, 26.1.2009, p. 1.