EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

Grounds and objectives

All fishing opportunities regulations must limit the harvesting of the fish stocks to levels which must be consistent with the overall objectives of the Common Fisheries Policy (CFP). 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 sets out the objectives for the annual proposals for catch and fishing effort limitations to ensure that Union fisheries are ecologically, economically and socially sustainable.

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 Union fleets. It is important to maintain an annually-renewed process for this Union-wide pact at the basis of the CFP.

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.

Scope

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

However, save a few exceptions, scientific advice on stocks on which the Union decides autonomously is already available by July. It is therefore possible to draw up a proposal for Union stocks only on which the Council could reach political agreement at its November session. In a move to streamline and facilitate fishing opportunities decisions, the Commission included in its Communication concerning a consultation on Fishing Opportunities(COM(2011)298 final)[1] its intention to table two proposals out of the content previously contained in one.

The present proposal is the first of the two, covering the stocks in the Atlantic and the North Sea for which the Union decides autonomously what exploitation level must be set. Fishing opportunities resulting from Regional Fisheries Management Organisations (RFMOs) or accepted in consultations with Norway and other third countries (shared stocks) are to be dealt with later in the year, when the results of the relevant international negotiations become available.

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

Situation of the stocks

The Commission has, for six 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, 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 Union waters. But it notes improvements in certain important stocks, such as Celtic Sea cod, haddock, and the southern anglerfish stock. 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.

The proposed fishing opportunities regulation 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(2011)298 final.

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, the approach to follow in management must still be the precautionary principle. In addition, it is crucial to work decisively towards overcoming the data deficiencies affecting these stocks. To this end, the proposed measures must be rigorous.

Consistency with other policies and objectives of the Union

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

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

Consultation of interested parties

1. Consultation methods, main sectors targeted and general profile of respondents

The Commission has consulted stakeholders, in particular through the Regional Advisory Councils (RACs), and Member States on its proposed approach to its various fishing opportunities proposals on the basis of its Communication on a Consultation on Fishing Opportunities (COM(2011)298 final).

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

In the framework of the frontloading process, the Commission developed two consultation papers on specific topics relevant for this proposal, namely:

- Splitting: a non-paper to the Committee for Fisheries and Aquaculture on Splitting the main Fishing Opportunities Regulation in 2012.

- Annex IIB: a non-paper to the Committee for Fisheries and Aquaculture on a proposed revision of Annex IIB on fishing effort in the context of the recovery of certain southern hake and Norway lobster stocks.

These frontloading documents were submitted to Member States and also transmitted to the RACs to provide them with an opportunity for feedback. Furthermore, the Commission organised an open seminar (with participation of Member States, Members of the European Parliament, fisheries experts, stakeholders, the press and the public) on 8 September 2011, at which the outcomes of the scientific advice and its key implications were presented and discussed.

2. Summary of responses and how they were taken into account

Whereas 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.

As regards Member States, three Member States sent their positions in the context of the open consultation.

As regards regional Advisory Councils, four of them have provided views in response to the consultation document. The points made by each of the RACs that responded can be summarised as follows:

South Western Waters RAC

- The South-Western Waters RAC supports the adoption of more long term management plans.

- The 25% reduction for data-poor stocks is too simplistic and sometimes unjust. A more case-by-case approach is required.

- The causes of the lack of data may be structural, and both the Commission and Member States should invest more in scientific research. The Commission, in particular, should develop a methodology to enhance cooperation between scientists and professionals in this domain.

North Western Waters RAC

- The North-Western Waters RAC asks how and when interspecies interactions can be incorporated in MSY considerations.

- The RAC disputes the statement that there is no evidence of a significant reduction of overcapacity, as there is, in its view, sufficient proof of significant effort reductions.

- The RAC opposes the 25% reductions in data-poor situations, and would prefer that the Commission take account of stock trends according to ICES advice.

Pelagic RAC

- The new Fishing Opportunities consultation document is too simplistic and cannot cater appropriately for the variety of stocks it covers.

- The PRAC is mainly concerned by the fact that a one-size-fits-all approach has been used for data-poor stocks.

North Sea RAC

- The North Sea RAC found the Commission's Communication too negative in tone.

- The RAC warned that the Council wanted a realistic and gradual path to MSY and not a direct implementation in 2012.

- Development of regional long-term management plans was the preferred option for the different fisheries in the North Sea, taking account of the mixed nature of the fisheries.

- The RAC opposed the 25% reductions for data-poor stocks as these would penalise the fishing industries while the responsibility for assessment lays mainly with Member States; it would also generate additional discards.

The Commission has considered all submissions mentioned above and, within the limits of what is compatible with the nature of a Council regulation on fishing opportunities, has tried to integrate them. Due to the many arguments for a more ad-hoc approach as regards data-poor stocks, the Commission has not applied a 25% reduction across the board, but 15% or 25% reductions depending on a number of factors, including in particular available information on stock trends and mixed fisheries considerations.

Collection and use of expertise

As for the methodology used, the Commission consulted two main organisations/experts: ICES, an international independent scientific body, and STECF. Advice from ICES is based on an advice framework developed within 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.

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

3. Summary of advice received and used

The ultimate objective of the Union is to achieve fishing mortality levels that allow the stock to be exploited at Maximum Sustainable Yield. The decision lies on how to ensure that this fishing mortality level is achieved in 2015 at the latest. In many cases, this means effecting a reduction in fishing mortality rates and therefore a reduction in catches. However, it remains within the remit of managers to decide how fast or how gradually these reductions must take place. The two basic options identified in this context are a) achieving fishing mortality rates at MSY level as soon as possible (i.e. in 2012) or b) achieving these rates in 2015 (i.e. a gradual reduction over the next 4 years). ICES refers to these two scenarios as, respectively, "MSY framework" advice and "MSY transition" advice. Relevant catch options are provided in the advice for each scenario, and also for intermediate values. For each stock, however, ICES marks a preference for one scenario or the other.

Against this background, this proposal makes use of the MSY advice, where available, by proposing TACs consistent with reductions in fishing mortality that go half-way towards the MSY objective in 2012. In its Communication COM(2011)298 final, the Commission considered the need for the EU to deliver on its commitment to reach MSY in 2015. It proposed to ensure this by taking a rigorous approach and drive fishing mortality rates down to the target value already in 2012. In light of the results of the consultation, the Commission is proposing TACs that provide for a more gradual approach, while remaining decisive in the pursuit of the objective. This is the rationale underlying the half-way fishing mortality cuts proposed here.

MSY advice, however, is only available for a minority of stocks. Whereas this proposal regulates the fishing opportunities for 83 biological stocks, about half of them remain at a level of assessment that is only qualitative, with no population size estimate and therefore no quantified catch options relative to possible fishing mortality targets. ICES is able in some cases to provide some indications as to whether the stock could be stable, increasing or decreasing in size, but in many cases, advice is entirely absent for lack of data. It is worth noting, however, that there are also many cases where ICES provides advice this year for the first time. This is good news as it implies that efforts are being made to improve the data on the basis of which advice can be delivered, and to make the best use of the data that is already available. Quantitative assessments require relatively long time series of data, so the efforts initiated this year must continue to build a robust basis for management over the mid-term.

For 13 stocks (widely distributed; sharks and rays) the advice is issued in the autumn and the proposal will need to be updated as appropriate at that time. For 9 stocks, the advice is used for the purpose of implementing applicable management plans or agreed harvest control rules.

In terms of the actual trends seen in the evolution of the stocks, the following cases may be highlighted:

- Anglerfish south (VIIIc): the stock is on the rise and it should be possible to reach MSY levels already in 2012 even with higher catches than at present.

- Celtic Sea Cod: the 2009 year-class was extremely successful and has driven the stock size up considerably.

- Haddock West of Scotland and Celtic Sea: Western waters haddock stocks are benefitting from a strong 2009 year-class, after many years of unfavourable conditions. Discarding, however, remains a serious problem for this species in both areas and in the Irish Sea.

- Hake, north and south: these stocks continue to maintain a relative good status, albeit the advice still signals worryingly high fishing mortality rates and possible misreporting of catches.

- Herring Celtic Sea: Another important stock that continues to show signs of good status, making it possible to envisage increased catches in 2012.

As to less positive trends, the following should be highlighted:

- Sole Celtic Sea : the stock is deemed fished at sustainable levels (MSY), but its size is smaller than previously thought, as scientists have revised their estimates this year. This means TAC reductions are required to keep fishing at MSY levels.

- Whiting (various Western Waters stocks) : it would seem that 2009 was a good year for whitefish, as seen for haddock and Celtic Cod. There are signs that whiting may also be benefitting from this bounty year. However, whiting is the less valuable of the three whitefish species and is therefore suffering from very high discard rates. Landings data are therefore not a good basis for assessing how the stock is doing and scientists cannot provide proper advice. Clearly, unless action is taking to address the discarding problem, a great opportunity to rebuild these stocks from the West of Scotland to the Celtic Sea waters would be lost.

- Cod West of Scotland, Irish Sea and Kattegat: the data-poor situation continues to hamper the management of these stocks and there are no signs of rebuilding despite successive important TAC cuts in recent years (-25%).

- Sole Eastern channel: the stock is at historical lowest.

- Norway Lobster: There is a variable situation among the different stock units (functional units) managed under each TAC. In Area VII, and for the Porcupine Bank, ICES notes indications that the spatial and seasonality measures applied since 2009 could be helping protecting the depleted stock, but this means further efforts are needed to undo the damage caused in previous years. Other functional units in the area and also north in West of Scotland waters are giving signs of a positive trend, but all in all, too many functional units remain in a very data-poor state.

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

4. Means used to make the expert advice publicly available

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

Impact assessment

The 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) of the Treaty. 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, in particular, 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.

The policy towards MSY that underlies the Commission’s long-term management approach has been the subject of a detailed analysis and impact assessment in the framework of the reform of the CFP, a process which has materialised in the tabling of a package of proposals on 13 July 2011. The desirability to reach management of stocks consistent with MSY in the mid term has been specific subject of analysis in this context: The Impact Assessment report (SEC(2011) 891) identifies this objective as a necessary condition to achieve environmental, economic and social sustainability. In the long term, environmental, economic and social sustainability are equally important general objectives.

The analysis shows that achieving MSY by the target date implies short term economic and social costs. However, such costs pay off clearly in the longer term. The analysis, however, also shows clearly the crucial and urgent need to improve the knowledge base if the CFP is to be successful. This need affects both the data required for scientific advice on the state of the stocks and the data required to assess and influence the economy and social aspects of the activity. It is in light of this analysis that the current proposal seeks already to move in the right direction with complementary and coherent approaches. First, the proposal pursues the MSY objective decisively when the science basis to do so is available, making thus the best use possible of the scientific advice. Second, for stocks for which data are missing thus preventing management by MSY to be implemented, the proposal takes a rigorous approach based on precautionary considerations. Reducing the need for precautionary measures means, in essence, reducing the uncertainty in the advice. This can only be addressed if the national administrations concerned and the stakeholders collect and provide to the scientists the necessary data.

3. LEGAL ELEMENTS OF THE PROPOSAL

5. Legal basis

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

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

6. Summary of the proposal

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

7. Application

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

8. Subsidiarity principle

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

9. Proportionality principle

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

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

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

10. Choice of instruments

Proposed instrument: Regulation.

4. BUDGETARY IMPLICATION

The proposal has no implication for the Union budget.

5. ADDITIONAL INFORMATION

11. Simplification

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

12. Review/revision/sunset clause

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

13. Detailed explanation of the proposal

This proposal is limited to the fixing and allocation of fishing opportunities and conditions functionally linked to the use of those opportunities.

For an increasing number of stocks, such as for example hake, sole, plaice and Norway lobster, 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 the waters West of Scotland), the proposal follows the rules laid down therein.

As regards cod stocks in the West of Scotland, the Irish Sea and the Kattegat, the advice received notes that they are still failing to recover. Like last year, the Commission proposes a stricter measure than the default TAC reduction imposed by the cod plan[2] harvest rules for data-poor stocks. This follows Article 10(2) of the cod plan, which, according to the advice received, applies in this situation. As announced in its proposal for 2011 already last year, the Commission is proposing 0 TAC. However, this is accompanied by a percentage of permitted by-catch per vessel trip: 1.5% in order to allow landing of unavoidable by-catches which would otherwise have to be discarded. This percentage responds to the realistic level of unavoidable catches that is expected, considering the selective gear for cod in most fisheries. In relation to effort management for cod fisheries, a system based on kilowatt days has been applied since 2009 and will be continued in 2012.

For the effort management for sole in the Western Channel and for southern hake and Norway lobster, the system of management of days at sea per type of vessel having a track record in the fishery, will continue to apply during 2012, 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 Norway lobster fishery, the proposal will rationalise the system applicable to exemptions from the use of allocated days-at-sea. Currently, vessels not catching more than 5 tons of hake or 2.5 of Norway lobster are exempted from the effort limits. Vessels whose hake catches are less than 3% of their overall catch are also exempted. Following the results of the frontloading exercise, the Commission proposes that this latter exemption criterion be revised to become an incentive to hake avoidance. In the proposal, hake catches per trip will be monitored, and if the vessel catches less than 3% of hake – within its overall catch – during a fishing trip, then the relevant Member State may decide not to count the days at sea spent on this trip against the total days-at-sea limits established in Annex IIB of the regulation. This system will incentivise operators to reduce their hake by-catches and in this way, help in reducing fishing mortality on the recovering tock.

Finally, this regulation provides, for the second time in the annual fishing opportunities regulatory exercise, for the adoption of certain TACs by Member States themselves, albeit under an obligation to act in conformity with the objectives of the CFP.

2011/0255 (NLE)

Proposal for a

COUNCIL REGULATION

Fixing for 2012 the fishing opportunities available to Union vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

Whereas:

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

15. Council 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).

16. 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.

17. As regards the scope of this regulation, in its recent Communication concerning a consultation on Fishing Opportunities[4] the Commission foresaw to split the main annual Fishing Opportunities Regulation for 2012 in two instruments. This document represents the first regulation of the two. The TACs for stocks regulated herein are all decided autonomously by the Union, and are available only to Union vessels.

18. Where a total allowable catch (TAC) relating to a stock 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 to determine the level of such TAC. Provisions should 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 shall, with as high a probability as possible, produce maximum sustainable yield from 2015 onwards, including by taking the necessary measures to collect relevant data, assess the stock concerned and determine maximum sustainable yield levels of that stock.

19. Certain TACs allow Member States to grant additional allocations for vessels participating in trials on fully documented fisheries. The aim of those trials is to test a catch-quota system to avoid discards and the waste of otherwise usable fish resources it entails; uncontrolled discards of fish are a threat to the long term sustainability of fish as a public good and thus to the Common Fisheries Policy objectives. By contrast, catch-quota systems inherently present the fishers with an incentive to optimise the catch selectivity of their operations. In order to achieve a rational management of discards, a fully documented fishery must cover every operation at sea, rather than what is landed at port. The conditions for Member States to grant such additional allocations must therefore include an obligation to ensure the use of close circuit television cameras (CCTVs) associated to a system of sensors; this will enable to record in detail all retained and discarded parts of catches. A system based on human observers operating in real time on board would be less efficient, more costly, and less reliable. Consequently, the use of CCTVs is a prerequisite for the achievement of discard reduction schemes such as fully documented fisheries, provided that the requirements of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data[5] are complied with.

20. The TACs should be established on the basis of the available scientific advice, by taking into account the biological and socio-economic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders, in particular at the meetings with the Advisory Committee for Fisheries and Aquaculture and the Regional Advisory Councils concerned.

21. 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 and the Western Channel, of herring to the west of Scotland and of cod in the Kattegat, 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[6]; 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[7]; 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[8]; 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[9]; 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[10]; and Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks.[11]

22. The scientific advice for cod stocks in the West of Scotland, the Irish Sea and the Kattegat notes that those stocks are still failing to recover. A stricter TAC level than the default TAC reduction imposed by the cod plan[12] harvest rules for data-poor stocks should be applied, in accordance with Article 10(2) of that plan.

23. For stocks for which there is not sufficient or reliable data in order to provide size estimates, management measures and TAC levels should follow the precautionary principle as defined in the Communication from the Commission on the Precautionary Principle[13], as well as the approach outlined in the Communication from the Commission concerning a consultation on Fishing Opportunities, while taking into account stock-specific factors, including in particular available information on stock trends and mixed fisheries considerations.

24. In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas[14], the stocks that are subject to the various measures referred to therein should be identified.

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

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

27. It is necessary to establish the fishing effort ceilings for 2012 in accordance with Article 8 of Regulation (EC) No 2166/2005, Article 5 of Regulation (EC) No 509/2007, Articles 11 and 12 of Regulation (EC) No 1342/2008, 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[15].

28. The use of fishing opportunities available to Union vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy[16], 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.

29. In order to avoid the interruption of fishing activities and to ensure the livelihood of the fishermen of the Union, this Regulation should apply from 1 January 2012, except for the provisions concerning fishing effort limits, which should apply from 1 February 2012. For reasons of urgency, this Regulation should enter into force immediately after its publication.

30. Fishing opportunities should be used in full compliance with the applicable law of the Union,

HAS ADOPTED THIS REGULATION:

TITLE I

SCOPE AND DEFINITIONS

Article 1 Subject matter

(1) This Regulation fixes thefishing opportunities available to Union vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements.

(2) The fishing opportunities referred to in paragraph 1 include:

(a) catch limits for the year 2012; and

(b) fishing effort limits for the period from 1 February 2012 to 31 January 2013.

Article 2 Scope

This Regulation shall apply to Union vessels.

Article 3 Definitions

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

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

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

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

(d) 'quota' means a proportion of the TAC allocated to the Union or a Member State;

(e) 'international waters' means waters falling outside the sovereignty or jurisdiction of any State;

(f) 'mesh size' means the mesh size of fishing nets as determined in accordance with Regulation (EC) No 517/2008 ;

(g) 'Union fishing fleet register' means the register set up by the Commission in accordance with Article 15(3) of Regulation (EC) No 2371/2002;

(h)'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 of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic;

(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 (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;

(e) 'Gulf of Cádiz' means the area of ICES division IXa east of longitude 7º 23' 48″ W;

(f) CECAF (Committee for Eastern Central Atlantic Fisheries) areas are as defined in Annex I to Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic.[17]

TITLE II

FISHING OPPORTUNITIES

Article 5 TACs and allocations

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

Article 6 Special provisions on certain TACs

1. The TACs for certain fish stocks shall be determined by the Member State concerned. Those stocks are identified in Annex I.

2. The TACS to be determined by a Member State shall:

31. be consistent with the principles and rules of the Common Fisheries Policy, in particular the principle of sustainable exploitation of the stock; and

32. result, with the highest probability, in the exploitation of the stock consistent with maximum sustainable yield from 2015 onwards.

3. By 28 February 2012, each Member State concerned shall submit to the Commission the following information:

(a) the TACs adopted;

(b) the data collected and assessed by the Member State on which the TACs are based; and

33. details on how the adopted TACs comply with paragraph 2.

Article 7 Additional allocation for vessels participating in trials on fully documented fisheries

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

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

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

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

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

To the extent that the recordings obtained in accordance with point (a) involve the processing of personal data within the meaning of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data,[18] the Directive shall apply to the processing of such data.

39. Where a Member State detects that a vessel participating in trials on fully documented fisheries fails to comply with the conditions set out in paragraph 2, it shall immediately withdraw the additional allocation granted to that vessel and exclude it from participation in those trials for the remainder of the year 2012.

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

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

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

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

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

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

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

Article 8 Conditions for landing catches and by-catches

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

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

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

Article 9 Fishing effort limits

From 1 February 2012 to 31 January 2013, the fishing effort measures laid down in:

49. Annex IIA shall apply for the management of cod stocks in the Kattegat, ICES divisions VIIa and VIa, and Union waters of ICES division Vb.

50. Annex IIB shall apply for the recovery of hake and Norway lobster in ICES divisions VIIIc and IXa, with the exception of the Gulf of Cádiz;

51. Annex IIC shall apply for the management of the sole stock in ICES division VIIe.

Article 10 Special provisions on allocations of fishing opportunities

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

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

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

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

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

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

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

Article 11 Closed fishing season

1. It shall be prohibited to fish or retain onboard any of the following species in the Porcupine Bank during the period from 1 May to 31 July 2012: cod, megrims, anglerfish, haddock, whiting, hake, Norway lobster, plaice, pollack, skates and rays, common sole and spurdog.

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 | 52° 27' N | 12° 19' W |

2 | 52° 40' N | 12° 30' W |

3 | 52° 47' N | 12° 39,600' W |

4 | 52° 47' N | 12° 56' W |

5 | 52° 13,5' N | 13° 53,830' W |

6 | 51° 22' N | 14° 24' W |

7 | 51° 22' N | 14° 03' W |

8 | 52° 10' N | 13° 25' W |

9 | 52° 32' N | 13° 07,500' W |

10 | 52° 43' N | 12° 55' W |

11 | 52° 43' N | 12° 43' W |

12 | 52° 38,800' N | 12° 37' W |

13 | 52° 27' N | 12° 23' W |

14 | 52° 27' N | 12° 19' W |

3. By way of derogation from paragraph 1, transit through the Porcupine Bank, carrying onboard the species referred to in that paragraph, shall be permitted in accordance with Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009.

Article 12 Prohibited species

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

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

54. porbeagle ( Lamna nasus ) in international waters;

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

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

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

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

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

Article 13 Data transmission

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

TITLE III

FINAL PROVISIONS

Article 14 Entry into force and application

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

It shall apply from 1 January 2012.

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

Done at Brussels,

For the Council

The President

LIST OF ANNEXES

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

- Part A: General provisions

- Part B: Kattegat, ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, Union waters of CECAF, French Guyana waters.

- ANNEX IIA: Fishing effort for vessels in the context of the management of cod stocks in the Kattegat, ICES divisions VIIa and VIa, and Union waters of ICES division Vb

- ANNEX IIB: Fishing effort for vessels in the context of the recovery of certain Southern hake and Norway lobster stocks in ICES divisions VIIIc and IXa excluding the Gulf of Cadiz

- ANNEX IIC Fishing effort for vessels in the context of the management of Western Channel sole stocks in ICES division VIIe

ANNEX I

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

PART AGENERAL PROVISIONS

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

All fishing opportunities set out in this Annex shall be subject to the rules set out in Regulation (EC) No 1224/2009, and in particular Articles 33 and 34 thereof.

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 |

Caproidae | BOR | Boarfish |

Centrophorus squamosus | GUQ | Leafscale gulper shark |

Centroscymnus coelolepis | CYO | Portuguese dogfish |

Chaceon maritae | CGE | Deep sea red crab |

Champsocephalus gunnari | ANI | Antarctic icefish |

Chionoecetes spp. | PCR | Snow crab |

Clupea harengus | HER | Herring |

Coryphaenoides rupestris | RNG | Roundnose grenadier |

Dalatias licha | SCK | Kitefin shark |

Deania calcea | DCA | Birdbeak dogfish |

Dipturus batis | RJB | Common skate |

Dissostichus eleginoides | TOP | Patagonian toothfish |

Engraulis encrasicolus | ANE | Anchovy |

Etmopterus princeps | ETR | Great lanternshark |

Etmopterus pusillus | ETP | Smooth lanternshark |

Euphausia superba | KRI | Krill |

Gadus morhua | COD | Cod |

Galeorhinus galeus | GAG | Tope shark |

Glyptocephalus cynoglossus | WIT | Witch flounder |

Hippoglossoides platessoides | PLA | American plaice |

Hippoglossus hippoglossus | HAL | Atlantic halibut |

Hoplostethus atlanticus | ORY | Orange roughy |

Illex illecebrosus | SQI | Shortfin squid |

Lamna nasus | POR | Porbeagle |

Lepidonotothen squamifrons | NOS | Grey rockcod |

Lepidorhombus spp. | LEZ | Megrims |

Leucoraja circularis | RJI | Sandy ray |

Leucoraja fullonica | RJF | Shagreen ray |

Leucoraja naevus | RJN | Cuckoo ray |

Limanda ferruginea | YEL | Yellowtail flounder |

Limanda limanda | DAB | Dab |

Lophiidae | ANF | Anglerfish |

Macrourus spp. | GRV | Grenadiers |

Makaira nigricans | BUM | Blue marlin |

Mallotus villosus | CAP | Capelin |

Martialia hyadesi | SQS | Squid |

Melanogrammus aeglefinus | HAD | Haddock |

Merlangius merlangus | WHG | Whiting |

Merluccius merluccius | HKE | Hake |

Micromesistius poutassou | WHB | Blue whiting |

Microstomus kitt | LEM | Lemon sole |

Molva dypterygia | BLI | Blue ling |

Molva molva | LIN | Ling |

Nephrops norvegicus | NEP | Norway lobster |

Pandalus borealis | PRA | Northern prawn |

Paralomis spp. | PAI | Crabs |

Penaeus spp. | PEN | "Penaeus" shrimps |

Platichthys flesus | FLE | Flounder |

Pleuronectes platessa | PLE | Plaice |

Pleuronectiformes | FLX | Flatfish |

Pollachius pollachius | POL | Pollack |

Pollachius virens | POK | Saithe |

Psetta maxima | TUR | Turbot |

Raja brachyura | RJH | Blonde ray |

Raja clavata | RJC | Thornback ray |

Raja (Dipturus) nidarosiensis | JAD | Norwegian skate |

Raja microocellata | RJE | Small-eyed ray |

Raja montagui | RJM | Spotted ray |

Raja undulata | RJU | Undulate ray |

Rajiformes | SRX | Skates and rays |

Reinhardtius hippoglossoides | GHL | Greenland halibut |

Rostroraja alba | RJA | White skate |

Scomber scombrus | MAC | Mackerel |

Scophthalmus rhombus | BLL | Brill |

Sebastes spp. | RED | Redfish |

Solea solea | SOL | Common sole |

Solea spp. | SOX | Sole |

Sprattus sprattus | SPR | Sprat |

Squalus acanthias | DGS | Spurdog/dogfish |

Tetrapturus albidus | WHM | White marlin |

Thunnus maccoyii | SBF | Southern bluefin tuna |

Thunnus obesus | BET | Bigeye tuna |

Thunnus thynnus | BFT | Bluefin tuna |

Trachurus spp. | JAX | Horse mackerel |

Trisopterus esmarkii | NOP | Norway pout |

Urophycis tenuis | HKW | White hake |

Xiphias gladius | SWO | Swordfish |

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

Alfonsinos | ALF | Beryx spp. |

American plaice | PLA | Hippoglossoides platessoides |

Anchovy | ANE | Engraulis encrasicolus |

Anglerfish | ANF | Lophiidae |

Antarctic icefish | ANI | Champsocephalus gunnari |

Atlantic halibut | HAL | Hippoglossus hippoglossus |

Bigeye tuna | BET | Thunnus obesus |

Birdbeak dogfish | DCA | Deania calcea |

Blonde ray | RJH | Raja brachyura |

Blue ling | BLI | Molva dypterygia |

Blue marlin | BUM | Makaira nigricans |

Blue whiting | WHB | Micromesistius poutassou |

Bluefin tuna | BFT | Thunnus thynnus |

Boarfish | BOR | Caproidae |

Brill | BLL | Scophthalmus rhombus |

Capelin | CAP | Mallotus villosus |

Cod | COD | Gadus morhua |

Common skate | RJB | Dipturus batis |

Common sole | SOL | Solea solea |

Crabs | PAI | Paralomis spp. |

Cuckoo ray | RJN | Leucoraja naevus |

Dab | DAB | Limanda limanda |

Deep sea red crab | CGE | Chaceon maritae |

Flatfish | FLX | Pleuronectiformes |

Flounder | FLE | Platichthys flesus |

Great lanternshark | ETR | Etmopterus princeps |

Greater silver smelt | ARU | Argentina silus |

Greenland halibut | GHL | Reinhardtius hippoglossoides |

Grenadiers | GRV | Macrourus spp. |

Grey rockcod | NOS | Lepidonotothen squamifrons |

Haddock | HAD | Melanogrammus aeglefinus |

Hake | HKE | Merluccius merluccius |

Herring | HER | Clupea harengus |

Horse mackerel | JAX | Trachurus spp. |

Kitefin shark | SCK | Dalatias licha |

Krill | KRI | Euphausia superba |

Leafscale gulper shark | GUQ | Centrophorus squamosus |

Lemon sole | LEM | Microstomus kitt |

Ling | LIN | Molva molva |

Mackerel | MAC | Scomber scombrus |

Megrims | LEZ | Lepidorhombus spp. |

Northern prawn | PRA | Pandalus borealis |

Norway lobster | NEP | Nephrops norvegicus |

Norway pout | NOP | Trisopterus esmarkii |

Norwegian skate | JAD | Raja (Dipturus) nidarosiensis |

Orange roughy | ORY | Hoplostethus atlanticus |

Patagonian toothfish | TOP | Dissostichus eleginoides |

"Penaeus" shrimps | PEN | Penaeus spp. |

Plaice | PLE | Pleuronectes platessa |

Pollack | POL | Pollachius pollachius |

Porbeagle | POR | Lamna nasus |

Portuguese dogfish | CYO | Centroscymnus coelolepis |

Redfish | RED | Sebastes spp. |

Roundnose grenadier | RNG | Coryphaenoides rupestris |

Saithe | POK | Pollachius virens |

Sandeels | SAN | Ammodytes spp. |

Sandy ray | RJI | Leucoraja circularis |

Shagreen ray | RJF | Leucoraja fullonica |

Shortfin squid | SQI | Illex illecebrosus |

Skates and rays | SRX | Rajiformes |

Small-eyed ray | RJE | Raja microocellata |

Smooth lanternshark | ETP | Etmopterus pusillus |

Snow crab | PCR | Chionoecetes spp. |

Sole | SOX | Solea spp. |

Southern bluefin tuna | SBF | Thunnus maccoyii |

Spotted ray | RJM | Raja montagui |

Sprat | SPR | Sprattus sprattus |

Spurdog/dogfish | DGS | Squalus acanthias |

Squid | SQS | Martialia hyadesi |

Starry ray | RJR | Amblyraja radiata |

Swordfish | SWO | Xiphias gladius |

Thornback ray | RJC | Raja clavata |

Tope shark | GAG | Galeorhinus galeus |

Turbot | TUR | Psetta maxima |

Tusk | USK | Brosme brosme |

Undulate ray | RJU | Raja undulata |

White hake | HKW | Urophycis tenuis |

White marlin | WHM | Tetrapturus albidus |

White skate | RJA | Rostroraja alba |

Whiting | WHG | Merlangius merlangus |

Witch flounder | WIT | Glyptocephalus cynoglossus |

Yellowtail flounder | YEL | Limanda ferruginea |

PART BKATTEGAT, ICES SUBAREAS I, II, III, IV, V, VI, VII, VIII, IX, X, XIIAND XIV, UNION WATERS OF CECAF, FRENCH GUYANA WATERS

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

Germany | 21 | Analytical TAC |

France | 7 |

The Netherlands | 17 |

United Kingdom | 32 |

Union | 77 |

TAC | 77 |

.

Species: | Greater silver smelt Argentina silus | Zone: | Union waters of III and IV (ARU/3/4.) |

Denmark | 781 | Analytical TAC |

Germany | 8 |

France | 6 |

Ireland | 6 |

The Netherlands | 37 |

Sweden | 30 |

United Kingdom | 14 |

Union | 882 |

TAC | 882 |

.

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

Germany | 268 | Analytical TAC |

France | 6 |

Ireland | 248 |

The Netherlands | 2 799 |

United Kingdom | 197 |

Union | 3 518 |

TAC | 3 518 |

.

Species: | Tusk Brosme brosme | Zone: | IIIa; Union waters of Subdivisions 22-32 (USK/3A/BCD) |

Denmark | 10 | Analytical TAC |

Sweden | 5 |

Germany | 5 |

Union | 20 |

TAC | 20 |

.

Species: | Boarfish Caproidae | Zone: | Union and international waters of VI, VII and VIII (BOR/678-) |

Denmark | pm | Precautionary TAC |

Ireland | pm |

United Kingdom | pm |

Sweden | pm |

Union | pm |

TAC | pm |

.

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

Ireland | 3 048 | Analytical TAC |

The Netherlands | 305 |

Union | 3 353 |

TAC | 3 353 |

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

.

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

United Kingdom | To be established | (2) | Precautionary TAC |

Union | To be established | (3) |

TAC | To be 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) Article 6 of this Regulation applies. (3) Fixed at the same quantity as determined in accordance with footnote 2. |

.

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

Ireland | 1 031 | Analytical TAC |

United Kingdom | 2 929 |

Union | 3 960 |

TAC | 3 960 |

(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. |

.

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

France | 416 | Precautionary TAC |

United Kingdom | 416 |

Union | 833 |

TAC | 833 |

.

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

Germany | 234 | Analytical TAC |

France | 1 302 |

Ireland | 18 236 |

The Netherlands | 1 302 |

United Kingdom | 26 |

Union | 21 100 |

TAC | 21 100 |

(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. |

.

Species: | Anchovy Engraulis encrasicolus | Zone: | IX and X; Union waters of CECAF 34.1.1 (ANE/9/3411) |

Spain | 3 090 | Analytical TAC |

Portugal | 3 370 |

Union | 6 460 |

TAC | 6 460 |

.

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

Denmark | 0 | Analytical TAC |

Germany | 0 |

Sweden | 0 |

Union | 0 |

TAC | 0 | (1) |

(1) By-catch of cod in the area covered by this TAC may be landed provided that it does not comprise more than 1.5 % of the live weight of the total catch retained on board per fishing trip. |

.

Species: | Cod Gadus morhua | Zone: | VIb; Union and international waters of Vb west of 12° 00' W and of XII and XIV (COD/5W6-14) |

Belgium | 0 | Precautionary TAC |

Germany | 2 |

France | 19 |

Ireland | 7 |

United Kingdom | 31 |

Union | 59 |

TAC | 59 |

.

Species: | Cod Gadus morhua | Zone: | VIa; Union and international waters of Vb east of 12° 00' W (COD/5BE6A) |

Belgium | 0 | Analytical TAC |

Germany | 0 |

France | 0 |

Ireland | 0 |

United Kingdom | 0 |

Union | 0 |

TAC | 0 | (1) |

(1) By-catch of cod in the area covered by this TAC may be landed provided that it does not comprise more than 1.5 % of the live weight of the total catch retained on board per fishing trip. |

Species: | Cod Gadus morhua | Zone: | VIIa (COD/07A.) |

Belgium | 0 | Analytical TAC |

France | 0 |

Ireland | 0 |

The Netherlands | 0 |

United Kingdom | 0 |

Union | 0 |

TAC | 0 | (1) |

(1) By-catch of cod in the area covered by this TAC may be landed provided that it does not comprise more than 1.5 % of the live weight of the total catch retained on board per fishing trip. |

.

Species: | Cod Gadus morhua | Zone: | VIIb, VIIc, VIIe-k, VIII, IX and X; Union waters of CECAF 34.1.1 (COD/7XAD34) |

Belgium | 432 | Analytical TAC Article 11 of this Regulation applies. |

France | 7 080 |

Ireland | 1 403 |

The Netherlands | 1 |

United Kingdom | 763 |

Union | 9 679 |

TAC | 9 679 |

.

Species: | Porbeagle Lamna nasus | Zone: | French Guyana waters, Kattegat; Union waters of Skagerrak, I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV; Union waters of CECAF 34.1.1, 34.1.2 and 34.2 (POR/3-1234) |

Denmark | pm | (1) | Analytical TAC |

France | pm | (1) |

Germany | pm | (1) |

Ireland | pm | (1) |

Spain | pm | (1) |

United Kingdom | pm | (1) |

Union | pm | (1) |

(1) |

TAC | pm | (1) |

(1) When accidentally caught, this species shall not be harmed. Specimens shall be promptly released. |

.

Species: | Megrims Lepidorhombus spp. | Zone: | Union waters of IIa and IV (LEZ/2AC4-C) |

Belgium | 5 | Analytical TAC |

Denmark | 4 |

Germany | 4 |

France | 26 |

The Netherlands | 20 |

United Kingdom | 1 509 |

Union | 1 568 |

TAC | 1 568 |

.

Species: | Megrims Lepidorhombus spp. | Zone: | VI; Union and international waters of Vb; international waters of XII and XIV (LEZ/56-14) |

Spain | 327 | Analytical TAC |

France | 1 276 |

Ireland | 373 |

United Kingdom | 903 |

Union | 2 879 |

TAC | 2 879 |

.

Species: | Megrims Lepidorhombus spp. | Zone: | VII (LEZ/07.) |

Belgium | 371 | Analytical TAC Article 11 of this Regulation applies. |

Spain | 4 118 |

France | 4 996 |

Ireland | 2 272 |

United Kingdom | 1 968 |

Union | 13 725 |

TAC | 13 725 |

.

Species: | Megrims Lepidorhombus spp. | Zone: | VIIIa, VIIIb, VIIId and VIIIe (LEZ/8ABDE.) |

Spain | 750 | Analytical TAC |

France | 605 |

Union | 1 355 |

TAC | 1 355 |

.

Species: | Megrims Lepidorhombus spp. | Zone: | VIIIc, IX and X; Union waters of CECAF 34.1.1 (LEZ/8C3411) |

Spain | 1 091 | Analytical TAC |

France | 55 |

Portugal | 36 |

Union | 1 182 |

TAC | 1 182 |

.

Species: | Anglerfish Lophiidae | Zone: | VI; Union and international waters of Vb; international waters of XII and XIV (ANF/56-14) |

Belgium | 147 | Analytical TAC |

Germany | 168 |

Spain | 157 |

France | 1 810 |

Ireland | 409 |

The Netherlands | 142 |

United Kingdom | 1 259 |

Union | 4 092 |

TAC | 4 092 |

.

Species: | Anglerfish Lophiidae | Zone: | VII (ANF/07.) |

Belgium | 2 238 | (1) | Analytical TAC Article 11 of this Regulation applies. |

Germany | 250 | (1) |

Spain | 889 | (1) |

France | 14 362 | (1) |

Ireland | 1 835 | (1) |

The Netherlands | 290 | (1) |

United Kingdom | 4 355 | (1) |

Union | 24 219 | (1) |

TAC | 24 219 | (1) |

(1) Special condition: of which up to 5 % may be fished in VIIIa, VIIIb, VIIId and VIIIe (ANF/*8ABDE). |

.

Species: | Anglerfish Lophiidae | Zone: | VIIIa, VIIIb, VIIId and VIIIe (ANF/8ABDE.) |

Spain | 989 | Analytical TAC |

France | 5 501 |

Union | 6 490 |

TAC | 6 490 |

.

Species: | Anglerfish Lophiidae | Zone: | VIIIc, IX and X; Union waters of CECAF 34.1.1 (ANF/8C3411) |

Spain | 2 750 | Analytical TAC |

France | 3 |

Portugal | 547 |

Union | 3 300 |

TAC | 3 300 |

.

Species: | Haddock Melanogrammus aeglefinus | Zone: | Union and international waters of Vb and VIa (HAD/5BC6A.) |

Belgium | 6 | Analytical TAC |

Germany | 7 |

France | 276 |

Ireland | 197 |

United Kingdom | 2 020 |

Union | 2 506 |

TAC | 2 506 |

.

Species: | Haddock Melanogrammus aeglefinus | Zone: | VIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1 (HAD/7X7A34) |

Belgium | 111 | Analytical TAC Article 11 of this Regulation applies. |

France | 6 658 |

Ireland | 2 219 |

United Kingdom | 999 |

Union | 9 987 |

TAC | 9 987 |

.

Species: | Haddock Melanogrammus aeglefinus | Zone: | VIIa (HAD/07A.) |

Belgium | 16 | Analytical TAC |

France | 71 |

Ireland | 428 |

United Kingdom | 473 |

Union | 988 |

TAC | 988 |

.

Species: | Whiting Merlangius merlangus | Zone: | VI; Union and international waters of Vb; international waters of XII and XIV (WHG/56-14) |

Germany | 1 | Analytical TAC |

France | 30 |

Ireland | 72 |

United Kingdom | 139 |

Union | 242 |

TAC | 242 |

.

Species: | Whiting Merlangius merlangus | Zone: | VIIa (WHG/07A.) |

Belgium | 0 | Analytical TAC |

France | 6 |

Ireland | 35 |

The Netherlands | 0 |

United Kingdom | 48 |

Union | 89 |

TAC | 89 |

.

Species: | Whiting Merlangius merlangus | Zone: | VIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh, VIIj and VIIk (WHG/7X7A-C) |

Belgium | 121 | Analytical TAC Article 11 of this Regulation applies. |

France | 7 455 |

Ireland | 3 455 |

The Netherlands | 61 |

United Kingdom | 1 334 |

Union | 12 426 |

TAC | 12 426 |

.

Species: | Whiting Merlangius merlangus | Zone: | VIII (WHG/08.) |

Spain | 1 080 | Precautionary TAC |

France | 1 619 |

Union | 2 699 |

TAC | 2 699 |

.

Species: | Whiting Merlangius merlangus | Zone: | IX and X; Union waters of CECAF 34.1.1 (WHG/9/3411) |

Portugal | To be established | (1) | Precautionary TAC |

Union | To be established | (2) |

TAC | To be established | (2) |

(1) Article 6 of this Regulation applies. (2) Fixed at the same quantity as determined in accordance with footnote 1. |

.

Species: | Hake Merluccius merluccius | Zone: | IIIa; Union waters of Subdivisions 22-32 (HKE/3A/BCD) |

Denmark | 1 366 | Analytical TAC |

Sweden | 116 |

Union | 1 482 |

TAC | 1 482 | (1) |

(1) Within an overall TAC of 49 175 tonnes for the northern stock of hake. |

.

Species: | Hake Merluccius merluccius | Zone: | Union waters of IIa and IV (HKE/2AC4-C) |

Belgium | 25 | Analytical TAC |

Denmark | 997 |

Germany | 115 |

France | 221 |

The Netherlands | 57 |

United Kingdom | 311 |

Union | 1 726 |

TAC | 1 726 | (1) |

(1) Within an overall TAC of 49 175 tonnes for the northern stock of hake. |

.

Species: | Hake Merluccius merluccius | Zone: | VI and VII; Union and international waters of Vb; international waters of XII and XIV (HKE/571214) |

Belgium | 253 | (1) | Analytical TAC Article 11 of this Regulation applies. |

Spain | 8 129 |

France | 12 552 | (1) |

Ireland | 1 521 |

The Netherlands | 164 | (1) |

United Kingdom | 4 956 | (1) |

Union | 27 575 |

TAC | 27 575 | (2) |

(1) Transfers of this quota may be effected to Union waters of IIa and IV. However, such transfers must be notified in advance to the Commission. (2) Within an overall TAC of 49 175 tonnes for the northern stock of hake. |

Special condition: |

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

VIIIa, VIIIb, VIIId and VIIIe (HKE/*8ABDE) |

Belgium | 33 |

Spain | 1 311 |

France | 1 311 |

Ireland | 164 |

The Netherlands | 16 |

United Kingdom | 738 |

Union | 3573 |

.

Species: | Hake Merluccius merluccius | Zone: | VIIIa, VIIIb, VIIId and VIIIe (HKE/8ABDE.) |

Belgium | 8 | (1) | Analytical TAC |

Spain | 5 659 |

France | 12 708 |

The Netherlands | 16 | (1) |

Union | 18 391 |

TAC | 18 391 | (2) |

(1) Transfers of this quota may be effected to IV and Union waters of IIa. However, such transfers must be notified in advance to the Commission. (2) Within an overall TAC of 49 175 tonnes for the northern stock of hake. |

Special condition: |

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

VI and VII; Union and international waters of Vb; international waters of XII and XIV (HKE/*57-14) |

Belgium | 2 |

Spain | 1 639 |

France | 2 950 |

The Netherlands | 5 |

Union | 4596 |

.

Species: | Hake Merluccius merluccius | Zone: | VIIIc, IX and X; Union waters of CECAF 34.1.1 (HKE/8C3411) |

Spain | 7 870 | Analytical TAC |

France | 756 |

Portugal | 3 673 |

Union | 12 299 |

TAC | 12 299 |

.

Species: | Blue ling Molva dypterygia | Zone: | International waters of XII (BLI/12INT-)(1) |

Estonia | 1 | Analytical TAC |

Spain | 582 |

France | 14 |

Lithuania | 5 |

United Kingdom | 5 |

Others | 1 | (1) |

Union | 611 |

TAC | 611 |

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

.

Species: | Ling Molva molva | Zone: | IIIa; Union waters of IIIbcd (LIN/3A/BCD) |

Belgium | 6 | (1) | Analytical TAC |

Denmark | 43 |

Germany | 6 | (1) |

Sweden | 17 |

United Kingdom | 6 | (1) |

Union | 78 |

TAC | 78 |

(1) Quota may be fished in Union waters of IIIa and Union waters of IIIbcd only. |

.

Species: | Norway lobster Nephrops norvegicus | Zone: | Union waters of IIa and IV (NEP/2AC4-C) |

Belgium | 1 091 | Analytical TAC |

Denmark | 1 091 |

Germany | 16 |

France | 32 |

The Netherlands | 561 |

United Kingdom | 18 058 |

Union | 20 849 |

TAC | 20 849 |

.

Species: | Norway lobster Nephrops norvegicus | Zone: | VI; Union and international waters of Vb (NEP/5BC6.) |

Spain | 28 | Analytical TAC |

France | 113 |

Ireland | 189 |

United Kingdom | 13 620 |

Union | 13 950 |

TAC | 13 950 |

.

Species: | Norway lobster Nephrops norvegicus | Zone: | VII (NEP/07.) |

Spain | 1 053 | (1) | Analytical TAC Article 11 of this Regulation applies |

France | 4 268 | (1) |

Ireland | 6 473 | (1) |

United Kingdom | 5 757 | (1) |

Union | 17 551 | (1) |

TAC | 17 551 | (1) |

(1) Special condition: of which no more than the following quotas may be taken in VII (Porcupine Bank – Unit 16) (NEP/*07U16): |

Spain | 285 |

France | 179 |

Ireland | 342 |

United Kingdom | 139 |

Union | 945 |

.

Species: | Norway lobster Nephrops norvegicus | Zone: | VIIIa, VIIIb, VIIId and VIIIe (NEP/8ABDE.) |

Spain | 199 | Analytical TAC |

France | 3 115 |

Union | 3 314 |

TAC | 3 314 |

.

Species: | Norway lobster Nephrops norvegicus | Zone: | VIIIc (NEP/08C.) |

Spain | 79 | Analytical TAC |

France | 3 |

Union | 82 |

TAC | 82 |

.

Species: | Norway lobster Nephrops norvegicus | Zone: | IX and X; Union waters of CECAF 34.1.1 (NEP/9/3411) |

Spain | 68 | Analytical TAC |

Portugal | 205 |

Union | 273 |

TAC | 273 |

.

Species: | "Penaeus" shrimps Penaeus spp. | Zone: | French Guyana waters (PEN/FGU.) |

France | To be established | (1) (2) | Precautionary TAC |

Union | To be established | (2) (3) |

TAC | To be established | (2) (3) |

(1) Article 6 of this Regulation applies. (2) Fishing for shrimps Penaeus subtilis and Penaeus brasiliensis is prohibited in waters less than 30 metres deep. (3) Fixed at the same quantity as determined in accordance with footnote 1. |

.

Species: | Plaice Pleuronectes platessa | Zone: | VI; Union and international waters of Vb; international waters of XII and XIV (PLE/56-14) |

France | 16 | Precautionary TAC |

Ireland | 215 |

United Kingdom | 358 |

Union | 589 |

TAC | 589 |

.

Species: | Plaice Pleuronectes platessa | Zone: | VIIa (PLE/07A.) |

Belgium | 62 | Analytical TAC |

France | 27 |

Ireland | 488 |

The Netherlands | 19 |

United Kingdom | 624 |

Union | 1 220 |

TAC | 1 220 |

.

Species: | Plaice Pleuronectes platessa | Zone: | VIIb and VIIc (PLE/7BC.) |

France | 13 | Precautionary TAC Article 11 of this Regulation applies. |

Ireland | 53 |

Union | 66 |

TAC | 66 |

.

Species: | Plaice Pleuronectes platessa | Zone: | VIId and VIIe (PLE/7DE.) |

Belgium | 684 | Analytical TAC |

France | 2 279 |

United Kingdom | 1 216 |

Union | 4 179 |

TAC | 4 179 |

.

Species: | Plaice Pleuronectes platessa | Zone: | VIIf and VIIg (PLE/7FG.) |

Belgium | 76 | Analytical TAC |

France | 139 |

Ireland | 21 |

United Kingdom | 72 |

Union | 308 |

TAC | 308 |

.

Species: | Plaice Pleuronectes platessa | Zone: | VIIh, VIIj and VIIk (PLE/7HJK.) |

Belgium | 9 | Analytical TAC Article 11 of this Regulation applies. |

France | 17 |

Ireland | 61 |

The Netherlands | 35 |

United Kingdom | 17 |

Union | 139 |

TAC | 139 |

.

Species: | Plaice Pleuronectes platessa | Zone: | VIII, IX and X; Union waters of CECAF 34.1.1 (PLE/8/3411) |

Spain | 56 | Precautionary TAC |

France | 224 |

Portugal | 56 |

Union | 336 |

TAC | 336 |

.

Species: | Pollack Pollachius pollachius | Zone: | VI; Union and international waters of Vb; international waters of XII and XIV (POL/56-14) |

Spain | 4 | Precautionary TAC |

France | 143 |

Ireland | 42 |

United Kingdom | 109 |

Union | 298 |

TAC | 298 |

.

Species: | Pollack Pollachius pollachius | Zone: | VII (POL/07.) |

Belgium | 315 | Precautionary TAC Article 11 of this Regulation applies. |

Spain | 19 |

France | 7 249 |

Ireland | 773 |

United Kingdom | 1 765 |

Union | 10 121 |

TAC | 10 121 |

.

Species: | Pollack Pollachius pollachius | Zone: | VIIIa, VIIIb, VIIId and VIIIe (POL/8ABDE.) |

Spain | 214 | Precautionary TAC |

France | 1 046 |

Union | 1 260 |

TAC | 1 260 |

.

Species: | Pollack Pollachius pollachius | Zone: | VIIIc (POL/08C.) |

Spain | 176 | Precautionary TAC |

France | 20 |

Union | 196 |

TAC | 196 |

.

Species: | Pollack Pollachius pollachius | Zone: | IX and X; Union waters of CECAF 34.1.1 (POL/9/3411) |

Spain | 232 | Precautionary TAC |

Portugal | 8 |

Union | 240 |

TAC | 240 |

.

Species: | Saithe Pollachius virens | Zone: | VII, VIII, IX and X; Union waters of CECAF 34.1.1 (POK/7/3411) |

Belgium | 7 | Precautionary TAC Article 11 of this Regulation applies |

France | 1 599 |

Ireland | 800 |

United Kingdom | 436 |

Union | 2 842 |

TAC | 2 842 |

.

Species: | Skates and rays Rajiformes | Zone: | Union waters of IIa and IV (SRX/2AC4-C) |

Belgium | pm | (1) (2)(3) | Analytical TAC |

Denmark | pm | (1) (2)(3) |

Germany | pm | (1) (2)(3) |

France | pm | (1) (2)(3) |

The Netherlands | pm | (1) (2)(3) |

United Kingdom | pm | (1) (2)(3) |

Union | pm | (1)(3) |

TAC | pm | (3) |

(1) Catches of cuckoo ray (Leucoraja naevus) (RJN/2AC4-C), thornback ray (Raja clavata) (RJC/2AC4-C), blonde ray (Raja brachyura) (RJH/2AC4-C), spotted ray (Raja montagui) (RJM/2AC4-C) and starry ray (Amblyraja radiata) (RJR/2AC4-C) shall be reported separately. (2) By-catch quota. These species shall not comprise more than 25 % by live weight of the catch retained on board per fishing trip. This condition applies only to vessels over 15 metres' length overall. (3) Does not apply to common skate (Dipturus batis). When accidentally caught, these species shall not be harmed. Specimens shall be promptly released.. Fishers shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species. |

.

Species: | Skates and rays Rajiformes | Zone: | Union waters of IIIa (SRX/03A-C.) |

Denmark | pm | (1) (2) | Analytical TAC |

Sweden | pm | (1) (2) |

Union | pm | (1)(2) |

TAC | pm | (2) |

(1) Catches of cuckoo ray (Leucoraja naevus) (RJN/03A-C.), thornback ray (Raja clavata) (RJC/03A-C.), blonde ray (Raja brachyura) (RJH/03A-C.), spotted ray (Raja montagui) (RJM/03A-C.) and starry ray (Amblyraja radiata) (RJR/03A-C.) shall be reported separately. (2) Does not apply to common skate (Dipturus batis). When accidentally caught, this species shall not be harmed. Specimens shall be promptly released.. Fishers shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species. |

.

Species: | Skates and rays Rajiformes | Zone: | Union waters of VIa, VIb, VIIa-c and VIIe-k (SRX/67AKXD) |

Belgium | pm | (1) (2) (3) | Analytical TAC Article 11 of this Regulation applies. |

Estonia | pm | (1) (2) (3) |

France | pm | (1) (2) (3) |

Germany | pm | (1) (2) (3) |

Ireland | pm | (1) (2) (3) |

Lithuania | pm | (1) (2) (3) |

Netherlands | pm | (1) (2) (3) |

Portugal | pm | (1) (2) (3) |

Spain | pm | (1) (2) (3) |

United Kingdom | pm | (1) (2) (3) |

Union | pm | (1) (2) (3) |

TAC | pm | (2) |

(1) Catches of cuckoo ray (Leucoraja naevus) (RJN/67AKXD), thornback ray (Raja clavata) (RJC/67AKXD), blonde ray (Raja brachyura) (RJH/67AKXD), spotted ray (Raja montagui) (RJM/ 67AKXD), small-eyed ray (Raja microocellata) (RJE/67AKXD), sandy ray (Leucoraja circularis) (RJI/67AKXD) and shagreen ray (Leucoraja fullonica) (RJF/67AKXD) shall be reported separately. (2) Does not apply to undulate ray (Raja undulata), common skate (Dipturus batis), Norwegian skate (Raja (Dipturus) nidarosiensis) and white skate (Rostroraja alba). When accidentally caught, these species shall not be harmed. Specimens shall be promptly released.. Fishers shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species. (3) Special condition: of which up to 5 % may be fished in Union waters of VIId (SRX/*07D.). |

.

Species: | Skates and rays Rajiformes | Zone: | Union waters of VIId (SRX/07D.) |

Belgium | pm | (1) (2) (3) | Analytical TAC |

France | pm | (1) (2) (3) |

The Netherlands | pm | (1) (2) (3) |

United Kingdom | pm | (1) (2) (3) |

Union | pm | (1) (2) (3) |

TAC | pm | (2) |

(1) Catches of Cuckoo ray (Leucoraja naevus) (RJN/07D.), thornback ray (Raja clavata) (RJC/07D.), blonde ray (Raja brachyura) (RJH/07D.), spotted ray (Raja montagui) (RJM/07D.) and starry ray (Amblyraja radiata) (RJR/07D.) shall be reported separately. (2) Does not apply to common skate (Dipturus batis) and undulate ray (Raja undulata). When accidentally caught, this species shall not be harmed. Specimens shall be promptly released.. Fishers shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species. (3) Special condition: of which up to 5 % may be fished in Union waters of VIa, VIb, VIIa-c and VIIe-k (SRX/*67AKD). |

.

Species: | Skates and rays Rajiformes | Zone: | Union waters of VIII and IX (SRX/89-C.) |

Belgium | pm | (1) (2) | Analytical TAC |

France | pm | (1) (2) |

Portugal | pm | (1) (2) |

Spain | pm | (1) (2) |

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

Union | pm | (1) (2) |

TAC | pm | (2) |

(1) Catches of cuckoo ray (Leucoraja naevus) (RJN/89-C.), thornback ray (Raja clavata) (RJC/89-C.) shall be reported separately. (2) Does not apply to undulate ray (Raja undulata), common skate (Dipturus batis) and white skate (Rostroraja alba). When accidentally caught, this species shall not be harmed. Specimens shall be promptly released. Fishers shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species. |

.

Species: | Common sole Solea solea | Zone: | IIIa; Union waters of Subdivisions 22-32 (SOL/3A/BCD) |

Denmark | 437 | Analytical TAC |

Germany | 25 | (1) |

The Netherlands | 42 | (1) |

Sweden | 16 |

Union | 520 |

TAC | 520 | (2) |

(1) Quota may be fished in Union waters of IIIa, Subdivisions 22-32 only. (2) Special condition: of which no more than 461 tonnes may be fished in IIIa. |

.

Species: | Common sole Solea solea | Zone: | VI; Union and international waters of Vb; international waters of XII and XIV (SOL/56-14) |

Ireland | 41 | Precautionary TAC |

United Kingdom | 10 |

Union | 51 |

TAC | 51 |

.

Species: | Common sole Solea solea | Zone: | VIIa (SOL/07A.) |

Belgium | 109 | Analytical TAC |

France | 1 |

Ireland | 27 |

The Netherlands | 34 |

United Kingdom | 49 |

Union | 220 |

TAC | 220 |

.

Species: | Common sole Solea solea | Zone: | VIIb and VIIc (SOL/7BC.) |

France | 6 | Precautionary TAC Article 11 of this Regulation applies. |

Ireland | 31 |

Union | 37 |

TAC | 37 |

.

Species: | Common sole Solea solea | Zone: | VIId (SOL/07D.) |

Belgium | 1 427 | Analytical TAC |

France | 2 854 |

United Kingdom | 1 019 |

Union | 5 300 |

TAC | 5 300 |

.

Species: | Common sole Solea solea | Zone: | VIIe (SOL/07E.) |

Belgium | 27 | (1) | Analytical TAC |

France | 293 | (1) |

United Kingdom | 457 | (1) |

Union | 777 |

TAC | 777 |

(1) In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit of an additional 5 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation. |

.

Species: | Common sole Solea solea | Zone: | VIIf and VIIg (SOL/7FG.) |

Belgium | 663 | Analytical TAC |

France | 66 |

Ireland | 33 |

United Kingdom | 298 |

Union | 1 060 |

TAC | 1 060 |

.

Species: | Common sole Solea solea | Zone: | VIIh, VIIj, and VIIk (SOL/7HJK.) |

Belgium | 30 | Analytical TAC Article 11 of this Regulation applies. |

France | 60 |

Ireland | 162 |

The Netherlands | 48 |

United Kingdom | 60 |

Union | 360 |

TAC | 360 |

.

Species: | Common sole Solea solea | Zone: | VIIIa and VIIIb (SOL/8AB.) |

Belgium | 47 | Analytical TAC |

Spain | 8 |

France | 3 442 |

The Netherlands | 258 |

Union | 3 755 |

TAC | 3 755 |

.

Species: | Sole Solea spp. | Zone: | VIIIc, VIIId, VIIIe, IX and X; Union waters of CECAF 34.1.1 (SOX/8CDE34) |

Spain | 343 | Precautionary TAC |

Portugal | 568 |

Union | 911 |

TAC | 911 |

.

Species: | Sprat Sprattus sprattus | Zone: | VIId and VIIe (SPR/7DE.) |

Belgium | 20 | Precautionary TAC |

Denmark | 1 321 |

Germany | 20 |

France | 285 |

The Netherlands | 285 |

United Kingdom | 2 135 |

Union | 4 066 |

TAC | 4 066 |

.

Species: | Spurdog/dogfish Squalus acanthias | Zone: | Union waters of IIIa (DGS/03A-C.) |

Denmark | pm | Analytical TAC |

Sweden | pm |

Union | pm |

TAC | pm |

.

Species: | Spurdog/dogfish Squalus acanthias | Zone: | Union waters of IIa and IV (DGS/2AC4-C) |

Belgium | pm | (1) | Analytical TAC |

Denmark | pm | (1) |

Germany | pm | (1) |

France | pm | (1) |

The Netherlands | pm | (1) |

Sweden | pm | (1) |

United Kingdom | pm | (1) |

Union | (1) |

TAC | pm | (1) |

(1) [Catches taken with longlines of tope shark (Galeorhinus galeus), kitefin shark (Dalatias licha), bird beak dogfish (Deania calcea), leafscale gulper shark (Centrophorus squamosus), greater lanternshark (Etmopterus princeps), smooth lanternshark (Etmopterus pusillus), Portuguese dogfish (Centroscymnus coelolepis) and spurdog (Squalus acanthias) are included. When accidentally caught, these species shall not be harmed. Specimens shall be promptly released.] |

.

Species: | Spurdog/dogfish Squalus acanthias | Zone: | Union and international waters of I, V, VI, VII, VIII, XII and XIV (DGS/15X14) |

Belgium | pm | (1) | Analytical TAC Article 11 of this Regulation applies. |

Germany | pm | (1) |

Spain | pm | (1) |

France | pm | (1) |

Ireland | pm | (1) |

The Netherlands | pm | (1) |

Portugal | pm | (1) |

United Kingdom | pm | (1) |

Union | pm | (1) |

TAC | pm | (1) |

(1) [Catches taken with longlines of tope shark (Galeorhinus galeus), kitefin shark (Dalatias licha), bird beak dogfish (Deania calcea), leafscale gulper shark (Centrophorus squamosus), greater lanternshark (Etmopterus princeps), smooth lanternshark (Etmopterus pusillus), Portuguese dogfish (Centroscymnus coelolepis) and spurdog (Squalus acanthias) are included. When accidentally caught, these species shall not be harmed. Specimens shall be promptly released.] |

.

Species: | Horse mackerel Trachurus spp. | Zone: | VIIIc (JAX/08C.) |

Spain | pm | (1) (2) | Analytical TAC |

France | pm | (1) |

Portugal | pm | (1) (2) |

Union | pm |

TAC | pm |

(1) Of which, notwithstanding Article 19 of Regulation (EC) No 850/98[19], no more than 5 % may consist of horse mackerel between 12 and 14 cm. For the purposes of the control of this quantity, the conversion factor to be applied to the weight of the landings shall be 1,20. (2) Special condition: up to 5 % of this quota may be fished in zone IX. However, the use of this special condition must be notified in advance to the Commission (JAX/*09.). |

.

Species: | Horse mackerel Trachurus spp. | Zone: | IX (JAX/09.) |

Spain | pm | (1) (2) | Analytical TAC |

Portugal | pm | (1) (2) |

Union | pm |

TAC | pm |

(1) Of which, notwithstanding Article 19 of Regulation (EC) No 850/98, no more than 5 % may consist of horse mackerel between 12 and 14 cm. For the purposes of the control of this quantity, the conversion factor to be applied to the weight of the landings shall be 1,20. (2) Special condition: up to 5 % of this quota may be fished in zone VIIIc. However, the use of this special condition must be notified in advance to the Commission (JAX/*08C). |

.

Species: | Horse mackerel Trachurus spp. | Zone: | X; Union waters of CECAF(1) (JAX/X34PRT) |

Portugal | To be established | (2)(3) | Precautionary TAC |

Union | To be established | (4) |

TAC | To be established | (4) |

(1) Waters adjacent to the Azores. (2) Of which, notwithstanding Article 19 of Regulation (EC) No 850/98, no more than 5 % may consist of horse mackerel between 12 and 14 cm. For the purposes of the control of this quantity, the conversion factor to be applied to the weight of the landings shall be 1,20. (3) Article 6 of this Regulation applies. (4) Fixed at the same quantity as determined in accordance with footnote 3. |

.

Species: | Horse mackerel Trachurus spp. | Zone: | Union waters of CECAF (1) (JAX/341PRT) |

Portugal | To be established | (2)(3) | Precautionary TAC |

Union | To be established | (4) |

TAC | To be established | (4) |

(1) Waters adjacent to Madeira. (2) Of which, notwithstanding Article 19 of Regulation (EC) No 850/98, no more than 5 % may consist of horse mackerel between 12 and 14 cm. For the purposes of the control of this quantity, the conversion factor to be applied to the weight of the landings shall be 1,20. (3) Article 6 of this Regulation applies. (4) Fixed at the same quantity as determined in accordance with footnote 3. |

.

Species: | Horse mackerel Trachurus spp. | Zone: | Union waters of CECAF(1) (JAX/341SPN) |

Spain | To be established | (2) | Precautionary TAC |

Union | To be established | (3) |

TAC | To be established | (3) |

(1) Waters adjacent to the Canary Islands. (2) Article 6 of this Regulation applies. (3) Fixed at the same quantity as determined in accordance with footnote 2. |

ANNEX IIA

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF COD STOCKS IN THE KATTEGAT, ICES DIVISIONS VIIa, AND VIa, AND UNION WATERS OF ICES DIVISION Vb

1. SCOPE

1.1. This Annex shall apply to Union vessels carrying on board or deploying any of the gears referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and present in any of the geographical areas referred to in point 2 of this Annex.

1.2. This Annex shall not apply to vessels of less than 10 metres' length overall. Those vessels shall not be required to carry special fishing permits issued in accordance with Article 7 of Regulation (EC) No 1627/94. Member States concerned shall assess the fishing effort of those vessels by effort groups to which they belong, using appropriate sampling methods. During 2012, the Commission shall seek scientific advice for evaluating the effort deployment of those vessels, with a view to their future inclusion into the effort regime.

2. REGULATED GEARS AND GEOGRAPHICAL AREAS

For the purposes of this Annex, the gear groupings referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and the groupings of geographical areas referred to in points 2(a), 2(c) and 2(d) of that Annex shall apply.

3. AUTHORISATIONS

If a Member State deems so appropriate in order to reinforce the sustainable implementation of this effort regime, it may introduce a prohibition to fish with a regulated gear in any of the geographical areas to which this Annex applies by any of its vessels which has no record of such fishing activity, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in that area.

4. MAXIMUM ALLOWABLE FISHING EFFORT

4.1. The maximum allowable effort referred to in Article 12(1) of Regulation (EC) No 1342/2008 for the 2012 management period, from 1 February 2012 to 31 January 2013, for each of the effort groups of each Member State is set out in Appendix 1 to this Annex.

4.2. The maximum levels of annual fishing effort set in accordance with Regulation (EC) No 1954/2003[20] shall not affect the maximum allowable fishing effort set in this Annex.

5. MANAGEMENT

5.1. Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 4 and Articles 13 to 17 of Regulation (EC) No 1342/2008 and Articles 26 to 35 of Regulation (EC) No 1224/2009.

5.2. A Member State may establish management periods for allocating all or parts of the maximum allowable effort to individual vessels or groups of vessels. In such case, the number of days or hours for which a vessel may be present within the area during a management period shall be fixed at the discretion of the Member State concerned. During any such management periods, the Member State may reallocate effort between individual vessels or groups of vessels.

5.3. If a Member State authorises vessels to be present within an area by hours, it shall continue measuring the consumption of days in accordance with the conditions referred to in point 5.1.. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of effort within the area due to a vessel terminating presences in the area before the end of a 24-hour period.

6. FISHING EFFORT REPORT

Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood, for the purpose of cod management, as each of the geographical areas referred to in point 2 of this Annex.

7. COMMUNICATION OF RELEVANT DATA

7.1. Without prejudice to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States shall transmit to the Commission, on its request, the data on fishing effort deployed by their fishing vessels in the previous month and the months before, using the reporting format set out in Appendix 2.

7.2. The data shall be sent to the appropriate electronic mailbox address, which the Commission shall communicate to the Member States. When a data transfer to the Fisheries Data Exchange System (or any future data system decided by the Commission) will become operational, the Member State shall transmit the data to the system before the fifteenth of each month, referring to the effort deployed up to the end of the previous month. The Commission shall notify Member States the date at which the system shall be used for transmission at least two months in advance of the first due date. The first fishing effort declaration that will be sent to the system shall include the effort deployed since 1 February 2012. Member States shall transmit to the Commission, on its request, the data on fishing effort deployed by their fishing vessels during the month of January 2012.

Appendix 1 to Annex IIA

Maximum allowable fishing effort in kilowatt days

Geographical area: | Regulated gear | DK | DE | SE |

(a) Kattegat | TR1 | 197 929 | 4 212 | 16 610 |

TR2 | 830 041 | 5 240 | 327 506 |

TR3 | 441 872 | 0 | 490 |

BT1 | 0 | 0 | 0 |

BT2 | 0 | 0 | 0 |

GN | 115 456 | 26 534 | 13 102 |

GT | 22 645 | 0 | 22 060 |

LL | 1 100 | 0 | 25 339 |

Geographical area | Regulated gear | BE | FR | IE | NL | UK |

(c) ICES division VIIa | TR1 | 0 | 48 193 | 33 539 | 0 | 339 592 |

TR2 | 10 166 | 744 | 438 035 | 0 | 1 088 238 |

TR3 | 0 | 0 | 1 422 | 0 | 0 |

BT1 | 0 | 0 | 0 | 0 | 0 |

BT2 | 843 782 | 0 | 514 584 | 200 000 | 111 693 |

GN | 0 | 471 | 18 255 | 0 | 5 970 |

GT | 0 | 0 | 0 | 0 | 158 |

LL | 0 | 0 | 0 | 0 | 70 614 |

Geographical area | Regulated gear | BE | DE | ES | FR | IE | UK |

(d) ICES division VIa and Union waters of ICES division Vb | TR1 | 0 | 6 272 | 0 | 1 485 589 | 473 011 | 1 033 273 |

TR2 | 0 | 0 | 0 | 34 926 | 14 371 | 2 972 845 |

TR3 | 0 | 0 | 0 | 0 | 273 | 16 027 |

BT1 | 0 | 0 | 0 | 0 | 0 | 117 544 |

BT2 | 0 | 0 | 0 | 0 | 3 801 | 4 626 |

GN | 0 | 35 442 | 13 836 | 150 198 | 5 697 | 213 454 |

GT | 0 | 0 | 0 | 0 | 1 953 | 145 |

LL | 0 | 0 | 1 402 142 | 163 130 | 4 250 | 630 040 |

Appendix 2 to Annex IIA

Table I |

Reporting format |

Member State | Gear | Area | Year | Month | Cumulative declaration |

(1) | (2) | (3) | (4) | (5) | (6) |

Table II |

Data format |

Name of field | Maximum number of characters/digits | Alignment[21] L(eft)/R(ight) | Definition and comments |

(1) Member State | 3 | — | Member State (Alpha-3 ISO code) in which the vessel is registered |

(2) Gear | 3 | — | One of the following gear types TR1 TR2 TR3 BT1 BT2 GN GT LL |

(3) Area | 8 | L | One of the following areas 03AS 07A 06A |

(4) Year | 4 | — | The year of the month for which the declaration is done |

(5) Month | 2 | — | Month for which the fishing effort declaration is done (expressed by two digits between 01 and 12) |

(6) Cumulative declaration | 13 | R | Cumulative amount of fishing effort expressed in kilowatt days from 1 January of the year (4) until the end of the month (5) |

ANNEX IIB

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN SOUTHERN HAKE AND NORWAY LOBSTER STOCKS IN ICES DIVISIONS VIIIc AND IXa EXCLUDING THE GULF OF CADIZ

CHAPTER I GENERAL PROVISIONS

1. SCOPE

This Annex shall apply to Union vessels of 10 metres' length overall or more carrying on board or deploying trawls, Danish seines or similar gears of mesh size equal to or larger than 32 mm and gill-nets of mesh size equal to or larger than 60 mm or bottom longlines, and present in ICES divisions VIIIc and IXa excluding the Gulf of Cadiz.

2. DEFINITIONS

For the purposes of this Annex:

(a) 'gear grouping' means the grouping of trawls, Danish seines or similar gears of mesh size equal to or larger than 32 mm and gill-nets of mesh size equal to or larger than 60 mm and bottom longlines;

(b) 'regulated gear' means any of the two gear categories belonging to the gear grouping;

(c) 'area' means ICES divisions VIIIc and IXa excluding the Gulf of Cadiz;

(d) '2012 management period' means the period from 1 February 2012 to 31 January 2013;

(e) 'special conditions' means the special conditions set out in point 6.1. .

3. LIMITATION IN ACTIVITY

Without prejudice to Article 29 of Regulation (EC) No 1224/2009, each Member State shall ensure that, when carrying on board any regulated gear, Union vessels flying its flag shall be present within the area for no more than the number of days specified in Chapter III of this Annex.

CHAPTER II

AUTHORISATIONS

4. AUTHORISED VESSELS

4.1. A Member State shall not authorise fishing with a regulated gear in the area by any of its vessels which have no record of such fishing activity in the years 2002 to 2011 in the area, excluding the record of fishing activities as a result of transfer of days between fishing vessels, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the area.

4.2. A vessel flying the flag of a Member State having no quotas in the area shall not be authorised to fish in the area with a regulated gear, unless the vessel is allocated a quota after a transfer as permitted in accordance with Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea in accordance with point 11 or 12 of this Annex.

CHAPTER III NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO UNION VESSELS

5. MAXIMUM NUMBER OF DAYS

5.1. During the 2012 management period, the maximum number of days at sea for which a Member State may authorise a vessel flying its flag to be present within the area having carried on board any regulated gear is shown in Table I.

5.2. If a vessel is able to demonstrate that its hake catches represent less than 3% of the total live weight of fish caught in a given fishing trip, the flag Member State of the vessel shall be allowed not to count the days at sea associated with that fishing trip against the applicable maximum number of days at sea as set out in Table I.

6. SPECIAL CONDITIONS FOR THE ALLOCATION OF DAYS

6.1. For the purposes of fixing the maximum number of days at sea an Union vessel may be authorised by its flag Member State to be present within the area, the following special conditions shall apply in accordance with Table I:

(a) the total landings of hake in the year 2009 or 2010 made by the vessel must represent less than 5 tonnes according to the landings in live weight; and

(b) the total landings of Norway lobster in the year 2009 or 2010 made by the vessel must represent less than 2,5 tonnes according to the landings in live weight.

6.2. If a vessel has received an unlimited number of days resulting from compliance with the special conditions, the vessel's landings in the 2012 management period shall not exceed 5 tonnes of the total landings in live weight of hake and 2,5 tonnes of the total landings in live weight of Norway lobster.

6.3. When either of the special conditions is not met by a vessel, that vessel shall with immediate effect no longer be entitled to the allocation of days corresponding to the given special condition.

6.4. The application of the special conditions referred to in point 6.1. might be transferred from one vessel to one or more other vessels which replace that vessel in the fleet, provided that the replacing vessel uses similar gear and does not have in any year of its operation a record of landings of hake and Norway lobster higher than the quantities specified in point 6.1.

Table I |

Maximum number of days a vessel may be present within the area by fishing gear per year |

Special condition | Regulated gear | Maximum number of days |

Bottom trawls, Danish seines and similar trawls of mesh size ≥32 mm, gill-nets of mesh size ≥60 mm and bottom longlines | ES | 142 |

FR | 128 |

PT | 155 |

5.2.(a) and 5.2.(b) | Bottom trawls, Danish seines and similar trawls of mesh size ≥32 mm, gill-nets of mesh size ≥60 mm and bottom longlines | Unlimited |

7. KILOWATT DAY SYSTEM

7.1. A Member State may manage its fishing effort allocations in accordance with a kilowatt days system. By that system it may authorise any vessel concerned for any regulated gear and special conditions as set out in Table I to be present within the area for a maximum number of days which is different from that set out in that Table, provided that the overall amount of kilowatt days corresponding to the regulated gear and to the special conditions is respected.

7.2. This overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of that Member State and qualified for the regulated gear and, where applicable, the speci