EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

Council Regulation (EU) No 43/2014[1] fixes for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters. 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 Regulation mentioned above as outlined below.

On the basis of the allocation established by Greenland, and in accordance with the Fisheries Partnership Agreement (FPA) between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand, and the Protocol thereto, the Union is to receive 7.7 % of the TAC for capelin in Greenland waters of ICES subareas V and XIV. By the time the proposal below was sent for adoption, neither the offer from Greenland nor the opinion of Member States on that offer were available. Therefore, this TAC is shown in "pm" (pro memoria) in this proposal, and is to be completed after its adoption..

As regards redfish in international waters of I and II, Regulation (EU) No 43/2014 included an incorrect figure (19,300 tonnes) that did not reflect the TAC level established by the North-East Atlantic Fisheries Commission (NEAFC): 19,500 tonnes. This TAC is not to be fished prior to 1 July 2014, as stated in the footnote attached to the Union quota, which is not being modified. Another error was identified in the TAC for Greenland halibut in Greenland waters of V and XIV: the Union quota distributed between Norway, the Faroe Islands, and some Member States was 200 tonnes higher than the actual offer made by Greenland: 4,665 tonnes, instead of 4,465 tonnes. Finally, certain errors are corrected in the TAC for mackerel in IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32: firstly, the Union quota can be fished in Faroese waters; secondly, the Faroe Islands should be able to fish part of their mackerel quota (46,850 tonnes) in certain EU areas and this should be reflected in the relevant table; in relation to this, the description of the Union waters area where Faroese vessels can be authorised to fish for mackerel must also be corrected (Annex VIII of Regulation (EU) No 43/2014).

Finally, this proposal contains amendments linked to the implementation of measures linked to Regional Fisheries Management Organisations (RFMOs). At its 8th Regular Session in 2012, the Western and Central Pacific Fisheries Commission (WCPFC) adopted a conservation and management measure prohibiting certain fishing activities as regards oceanic whitetip sharks (Carcharhinus longimanus). At its 9th Regular Session, WCPFC adopted a similar prohibition for silky sharks (Carcharhinus falciformis). Both prohibitions should be implemented in Union law.

2014/0193 (NLE)

Proposal for a

COUNCIL REGULATION

amending Council Regulation (EU) No 43/2014 as regards certain catch limits

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

Whereas:

(1) The Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand[2], and the Protocol thereto[3], provide that the Union is to receive 7.7 % of the total availabe catches (TAC) for capelin in Greenland waters of ICES zones V and XIV.

(2) Council Regulation (EU) No 43/2014[4] fixed a Union quota of 0 tonnes for 2014 for the stock of capelin in those Greenland waters, to be applied until 30 April 2014.

(3) On [date to be added] the Union received information from the Greenland authorities that the TAC for capelin in Greenland waters of ICES subareas V and XIV had been established at [pm] tonnes for the period from [date to be added] until [date to be added]. The relevant Union quota for that period should therefore be fixed at [pm] tonnes.

(4) It is necessary to correct the TAC established for the stock of redfish in international waters of I and II and the TAC established for Greenland halibut in Greenland waters of V and XIV. It is also necessary to correct the TAC for mackerel in the North Sea and adjacent waters, in order to include the mutual access arrangements between the Union and the Faroe Islands; furthermore, the area where Faroese vessels may obtain fishing authorisations for mackerel fishing should be modified accordingly.

(5) At its 8th Regular Session, the Western and Central Pacific Fisheries Commission (WCPFC) adopted a prohibition to retain on board, tranship, store or land oceanic whitetip sharks (Carcharhinus longimanus). At its 9th Regular Session, WCPFC adopted a similar prohibition for silky sharks (Carcharhinus falciformis). Both prohibitions should be implemented in the law of the Union. In accordance with Article 2 of Council Regulation (EC) No 847/96[5], the stocks that are subject to the various measures referred to therein should be identified.

(6) The catch limits provided for in Regulation (EU) No 43/2014 apply from 1 January 2014. The provisions of this Regulation concerning catch limits should therefore in principle also apply from this date. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned have not yet been exhausted. However, the prohibition to fish silky sharks in the WCPFC Convention Area becomes effective on 1 July 2014 and should apply from that date. Similarly, the corrected TAC for Greenland halibut in Greenland waters of V and XIV should apply from the date of entry into force of this Regulation, as it entails a reduction of fishing opportunities for Union vessels. Moreover, in view of the fishing season for capelin, the catch limits for the stock in question provided for by this Regulation should apply from [date to be added].

(7) Since the modification of some catch limits has an influence on the economic activities and the planning of the fishing season of Union vessels, this Regulation should enter into force immediately after its publication.

(8) Regulation (EU) No 43/2014 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1 Amendments to Regulation (EU) No 43/2014

(1) In Regulation (EU) No 43/2014, the following Article 37a is inserted:

“Article 37a Oceanic whitetip sharks

1. Retaining on board, transhipping, storing or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) shall be prohibited.

3. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.”

(2) the following Article 37b is inserted:

“Article 37b Silky sharks

1. Retaining on board, transhipping, storing or landing any part or whole carcass of silky sharks (Carcharhinus falciformis) shall be prohibited.

2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.”

(3) Annex IA to Regulation (EU) No 43/2014 is amended in accordance with the text set out in Annex I to this Regulation.

(4) Annex IB to Regulation (EU) No 43/2014 is amended in accordance with the text set out in Annex II to this Regulation.

(5) Annex VIII to Regulation (EU) No 43/2014 is amended in accordance with the text set out in Annex III to this Regulation.

Article 2 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.

Point (2) of Article 1 shall apply from 1 July 2014.

Points (3) and (5) of Article 1 and point (c) of Annex II shall apply from 1 January 2014.

Point (a) of Annex II shall apply from [date to be added].

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

Done at Brussels,

For the Council

The President

[1] Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (OJ L 24, 28/01/2014, p. 1–145).

[2] OJ L 172, 30.6.2007, p. 4.

[3] OJ L 293, 23.10.2012, p. 5.

[4] OJ L 24, 28/01/2014, p. 1–145.

[5] Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (OJ L 115, 9.5.1996, p. 3).

ANNEXES

to the

proposal for a Council Regulation

amending Council Regulation (EU) No 43/2014 as regards certain catch limits

ANNEX I

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

Species: || Mackerel || || || Zone: || IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32

|| Scomber scombrus || || || (MAC/2A34.) ||

Belgium || || 768 || (2) (5) || Analytical TAC || ||

Denmark || || 26 530 || (2) (5) || || || ||

Germany || || 800 || (2) (5) || || || ||

France || || 2 417 || (2) (5) || || || ||

The Netherlands || 2 434 || (2) (5) || || || ||

Sweden || || 7 101 || (1) (2) (5) || || || ||

United Kingdom || 2 254 || (2) (5) || || || ||

Union || || 42 304 || (1) (2) (5) || || || ||

Norway || || 256 936 || (3) || || || ||

Faroe Islands || 46 850 || (4) || || || ||

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

TAC || || Not relevant || || || || ||

(1) Special condition: including the following tonnage to be taken in Norwegian waters south of 62° N (MAC/*04N-): ||

|| || 247 || || || || ||

|| When fishing under this special condition, by-catches of cod, haddock, pollack and whiting and saithe are to be counted against the quotas for these species.

(2) May also be taken in Norwegian waters of IVa (MAC/*4AN.). || || ||

(3) To be deducted from Norway's share of the TAC (access quota). This amount includes the following Norwegian share in the North Sea TAC :

|| || 74 500 || || || || ||

|| This quota may be fished in IVa only (MAC/*04A.), except for the following amount, in tonnes, which may be fished in IIIa (MAC/*03A.):

|| || 3 000 || || || || ||

(4) To be deducted from the Faroe Islands' share of the TAC (access quota). This quota may be fished in VIa north of 56º 30' N (MAC/*6AN56). It may also be fished in IIa, IVa north of 59º N (EU zone) from 1 October to 31 December (MAC/*24N59).

(5) May also be taken in Faroese waters, within the limits of each Member State quota, and up to the following total amount for the Union (MAC/*FRO):

|| || 46 850 || || || || ||

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

Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken

in the following zones: || || || || || ||

|| IIIa || IIIa and IVbc || IVb || IVc || VI, international waters of IIa, from 1 January to 31 March 2014 and in December 2014 || ||

|| (MAC/*03A.) || (MAC/*3A4BC) || (MAC/*04B.) || (MAC/*04C.) || (MAC/*2A6.) || ||

Denmark || 0 || 4 130 || 0 || 0 || 14389 || ||

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

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

Sweden || 0 || 0 || 390 || 10 || 2742 || ||

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

Norway || 3000 || 0 || 0 || 0 || 0 || ||

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

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

ANNEX II

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

(a) the entry for capelin in Greenland waters of V and XIV is replaced by the following:

“Species: || Capelin || || Zone: || Greenland waters of V and XIV

|| Mallotus villosus || || (CAP/514GRN)

Denmark || pm || || Analytical TAC

Germany || pm || || Article 3 of Regulation (EC) No 847/96 shall not apply

Sweden || pm || || Article 4 of Regulation (EC) No 847/96 shall not apply

United Kingdom || pm || || ||

All Member States || pm || (1) || ||

Union || pm || (2) || ||

|| || || ||

TAC || Not relevant || || ||

(1) Denmark, Germany, Sweden and the United Kingdom may access the "All Member States" quota only once they have exhausted their own quota. However, Member States with more than 10% of the Union quota shall not access the "All Member States" quota at all.”

|| ||

(b) the entry for Greenland halibut in Greenland waters of V and XIV is replaced by the following:

|| || || ||

Species: || Greenland halibut || Zone: || Greenland waters of V and XIV

|| Reinhardtius hippoglossoides || || (GHL/514GRN)

Germany || 3 591 || || Analytical TAC

United Kingdom || 189 || || Article 3 of Regulation (EC) No 847/96 shall not apply

Union || 3 780 || (1) || Article 4 of Regulation (EC) No 847/96 shall not apply

Norway || 575 || || ||

Faroe Islands || 110 || || ||

|| || || ||

TAC || Not relevant || || ||

(1) To be fished by no more than 6 vessels at the same time. ||

|| || || ||

(c) the entry for redfish in international waters of I and II is replaced by the following:

|| || || ||

“Species: || Redfish || || Zone: || International waters of I and II

|| Sebastes spp. || || (RED/1/2INT)

Union || Not relevant || (1) (2) || Analytical TAC

|| || || Article 3 of Regulation (EC) No 847/96 shall not apply

TAC || 19 500 || || Article 4 of Regulation (EC) No 847/96 shall not apply

(1) The fishery may only take place within the period from 1 July to 31 December 2014. The fishery will be closed when the TAC is fully utilised by NEAFC Contracting Parties. The Commission shall inform Member States of the date on which the Secretariat of NEAFC has notified NEAFC Contracting Parties that the TAC has been fully utilised. From that date Member States shall prohibit directed fishery for redfish by vessels flying their flag.

(2) Vessels shall limit their by-catches of redfish in other fisheries to a maximum of 1 % of the total catch retained on board.”

|| || || ||

ANNEX III

"ANNEX VIII

QUANTITATIVE LIMITATIONS OF FISHING AUTHORISATIONS FOR THIRD‑COUNTRY VESSELS FISHING IN UNION WATERS

Flag State || Fishery || Number of fishing authorisations || Maximum number of vessels present at any time

Norway || Herring, north of 62° 00' N || 20 || 20

Faroe Islands || Mackerel, VIa (north of 56° 30' N), IIa, IVa (north of 59º N) Horse mackerel, IV, VIa (north of 56° 30' N), VIIe, VIIf, VIIh || 14 || 14

Herring, north of 62° 00' N || 21 || 21

Herring, IIIa || 4 || 4

Industrial fishing for Norway pout, IV, VIa (north of 56° 30' N) (including unavoidable by-catches of blue whiting) || 15 || 15

Ling and tusk || 20 || 10

Blue whiting, II, VIa (north of 56° 30' N), VIb, VII (west of 12° 00' W) || 20 || 20

Blue ling || 16 || 16

Venezuela[1] || Snappers (French Guiana waters) || 45 || 45"

[1] To issue those fishing authorisations, proof must be produced that a valid contract exists between the ship owner applying for the fishing authorisation and a processing undertaking situated in the Department of French Guiana, and that it includes an obligation to land at least 75 % of all snapper catches from the vessel concerned in that department so that they may be processed in that undertaking's plant. Such a contract must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objectives for the development of the Guianese economy. A copy of the duly endorsed contract shall be appended to the fishing authorisation application. Where such an endorsement is refused, the French authorities shall give notification of this refusal and state their reasons for it to the party concerned and to the Commission.