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 fishing opportunities exercise represents an annual management cycle (biennial in the case of deep sea stocks). 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. Yearly TACs and effort ceilings must comply with them.

Scope

For 2014, the Commission has taken into account the wishes of Member States to return to one single text for the General fishing opportunities regulation, as opposed to the approach taken in 2012 and 2013. In each of those years two separate texts were proposed and adopted: one for fishing opportunities on which the EU decides alone and another one comprising the fishing opportunities that are fixed on the basis of decisions taken in the framework of bilateral or multilateral negotiations. Accordingly, the structure and recurring text of this proposal has been based on merging such separate regulations adopted in 2013 (Council Regulations (EU) No 39/2013 and (EU) No 40/2013).

Regarding the fishing opportunities resulting from agreed measures in a multilateral or bilateral fisheries agreement or process, the Union intervenes on the basis of a position stemming from scientific advice and its own policy objectives, which apply equally to internal EU decisions. The outcome of such negotiations implies the Union's consent to assume obligations vis-à-vis third parties. The Union has no substantive margin of discretion beyond the internal allocation among Member States when it comes to implementing such decisions in Union law. As for internal allocation, the principle of relative stability applies. In that respect, the proposal covers:

· Shared stocks, i.e. stocks that are jointly managed with Norway in the North Sea and the Skagerrak, or related to North East Atlantic Fisheries Commission (NEAFC) Coastal State Agreements.

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

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

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

– certain catch limitations and other recommendations from the relevant RFMOs are pending because their annual meetings have not taken place yet; or

– for stocks in Greenland waters, as well as shared stocks or stocks exchanged with Norway and other third countries, the figures are not available yet, pending the conclusion of consultations in November and December 2014 with those countries.

Stock overview

As usual, the Commission has reviewed the situation to which the fishing opportunities proposals must respond via its annual Communication from the Commission concerning a consultation on Fishing Opportunities (COM(2013)319 final, hereinafter "Communication"). The Communication provides an overview of the state of the stocks based on the findings of the scientific advice issued in 2012. On the positive side, the Communication reports that, among the stocks for which a full analysis is available, those fished above sustainable levels have fallen from 86 % in 2009 to 39% in 2013. However, some trends are still observed that give rise to concern. For instance, the number of stocks under an advice to reduce catches to the lowest possible level has increased. Furthermore, in terms of data, Member States have not fully complied with their reporting requirements which are key to facilitating a robust analysis of the status of various stocks.

In response to the Commission's request, the International Council for the Exploration of the Seas (ICES) provided in July its annual advice on most fish stocks covered by this proposal. ICES has taken into account the orientations presented by the Commission in its Communication. This advice was reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF) at its summer plenary.

Scientific advice delivered by those two bodies is essentially dependent on data: only stocks for which there is sufficient and reliable data can be fully assessed, so that stock size estimates are produced, as well as a forecast of how they will react to the various exploitation scenarios (this is referred to as "catch options tables"). Where sufficient data is available, the Scientific bodies are able to provide estimates of adjustments to the fishing opportunities that will bring the stock to produce its maximum sustainable yield (MSY). The advice is then referred to as "MSY advice". In other cases, the Scientific bodies rely on the precautionary approach to make recommendations as to what the level of fishing opportunities should be. The methodology followed by ICES to that end is presented in ICES published material pertaining to the implementation of advice for data limited stocks[1].

The main group of TACs proposed belong to Annex IA. This annex carries 152 TACs for stocks fished in the Skagerrak, Kattegat, ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, EU waters of CECAF and French Guiana waters. Of these TACs, 23 are covered by MSY advice. As for the rest:

· 13 TACs are proposed in line with long-term management plans e.g.. management plans stemming from specific CFP regulations in force, Commission proposals for management plans not yet adopted, or management plans put forward by Regional Advisory Councils (RACs) and evaluated as precautionary by scientific advisory bodies.

· 55 TACs concern data-limited stocks, for which a full assessment is not available. Of these, 21 TACs are proposed at the same level as in 2012, following a joint statement by the Council and the Commission whereby the fishing opportunities would be kept stable unless scientific advice became available showing that the stock is deteriorating. The rationale for this decision lies in the fact that most of these stocks are by-catches in mixed fisheries and there is no real incidence of TAC changes on the evolution of their status, whereas recurrent TAC cuts may give rise to regulatory discards.

· The remaining TACs are at this stage shown in “pm” (pro memoria) due to the fact that the related scientific advice is not yet available or depends on international negotiations or agreements to be concluded later in the year. For these stocks, the proposal will need to be updated as the advice becomes available.

All the proposed fishing opportunities respond to the scientific advice received by the Commission as to the state of the stocks, which has been used in the manner outlined in the Communication.

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

(a) Consultation methods, main sectors targeted and general profile of respondents

The Commission has consulted stakeholders, in particular through the RACs, and Member States on its proposed approach to its various fishing opportunities proposals on the basis of its Communication on Fishing Opportunities for 2014.

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.

Furthermore, the Commission organised an event for stakeholders in September 2013, at which the outcomes of the scientific advice and its key implications were presented and discussed.

(b) Summary of responses and how they were taken into account

The response to the Commission Consultation on Fishing Opportunities mentioned above 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.

Member States

The only Member State that has reacted to the Communication at the time of writing this explanatory memorandum is the United Kingdom. In its response, the United Kingdom appreciates the Commission’s efforts to ensure consistency with the Common Fisheries Policy reform package, as well as the Marine Strategy Framework Directive. It supports MSY objectives by 2015 where possible and, as regards the precautionary approach, it calls for pragmatism and a case-by-case approach to the setting of TACs.

North Western Waters RAC (NWWRAC)

The NWWRAC agrees with the objective enshrined in the political agreement on the Common Fisheries Policy reform whereby stocks should be exploited at MSY level by 2015 where possible and by 2020 at the latest. The NWWRAC recognises that improvements in gear selectivity are a priority in its area of interest, and takes note of the specific concerns raised by the Communication regarding whitefish (cod, haddock and whiting) in the Irish Sea and the West of Scotland. As regards scientific advice, while the NWWRAC welcomes the new advisory methodology introduced by ICES in 2012, it also expects a more sophisticated solution to be developed for data-limited stocks, and in order to do so it intends to continue working closely with ICES and national scientists on data availability and quality.

Collection and use of expertise

As for the methodology used, the Commission consulted, as already noted, the International Council for the Exploration of the Sea (ICES) and its Scientific, Technical and Economic Committee for Fisheries (STECF). Advice from ICES is based on an advice framework developed by its expert groups and decision-making bodies and issued in accordance with the Memorandum of Understanding agreed with the Commission. The STECF gives its advice following terms of reference that it receives from the Commission.

The ultimate objective of the Union is to bring the stocks to levels that can deliver Maximum Sustainable Yield (MSY). This objective has been incorporated expressly in the Commission proposal for a reformed Common Fisheries Policy[2]. In June 2013, the co-legislators reached a political agreement on this proposal that foresees, among others, that the MSY objective "…shall be achieved by 2015, where possible, and by 2020 for all stocks at the latest." The express inclusion of this objective in the Basic Regulation of the CFP reflects the commitment taken by the Union regarding the conclusions of the 2002 World Summit on Sustainable Development in Johannesburg and its related Plan of Implementation. Such texts foresee that States commit, where possible, to maintain or restore depleted fish stocks to maximum sustainable yield levels not later than 2015. As already noted, for some stocks this information is indeed available. Among these figure very important stocks in terms of volume of catches and commercial value such as hake, cod, anglerfish, sole, megrims, haddock and Norway lobster.

Reaching the MSY objective may, in certain cases, need a reduction in fishing mortality rates and/or a reduction in catches. Against this background, this proposal makes use of the MSY advice, where available. Some stocks have been already exploited at MSY levels in the past recent years. The proposed TACs in this case seek to ensure that these levels are maintained, or where the advice shows that harvesting went beyond MSY in 2012, reduce fishing mortality to return the stocks to sustainable exploitation rates. For stocks which have not yet reached MSY rates, the TACs proposed are consistent with MSY 2015. This approach follows the principles presented in the Communication on fishing opportunities for 2014.

For data-limited stocks, the scientific advisory bodies issue recommendations as to whether to reduce, stabilise or allow catches to increase. ICES advice has in many cases provided quantitative guidance about such variations, based on their methodology of a +/- 20% maximum change in catches from one year to the other, on precautionary grounds. This guidance has been used to set the TACs proposed. Where there is no scientific advice at all, the precautionary approach has been followed, meaning precautionary TAC reductions by 20%.

For some stocks (mainly widely distributed stocks, sharks and rays) the advice will be issued in the autumn. This proposal will need to be updated as appropriate once that advice is received. Finally, as mentioned above, for 13 stocks the advice is used for the purpose of implementing agreed management plans.

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

Iberian waters

While anglerfish and megrims are in good condition and exploited sustainably, some of the Norway lobster stocks remain depleted. The southern hake biomass continues to increase, despite the fact that the fishing pressure on the stock is still high. The positive response of the stock may therefore be due to favourable environmental conditions. In order to maximise the gains from this trend, fishing effort reductions in accordance with the applicable long-term management plan for this stock are warranted.

Bay of Biscay

The stock of common sole in the Bay of Biscay remains in suboptimal condition; ICES advises TAC cuts for the third year in a row. However, the TAC is shown as “pm” (pro memoria) in this proposal because the relevant stakeholders have put forward measures for the long-term management of this stock, and the Commission awaits scientific advice on such proposed measures (expected in November 2013).

Celtic Sea

Less fish is entering the fishery, and biomass has decreased for stocks of high economic importance in this area. Accordingly, significant TAC cuts are proposed where scientific advice calls for them, e.g. for cod and haddock. High levels of discards are a persistent problem, not just in the whitefish fishery, but also in the flatfish fishery: sole and plaice are caught together, yet scientific advice calls for opposite management actions, i.e. a reduction for sole and an increase for plaice. The problem is compounded by the technical difficulty of achieving selectivity for sole (i.e. allowing this species to avoid being retained in the fishing gear, while keeping plaice).

West of Scotland

In this area, whitefish (cod, whiting, haddock) is in poor condition, subject to unsustainable levels of discards. Cod is failing to recover and a 0 TAC is proposed, even though management by TAC alone may not suffice to stop its decline. In fact, the situation may be worsened by the advice, which will be issued in November, for Norway lobster. If, as expected, that advice allows for a Norway lobster TAC increase, there will be more fishing for this stock and a risk of ever more unwanted catches of whitefish stocks. Selectivity measures will therefore become a pressing issue. ICES has not yet been able to identify any change in cod mortality resulting from the current selectivity measures adopted by the fleets operating in this area.

Irish Sea

The state of cod and whiting stocks in this area remain of concern. Similarly to the situation in the West of Scotland, whitefish discard rates are high and current selectivity measures seem insufficient. The stocks of sole and plaice are in a comparable situation to that of the Celtic Sea.

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

Means used to make the expert advice publicly available

All STECF reports are available on the DG MARE website. All ICES reports are available on ICES' website.

Impact assessment

The fishing opportunities regulation is not an instrument that allows the Council 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, technical measures, 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 the fishing opportunities regulation to make adjustments in order 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 long as they remain valid and in force. 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 may not be in place, the proposal seeks to avoid short-term approaches in favour of long-term sustainability decisions, taking into account initiatives from stakeholders and RACs if they have been positively reviewed by ICES and/or STECF. 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 materialised in the tabling of a package of proposals on 13 July 2011 and has now reached the stage where the co-legislators agree on the desirability of setting the MSY objective among those that must guide the implementation of the CFP over the next decade (see section 2, above). The Commission's reform proposal was duly developed on the basis of an Impact Assessment (SEC(2011) 891) in the context of which the MSY objective was analysed. Its conclusions identify this objective as a necessary condition to achieve environmental, economic and social sustainability. The co-legislators have accepted the rationale underlying the Commission's reform proposal and reached political agreement in June last whereby the MSY target "…shall be achieved by 2015, where possible, and by 2020 for all stocks at the latest."

As regards RFMO fishing opportunites and stocks which are shared with third countries, this proposal essentially transposes internationally agreed measures. Any elements relevant to assess possible impacts of the fishing opportunities are dealt with in the preparation and conduct phase of international negotiations in the framework of which the Union's fishing opportunities are agreed with third parties.

3. LEGAL ELEMENTS OF THE PROPOSAL

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.

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.

Application

The provisions in the area of the proposal are applicable until 31 December 2014, with the exception of certain provisions on effort limitations which are applicable until 31 January 2015, and certain TACs with specific seasonal cycles (e.g. Capelin in Greenland waters).

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.

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.

Choice of instruments

Proposed instrument: Regulation.

4. BUDGETARY IMPLICATION

The proposal has no implication for the Union budget.

5. ADDITIONAL INFORMATION

Simplification

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

Review/revision/sunset clause

The proposal concerns an annual Regulation for the year 2014 and therefore does not include a revision clause.

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 a number of stocks, such as 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 stocks for which the industry has proposed a long-term management strategy which has been assessed as effective and precautionary by scientific advisory bodies (e.g. herring in the Celtic Sea), the proposal follows the harvest control rules laid down therein.

As regards cod stocks in the Kattegat, the advice for 2014 is the same as the advice for 2013, i.e. that on the basis of precautionary considerations there should be no directed fisheries of this species in this area, and bycatch and discards should be minimised. This data-limited stock thus falls under Article 9 of the cod plan[3]; in consequence, a TAC reduction of 20% is proposed. The same provision is applicable to cod in the Irish Sea, so here a 20% reduction is also proposed. As regards cod in the West of Scotland, advice on the basis of the MSY approach recommends avoiding directed fisheries and minimising bycatch and discards in 2014; in consequence, as in 2013, the Commission proposes a 0 TAC with a 1,5% landing allowance. The predicament of cod in the West of Scotland is extremely serious: There has been no real reduction in fishing effort in this area, based on alternative measures to avoid cod and reduce cod discards which, in practice, are not proving effective in light of recurrent high discard estimates (currently at around 71%). The stock is clearly at impaired reproductive capacity, with low biomass, and low recruitment. In these conditions, even a zero TAC – although the only advisable option – cannot ensure alone the recovery of the stock. It needs to be complemented with additional measures to effectively avoid unwanted catches and reduce discards signficantly.

As for fishing opportunities set in this regulation in terms of fishing effort, these concern cod stocks, sole in the Western Channel and southern hake and Norway lobster. These stocks are regulated by their respective management plans. In the case of the three cod stocks mentioned above (Kattegat, Irish Sea, West of Scotland), a real cut in fishing effort is imperative, also for the reasons mentioned above, and thus effort reductions are proposed according to Article 12(4)(b) of the plan. In the case of southern hake and Norway lobster and of Western Channel sole, the system of management of days at sea per type of vessel having a track record in the fishery will continue to apply during 2014, 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. In the case of the Western channel sole fishery, the proposal aims to streamline the establishment of effort ceilings (additional days) applicable to each Member State, in a way that has already proven efficient as regards the Southern hake and Norway lobster fishery in the fishing opportunities since 2011. In this way, from 2014 onwards, the actual figure for each Member State will be specified in the fishing opportunities regulation. This will allow a more transparent process to re-allocate days at sea recovered from scrapped vessels in this fishery, and which results in specific figures for each Member State.

This regulation empowers, for the fourth time in the annual fishing opportunities regulatory exercise, relevant Member States to adopt certain TACs by themselves, albeit under an obligation to act in conformity with the objectives of the CFP.

Also, as mentioned above, the proposal also includes catch limitations agreed in the context of certain RFMOs and arising from negotiations with third countries (shared stocks), most of which remain "pro memoria" for the time being and until conclusion of the relevant international negotiations.

2013/0366 (NLE)

Proposal for a

COUNCIL REGULATION

fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

Whereas:

(1) Council Regulation (EC) No 2371/2002[4] 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), as well as in the light of any advice received from Regional Advisory Councils.

(2) It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, 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.

(3) The total allowable catch (TACs) should be established on the basis of available scientific advice, taking into account 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 of the Regional Advisory Councils concerned.

(4) 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 Southern hake and Norway lobster, of sole in the Western Channel, of plaice and sole in the North Sea, of herring to the west of Scotland, of cod in the Kattegat, to the west of Scotland, the Irish Sea, the North Sea, Skagerrak and the Eastern Channel and of bluefin tuna in the Eastern Atlantic and the Mediterranean should be established in accordance with the rules laid down in: Council Regulation (EC) No 2166/2005[5]; Council Regulation (EC) No 509/2007[6]; Council Regulation (EC) No 676/2007[7]; Council Regulation (EC) No 1300/2008[8]; Council Regulation (EC) No 1342/2008[9] (the "Cod Plan") and Council Regulation (EC) No 302/2009[10]. With regard, however, to the stocks of Northern hake (Council Regulation (EC) No 811/2004[11]) and sole in the Bay of Biscay (Council Regulation (EC) No 388/2006[12]), the minimum targets of the relevant recovery and management plans have been reached and, therefore, it is appropriate to follow scientific advice provided in order to achieve or maintain the TACs at maximum sustainable yield levels, as the case may be.

(5) For stocks for which there is no sufficient or reliable data in order to provide size estimates, management measures and TAC levels should follow the precautionary approach to fisheries management as defined in point (i) of Article 3 of Regulation (EC) No 2371/2002, while taking into account stock-specific factors, including, in particular, available information on stock trends and mixed fisheries considerations.

(6) In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996[13], the stocks that are subject to the various measures referred to therein should be identified.

(7) Where a TAC relating to a stock is allocated to one Member State only, it is appropriate to empower that Member State 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.

(8) It is necessary to establish the fishing effort ceilings for 2014 in accordance with Article 8 of Regulation (EC) No 2166/2005, Article 9 of Regulation (EC) No 676/2007, Article 5 of Regulation (EC) No 509/2007, Articles 11 and 12 of Regulation (EC) No 1342/2008 and Articles 5 and 9 of Regulation No 302/2009, while taking into account Council Regulation (EC) No 754/2009[14].

(9) In the light of the most recent scientific advice from ICES and in accordance with the international commitments in the context of the North East Atlantic Fisheries Convention (NEAFC), it is necessary to limit the fishing effort on certain deep-sea species.

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

(11) The use of fishing opportunities available to EU vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009[15], and in particular to Articles 33 and 34 of that Regulation, 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.

(12) For certain TACs Member States should be allowed 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, i.e. a system where all catches should be landed and counted against quotas in order to avoid discards and the waste of otherwise usable fish resources they entail. 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 should cover every operation at sea, rather than what is landed at port. The conditions for Member States to grant such additional allocations should therefore include an obligation to ensure the use of close circuit television cameras (CCTV) associated to a system of sensors (jointly referred to as "CCTV system"). This should enable the recording, in detail, of 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 CCTV systems is, at this time, a prerequisite for the achievement of discard reduction schemes such as fully documented fisheries. In the use of such system, the requirements of Directive 95/46/EC of the European Parliament and of the Council[16] should be complied with.

(13) In order to ensure that trials of fully documented fisheries can effectively evaluate the potential of catch-quota systems to control the absolute fishing mortality of the stocks concerned, it is necessary for all fish caught in those trials, including those under minimum landing size, to be counted against the total allocation assigned to the participating vessel, and for fishing operations to cease when that total allocation has been fully utilised by that vessel. It is also appropriate to allow transfers of allocations between vessels participating in the fully documented fisheries trials and non-participating vessels provided that it can be demonstrated that discards by non-participating vessels do not increase.

(14) It is appropriate, following advice from the International Council for the Exploration of the Sea (ICES), to maintain and revise a system to manage sandeel in EU waters of ICES divisions IIa and IIIa and ICES subarea IV.

(15) [To be completed after consultations with Norway]

(16) [To be completed after the annual meeting of the International Commission for the Conservation of Atlantic Tunas (ICCAT)].

(17) Pursuant to the Accession of the Republic of Croatia to the European Union in July 2013, provisions on fishing opportunities for Croatia are included in this Regulation.

(18) [To be completed after the annual meeting of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)].

(19) At its Annual Meeting in 2013, the Indian Ocean Tuna Commission (IOTC) adopted a Resolution aiming at the protection of oceanic whitetip sharks and applicable to fishing vessels on the IOTC Record of Authorised Vessels by prohibiting, as an interim pilot measure, to retain on board, tranship, land or store any part or whole carcass of oceanic whitetip shark. The resolution provides for an exception for artisanal fisheries, namely fishing vessels engaged in fishing operations within the Exclusive Economic Zones (EEZs) of the Member State whose flag they fly.

(20) [To be completed after the annual meeting of the South Pacific Regional Fisheries Management Organisation (SPRFMO)].

(21) At its 84th Annual Meeting in 2013, the Inter-American Tropical Tuna Commission (IATTC) maintained its conservation measures for yellowfin tuna, bigeye tuna and skipjack tuna. IATTC also maintained its resolution on the conservation of oceanic whitetip sharks. Those measures should continue to be implemented in the law of the Union.

(22) [To be completed after the annual meeting of the South East Atlantic Fisheries Organisation (SEAFO)].

(23) [To be completed after the annual meeting of the Western and Central Pacific Fisheries Commission (WCPFC)].

(24) [To be completed after measures are adopted in the context of the Convention on the Conservation and Management of Pollock resources in the central Bering Sea].

(25) At its 35th Annual Meeting in 2013, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a number of fishing opportunities for 2014 of certain stocks in Subareas 1-4 of the NAFO Convention Area. In that context, NAFO adopted a procedure for increase of the TAC for white hake in NAFO Subdivision 3NO fixed for 2014, if certain conditions related to the situation of this stock are met. A Contracting Party to NAFO may notify to the Executive Secretary of NAFO that higher than normal catches per unit of effort have been observed for the stock of white hake in NAFO Subdivision 3NO. If the in-year 2014 TAC increase is confirmed by a positive vote within NAFO, it should be implemented into the law of the Union and the quotas of the member States concerned should be increased.

(26) Certain international measures which create or restrict fishing opportunities for the Union are adopted by the relevant Regional Fisheries Management Organisations (RFMOs) at the end of the year and become applicable before the entry into force of this Regulation. It is therefore necessary for the provisions that implement such measures in the law of the Union to apply retroactively. In particular, since the fishing season in CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) Convention Area runs from 1 December to 30 November, and thus certain fishing opportunities or prohibitions in the CCAMLR Convention Area are laid down for a period of time starting from 1 December 2013, it is appropriate that the relevant provisions of this Regulation apply from that date. Such retroactive application will be without prejudice to the principle of legitimate expectations as CCAMLR members are forbidden to fish in the CCAMLR Convention Area without authorisation.

(27) In accordance with the declaration by the Union to the Bolivarian Republic of Venezuela ("Venezuela") on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of Venezuela in the EZZ off the coast of French Guyana[17], it is necessary to fix the fishing opportunities for snappers available to Venezuela in EU waters.

(28) In order to ensure uniform conditions for the implementation concerning the granting to an individual Member State an authorisation to benefit from the system of managing its fishing effort allocations in accordance with a kilowatt/days system, implementing powers should be conferred on the Commission.

(29) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission relating to granting of additional days at sea for permanent cessation of fishing activities and for enhanced scientific observer coverage as well as to establishing the formats of spreadsheet for the collection and transmission of information concerning transfer of days at sea between fishing vessels flying the flag of a Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011[18].

(30) 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 2014, except for the provisions concerning fishing effort limits, which should apply from 1 February 2014, and certain provisions in particular regions, which should have a specific date of application. For reasons of urgency, this Regulation should enter into force immediately after its publication.

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

HAS ADOPTED THIS REGULATION:

TITLE I GENERAL PROVISIONS

Article 1 Subject matter

1. This Regulation fixes the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks.

2. The fishing opportunities referred to in paragraph 1 shall include:

(a) catch limits for the year 2014 and, where specified in this Regulation, for the year 2015;

(b) fishing effort limits for the period from 1 February 2014 to 31 January 2015;

(c) fishing opportunities for the period from 1 December 2013 to 30 November 2014 for certain stocks in the CCAMLR Convention Area;

(d) fishing opportunities for the periods set out in Article 32 for certain stocks in the IATTC Convention Area for the year 2014 and, where specified in this Regulation, for the year 2015.

Article 2 Scope

This Regulation shall apply to the following vessels:

(a) EU vessels;

(b) third-country vessels in EU waters.

Article 3 Definitions

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

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

(b) 'third-country vessel' means a fishing vessel flying the flag of, and registered in, a third country;

(c) 'EU waters' means waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent to the overseas countries and territories listed in Annex II to the Treaty;

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

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

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

(g) 'analytical assessments' means a quantitative evaluation of trends in a given stock, based on data about the stock's biology and exploitation, which scientific review has indicated to be of sufficient quality to provide scientific advice on options for future catches.

(h) 'mesh size' means the mesh size of fishing nets as determined in accordance with Commission Regulation (EC) No 517/2008[19];

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

(j) '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 the geographical areas specified in Annex III to Regulation (EC) No 218/2009[20];

(b) 'Skagerrak' means the geographical 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 geographical 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) 'Functional Unit 16 of ICES Subarea VII' means the geographical 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 geographical area of ICES division IXa east of longitude 7º 23' 48″ W;

(f) CECAF (Committee for Eastern Central Atlantic Fisheries) areas are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council[21];

(g) NAFO (Northwest Atlantic Fisheries Organisation) areas are the geographical areas specified in Annex III to Regulation (EC) No 217/2009 of the European Parliament and of the Council[22];

(h) 'SEAFO (South East Atlantic Fisheries Organisation) Convention Area' is the geographical area defined in the Convention on the Conservation and Management of Fishery Resources in the South‑East Atlantic Ocean[23];

(i) 'ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention Area' is the geographical area defined in the International Convention for the Conservation of Atlantic Tunas[24];

(j) 'CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) Convention Area' is the geographical area defined in point (a) of Article 2 of Regulation (EC) No 601/2004[25];

(k) 'IATTC (Inter American Tropical Tuna Commission) Convention Area' is the geographical area defined in the Convention for the Strengthening of the Inter‑American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica[26];

(l) 'IOTC (Indian Ocean Tuna Commission) Convention Area' is the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission[27];

(m) 'SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area' is the high seas geographical area south of 10o N, north of the CCAMLR Convention Area, east of the SIOFA Convention Area as defined in the Southern Indian Ocean Fisheries Agreement[28], and west of the areas of fisheries jurisdictions of South American States;

(n) 'the WCPFC (Western and Central Pacific Fisheries Commission) Convention Area' is the geographical area defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean[29];

(o) 'high seas of the Bering Sea' is the geographical area of the high seas of the Bering Sea beyond 200 nautical miles from the baselines from which the breadth of the territorial sea of the coastal States of the Bering Sea is measured.

(p) 'overlap area between IATTC and WCPFC' is the geographical area defined by the following limits:

– longitude 150º W,

– longitude 130º W,

– latitude 4º S,

– latitude 50º S.

TITLE II FISHING OPPORTUNITIES FOR EU VESSELS

Chapter I General provisions

Article 5 TACs and allocations

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

2. EU vessels are authorised to make catches, within the TACs set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the condition set out in Article 14 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008[30] and its implementing provisions.

3. For the purposes of the special condition laid down in Annex IA for the stock of sandeel in EU waters of ICES zones IIa, IIIa and IV, the management areas defined in Annex IID shall apply.

Article 6 TACs to be determined by Member States

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:

(a) be consistent with the principles and rules of the Common Fisheries Policy, in particular the principle of sustainable exploitation of the stock; and

(b) result:

(i) if analytical assessments are available, in the exploitation of the stock consistent with maximum sustainable yield from 2015 onwards, with as high a probability as possible;

(ii) if analytical assessments are unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.

3. By 15 March 2014, 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 concerned on which the TACs adopted are based;

(c) details on how the TACs adopted comply with paragraph 2.

Article 7 Conditions for landing catches and by-catches

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

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

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

Article 8 Fishing effort limits

1. From 1 February 2014 to 31 January 2015, the following fishing effort measures shall apply:

(a) Annex IIA for the management of certain cod, sole, and plaice stocks in the Kattegat, the Skagerrak, that part of ICES division IIIa not covered by the Skagerrak and the Kattegat, ICES subarea IV and ICES divisions VIa, VIIa and VIId and EU waters of ICES divisions IIa and Vb;

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

(c) Annex IIC for the management of the sole stock in ICES division VIIe.

Article 9 Catch and effort limits for deep-sea fisheries

2. Article 3(1) of Regulation (EC) No 2347/2002[31] establishing the requirement of holding a deep‑sea fishing permit shall apply to Greenland halibut. The catching, retaining on board, transhipping and landing of Greenland halibut shall be subject to the conditions referred to in that Article.

3. Member States shall ensure that for 2014 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits referred to in Article 3(1) of Regulation (EC) No 2347/2002 do not exceed 65 % of the average annual fishing effort deployed by the vessels of the Member State concerned in 2003 on trips when deep‑sea fishing permits were held or deep-sea species, as listed in Annexes I and II to that Regulation, were caught. This paragraph shall apply only to fishing trips on which more than 100 kg of deep-sea species, other than greater silver smelt, were caught.

Article 10 Special provisions on allocations of fishing opportunities

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) deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;

(c) reallocations made pursuant to Article 10(4) of Regulation (EC) No 1006/2008;

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

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

(f) deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009;

(g) quota transfers and exchanges pursuant to Article 20 of this Regulation.

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 seasons

1. It shall be prohibited to fish or retain on board any of the following species in the Porcupine Bank during the period from 1 May to 31 May 2014: cod, megrims, anglerfish, haddock, whiting, hake, Norway lobster, plaice, pollack, saithe, skates and rays, common sole, tusk, blue ling, ling and spurdog.

For the purposes of this paragraph, the Porcupine Bank shall comprise the geographical 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

By way of derogation from the first subparagraph, transit through the Porcupine Bank while carrying on board 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.

2. Commercial fishing for sandeel with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited in ICES divisions IIa, IIIa and ICES subarea IV from 1 January to 31 March 2014 and from 1 August to 31 December 2014.

The prohibition set out in the previous subparagraph shall apply to third-country vessels authorised to fish for sandeel in EU waters of ICES subarea IV unless otherwise specified.

Article 12 Prohibitions

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

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

(e) porbeagle (Lamna nasus) in all waters, except where it is provided otherwise in Annex IA;

(f) angel shark (Squatina squatina) in EU waters;

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

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

(i) guitarfishes (Rhinobatidae) in EU waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;

(j) giant manta ray (Manta birostris) in all waters.

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

Chapter II Additional allocations for vessels participating in trials on fully documented fisheries

Article 14 Additional allocations

1. For certain stocks, a Member State may grant an additional allocation to vessels flying its flag and participating in trials on fully documented fisheries. Those stocks are identified in Annex I.

2. The additional allocation referred to in paragraph 1 shall not exceed the overall limit set out in Annex I as a percentage of the quota allocated to that Member State.

Article 15 Conditions for additional allocations

1. The additional allocation referred to in Article 14 shall comply with the following conditions:

(a) the vessel makes use of close circuit television cameras (CCTV) associated to a system of sensors (jointly referred to as "the CCTV system") to record all on board fishing and processing activities;

(b) the additional allocation granted to an individual vessel that participates in trials on fully documented fisheries shall not exceed any of the following limits:

(i) 75 % of the discards of the stock, as estimated by the relevant Member State, produced by the type of vessel to which the individual vessel that has been granted the additional allocation belongs.

(ii) 30 % of the vessel's individual allocation prior to participating in the trials.

(c) all catches by the vessel from the stock subject to the additional allocation, including fish that are under minimum landing size as defined in Annex XII of Council Regulation (EC) No 850/98[32], shall be counted against the individual allocation of the vessel, as resulting from any additional allocation granted under Article 14.

(d) once the individual allocation for any stock subject to the additional allocation has been fully utilised by a vessel, the vessel in question must cease all fishing activity in the relevant TAC area.

(e) in respect of the stocks for which this Article may be used, the Member States may allow transfers of the individual allocation or any part thereof from vessels not participating in the fully documented fisheries trials to vessels participating in those trials provided that it can be demonstrated that discards by the non-participating vessels do not increase.

2. Notwithstanding point (i) of point (b) of paragraph 1, a Member State may exceptionally grant to a vessel flying its flag an additional allocation exceeding 75 % of the estimated discards of the stock produced by the type of vessel to which the individual vessel that has been granted the additional allocation belongs, provided that:

(a) the rate of stock discards, as estimated for the relevant type of vessel, is less than 10 %;

(b) the inclusion of that type of vessel is important to evaluate the potential of the CCTV system for control purposes;

(c) an overall limit of 75 % of the estimated stock discards produced by all vessels participating in the trials is not exceeded.

3. Prior to granting the additional allocation referred to in Article 14, a Member State shall submit to the Commission the following information:

(a) the list of vessels flying its flag and participating in trials on fully documented fisheries;

(b) the specifications of the remote electronic monitoring equipment installed on board those vessels;

(c) the capacity, type and specification of gears used by those vessels;

(d) the estimated discards for each type of vessel participating in the trials;

(e) the amount of catches of the stock subject to the relevant TAC made in 2013 by the vessels participating in the trials.

Article 16 Processing of personal data

To the extent that the recordings obtained in accordance with paragraph 1 of Article 15 involve the processing of personal data within the meaning of Directive 95/46/EC, that Directive shall apply to the processing of such data.

Article 17 Withdrawal of additional allocations

Where a Member State detects that a vessel participating in trials on fully documented fisheries fails to comply with the conditions set out in Article 15, 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 2014.

Article 18 Scientific review of discard assessments

The Commission may request any Member State that avails itself of this Chapter to submit its assessment of the discards produced per type of vessel to a scientific advisory body for review, in order to monitor the implementation of the requirement set out in Article 15(1)(b)(i). In the absence of an assessment confirming such discards, the Member State concerned shall take any appropriate measure to ensure compliance with that requirement and inform the Commission thereof.

Chapter III Fishing authorisations in third-country waters

Article 19 Fishing authorisations

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

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

Chapter IV Fishing opportunities in waters of regional fisheries management organisations

Article 20 Quota transfers and exchanges

1. Where, under the rules of a regional fisheries management organisation ("RFMO"), quota transfers or exchanges between the Contracting Parties to the RFMO are permitted, a Member State ("the Member State concerned") may discuss with a Contracting Party to the RFMO and, as appropriate, establish a possible outline of an intended quota transfer or exchange.

2. Upon notification to the Commission by the Member State concerned, the Commission may endorse the outline of the intended quota transfer or exchange that the Member State has discussed with the concerned Contracting Party to the RFMO. Thereupon, the Commission shall exchange, without undue delay, the consent to be bound by such quota transfer or exchange with the concerned Contracting Party to the RFMO. The Commission shall then give notification of the agreed quota transfer or exchange to the secretariat of the RFMO in accordance with the rules of that organisation.

3. The Commission shall inform the Member States of the agreed quota transfer or exchange.

4. The fishing opportunities received from or transferred to the concerned Contracting Party to the RFMO under the quota transfer or exchange shall be deemed to be quotas allocated to or deducted from the allocation of, the Member State concerned, as of the moment that the quota transfer or exchange takes effect in accordance with the terms of the agreement reached with the concerned Contracting Party to the RFMO or in accordance with the rules of the relevant RFMO, as appropriate. Such allocation shall not change the existing distribution key for the purpose of allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.

SECTION 1 ICCAT CONVENTION AREA

Article 21 Fishing, farming and fattening capacity limitations for bluefin tuna

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

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

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

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

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

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

Article 22 Recreational and sport fisheries

Member States shall allocate a specific quota of bluefin tuna for recreational and sport fisheries from their quotas allocated in Annex ID.

Article 23 Sharks

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

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

3. Retaining on board, transhipping or landing any part or whole carcass of hammerhead sharks of the family Sphyrnidae (except for the Sphyrna tiburo) in association with fisheries in the ICCAT Convention Area shall be prohibited.

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

5. Retaining on board silky sharks (Carcharhinus falciformis) taken in any fishery shall be prohibited.

SECTION 2 CCAMLR CONVENTION AREA

Article 24 Prohibitions and catch limitations

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

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

Article 25 Exploratory fisheries

1. Only those Member States which are members of the CCAMLR Commission may participate in longline exploratory fisheries for Dissostichus spp. in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of national jurisdiction in 2014. If such a Member State intends to participate in such fisheries, it shall notify the CCAMLR Secretariat in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 and in any case no later than 1 June 2014.

2. With regard to FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1,58.4.2 and 58.4.3a TACs and by-catch limits per subarea and division, and their distribution among Small Scale Research Units (SSRUs) within each of them, shall be as set out in Annex V, Part B. Fishing in any SSRU shall cease when the reported catch reaches the specified TAC, and the SSRU shall be closed to fishing for the remainder of the season.

3. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over‑concentration of catch and fishing effort. However, fishing in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2 and 58.4.3a shall be prohibited in depths less than 550 m.

Article 26 Krill fishery during the 2014/2015 fishing season

1. Only those Member States which are members of the CCAMLR Commission may fish for krill (Euphausia superba) in the CCAMLR Convention Area during the 2014/2015 fishing season. If such a Member State intends to fish for krill in the CCAMLR Convention Area, it shall notify the CCAMLR Secretariat, in accordance with Article 5a of Regulation (EC) No 601/2004, and the Commission, and in any case no later than 1 June 2014:

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

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

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

3. A Member State intending to fish for krill in the CCAMLR Convention Area shall only notify its intention to do so in respect of authorised vessels either flying its flag at the time of the notification or flying the flag of another CCAMLR member that are expected, at the time the fishery takes place, to be flying the flag of that Member State.

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

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

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

5. Member States shall not authorise a vessel on either of the CCAMLR illegal, unreported and unregulated (IUU) Vessel Lists to participate in krill fisheries.

SECTION 3 IOTC CONVENTION AREA

Article 27 Limitation of fishing capacity of vessels fishing in the IOTC Convention Area

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

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

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

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

5. In order to take into account the implementation of the development plans submitted to the IOTC, Member States may only increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2 within the limits set out in those plans.

Article 28 Sharks

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

2. Retaining on board, transshipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) in any fishery shall be prohibited, except for vessels under 24 metres overall length engaged solely in fishing operations within the Exclusive Economic Zone (EEZ) of the Member State whose flag they fly, and provided that their catch is destined solely for local consumption.

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

SECTION 4 SPRFMO CONVENTION AREA

Article 29 Pelagic fisheries - capacity limitation

Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2014 to the total Union level of 78 600 gross tonnage in that area.

Article 30 Pelagic fisheries – TACs

1. Only Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009, as specified in Article 29, may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IJ.

2. The fishing opportunities set out in Annex IJ may only be fished under the condition that Member States send to the Commission, in order to communicate them to the SPRFMO Secretariat, the list of vessels actively fishing or engaged in transhipment in the SPRFMO Convention Area, records from vessel monitoring systems (VMS), monthly catch reports and, where available, port calls at the latest by the fifth day of the following month.

Article 31 Bottom fisheries

Member States with a track record in bottom fishing effort or catch in the SPRFMO Convention Area over the period from 1 January 2002 to 31 December 2006 shall limit their effort or catch to:

(a) the average level of catches or effort parameters over that period; and

(b) only those parts of the SPRFMO Convention Area where bottom fisheries have occurred in any previous fishing season.

SECTION 5 IATTC CONVENTION AREA

Article 32 Purse-seine fisheries

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

(a) from 29 July to 28 September 2014 or from 18 November 2014 to 18 January 2015 in the area defined by the following limits:

– the Pacific coastlines of the Americas,

– longitude 150º W,

– latitude 40º N,

– latitude 40º S;

(b) from 29 September to 29 October 2014 in the area defined by the following limits:

– longitude 96º W,

– longitude 110º W,

– latitude 4º N,

– latitude 3º S.

2. The Member States concerned shall notify the Commission of the selected period of closure referred to in paragraph 1 before 1 April 2014. All the purse-seine vessels of the Member States concerned shall stop purse-seine fishing in the areas defined in paragraph 1 during the selected period.

3. Purse-seine vessels fishing for tuna in the IATTC Convention Area shall retain on board and then land or tranship all yellowfin, bigeye and skipjack tuna caught.

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

(a) where the fish is considered unfit for human consumption for reasons other than size; or

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

5. It shall be prohibited to fish for oceanic whitetip sharks (Carcharhinus longimanus) in the IATTC Convention Area, and to retain on board, to tranship, to store, to offer to sell, to sell or to land any part or whole carcass of oceanic whitetip sharks in that area.

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

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

(b) report the information specified in paragraph (a) to the Member State of which they are nationals. Member States shall transmit this information to the Commission by 31 January 2014.

SECTION 6 SEAFO CONVENTION AREA

Article 33 Prohibition of fishing for deep water sharks

Directed fishing for the following deep water sharks in the SEAFO Convention Area shall be prohibited:

– skates (Rajidae),

– spiny dogfish (Squalus acanthias),

– blurred smooth lanternshark (Etmopterus bigelowi),

– shorttail lanternshark (Etmopterus brachyurus),

– great lanternshark (Etmopterus princeps),

– smooth lanternshark (Etmopterus pusillus),

– ghost catshark (Apristurus manis),

– velvet dogfish (Scymnodon squamulosus),

– deep-sea sharks of super-order Selachimorpha.

SECTION 7 WCPFC CONVENTION AREA

Article 34 Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore fisheries

1. Member States shall ensure that the number of fishing days allocated to purse-seine vessels fishing for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares) and skipjack tuna (Katsuwonus pelamis) in the part of the WCPFC Convention Area in the high seas and located between 20º N and 20º S does not increase.

2. EU vessels shall not target south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area south of 20°S.

Article 35 Closed area for FAD fishing

1. In the part of the WCPFC Convention Area located between 20º N and 20º S, fishing activities of purse-seine vessels making use of fish aggregating devices (FADs) shall be prohibited between 00:00 hours of 1 July 2014 and 24:00 hours of 31 October 2014. During that period, a purse-seine vessel may only engage in fishing operations within that part of the WCPFC Convention Area if it carries onboard an observer to monitor that at no time does the vessel:

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

(b) fish on schools in association with FADs.

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

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

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

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

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

Article 36 Overlap area between IATTC and WCPFC

1. Vessels listed exclusively in the WCPFC register shall apply the measures set out in Articles 34 to 37 when fishing in the overlap area between IATTC and WCPFC as defined in Article 4(p).

2. Vessels listed in both the WCPFC register and the IATTC register and vessels listed exclusively in the IATTC register shall apply the measures set out in Article 32(1)(a) and (2) to (6) when fishing in the overlap area between IATTC and WCPFC as defined in Article 4(n).

Article 37 Limitations to the number of EU vessels authorised to fish swordfish

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

SECTION 8 BERING SEA

Article 38 Prohibition on fishing in the high seas of the Bering Sea

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

TITLE III FISHING OPPORTUNITIES FOR THIRD-COUNTRY VESSELS IN EU WATERS

Article 39 TACs

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

Article 40 Fishing authorisations

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

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

Article 41 Prohibitions

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

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

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

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

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

(e) porbeagle (Lamna nasus) in EU waters;

(f) guitarfishes (Rhinobatidae) in EU waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;

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

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

Article 42 Entry into force

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

It shall apply from 1 January 2014.

However, Article 8 shall apply from 1 February 2014.

The provisions on fishing opportunities set out in Articles 24, 25 and 26 and Annexes IE and V for the CCAMLR Convention Area shall apply from the dates specified therein.

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 EU vessels in areas where TACs exist by species and by area

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

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

ANNEX IC: North West Atlantic - NAFO Convention Area

ANNEX ID: Highly migratory fish – all areas

ANNEX IE: Antarctic – CCAMLR Convention Area

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

ANNEX IG: Southern bluefin tuna – all areas

ANNEX IH: WCPFC Convention Area

ANNEX IJ: SPRFMO Convention Area

ANNEX IIA: Fishing effort for vessels in the context of the management of certain cod, plaice and sole stocks in ICES divisions IIIa, VIa, VIIa, VIId, ICES subarea IV and EU waters of ICES divisions IIa and 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 Cádiz

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

ANNEX IID: Management areas for sandeel in ICES divisions IIa, IIIa and ICES subarea IV

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

ANNEX IV: ICCAT Convention Area

ANNEX V: CCAMLR Convention Area

ANNEX VI: IOTC Convention Area

ANNEX VII: WCPFC Convention Area

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

[1] See in particular the document "General Context of ICES Advice" at the following link:

http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2013/2013/1.2_General_context_of_ICES_advice_2013_June.pdf

[2] Proposal for a Regulation of the European Parliament and of the Council on the Common Fisheries Policy, COM(2011) 425 final

[3] Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (the "cod plan").

[4] Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ L 358, 31.12.2002, p. 59).

[5] 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 and amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 345, 28.12.2005, p. 5).

[6] Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel (OJ L 122, 11.5.2007, p. 7).

[7] Council Regulation (EC) No 676/2007 of 11 June 2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea (OJ L 157, 19.6.2007, p. 1).

[8] Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock (OJ L 344, 20.12.2008, p. 6).

[9] Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004 (OJ L 348, 24.12.2008, p. 20).

[10] Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean, amending Regulation (EC) No 43/2009 and repealing Regulation (EC) No 1559/2007 (OJ L 96, 15.4.2009, p. 1).

[11] Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the northern hake stock (OJ L 150, 30.4.2004, p. 1).

[12] 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 (OJ L 65, 7.3.2006, p. 1).

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

[14] 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 (OJ L 214, 19.8.2009, p. 16).

[15] 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, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

[16] 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 (OJ L 281, 23.11.1995, p. 31).

[17] OJ L 6, 10.1.2012, p. 9.

[18] Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

[19] Commission Regulation (EC) No 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets (OJ L 151, 11.6.2008, p. 5).

[20] 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 (OJ L 87, 31.3.2009, p. 70).

[21] 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 (OJ L 87, 31.3.2009, p. 1).

[22] Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (OJ L 87, 31.3.2009, p. 42).

[23] Concluded by Council Decision 2002/738/EC (OJ L 234, 31.8.2002, p. 39).

[24] The Union acceded by Council Decision 86/238/EEC (OJ L 162, 18.6.1986, p. 33).

[25] Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources (OJ L 97, 1.4.2004, p. 16).

[26] Concluded by Council Decision 2006/539/EC (OJ L 224, 16.8.2006, p. 22).

[27] The Union acceded by Council Decision 95/399/EC (OJ L 236, 5.10.1995, p. 24).

[28] Concluded by Council Decision 2008/780/EC (OJ L 268, 9.10.2008, p. 27).

[29] The Union acceded by Council Decision 2005/75/EC (OJ L 32, 4.2.2005, p. 1).

[30] Council Regulation (EC) No 1006/2008 of 29 September 2009 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters (OJ L 286, 29.10.2008, p. 33).

[31] Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (OJ L 351, 28.12.2002, p. 6).

[32] Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1).

ANNEX I

TACs APPLICABLE TO EU VESSELS IN AREAS WHERE TACs EXIST BY SPECIES AND BY AREA

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

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

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. Only Latin names identify species for regulatory purposes; vernacular names are provided for ease of reference.

For the purposes of this Regulation, the following comparative table of Latin names and common names is provided:

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 spp. || GER || Deep sea red crab

Chaenocephalus aceratus || SSI || Blackfin icefish

Champsocephalus gunnari || ANI || Mackerel icefish

Channichthys rhinoceratus || LIC || Unicorn icefish

Chionoecetes spp. || PCR || Snow crab

Clupea harengus || HER || Herring

Coryphaenoides rupestris || RNG || Roundnose grenadier

Dalatias licha || SCK || Kitefin shark

Deania calcea || DCA || Birdbeak dogfish

Dipturus batis || RJB || Common skate

Dissostichus eleginoides || TOP || Patagonian toothfish

Dissostichus mawsoni || TOA || Antarctic toothfish

Dissostichus spp. || TOP || 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

Gobionotothen gibberifrons || NOG || Humped rockcod

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 naevus || RJN || Cuckoo ray

Limanda ferruginea || YEL || Yellowtail flounder

Limanda limanda || DAB || Common dab

Lophiidae || ANF || Anglerfish

Macrourus spp. || GRV || Grenadiers

Makaira nigricans || BUM || Blue marlin

Mallotus villosus || CAP || Capelin

Manta birostris || RMB || Giant manta ray

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

Notothenia rossii || NOR || Marbled rockcod

Pandalus borealis || PRA || Northern prawn

Paralomis spp. || PAI || Crabs

Penaeus spp. || PEN || "Penaeus" shrimps

Platichthys flesus || FLE || European flounder

Pleuronectes platessa || PLE || Plaice

Pleuronectiformes || FLX || Flatfish

Pollachius pollachius || POL || Pollack

Pollachius virens || POK || Saithe

Psetta maxima || TUR || Turbot

Pseudochaenichthys georgianus || SIG || South Georgia icefish

Raja alba || RJA || White skate

Raja brachyura || RJH || Blonde ray

Raja circularis || RJI || Sandy ray

Raja clavata || RJC || Thornback ray

Raja fullonica || RJF || Shagreen ray

Raja (Dipturus) nidarosiensis || JAD || Norwegian skate

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

Scomber scombrus || MAC || Mackerel

Scophthalmus rhombus || BLL || Brill

Sebastes spp. || RED || Redfish

Solea solea || SOL || Common sole

Solea spp. || SOO || Sole

Sprattus sprattus || SPR || Sprat

Squalus acanthias || DGS || Spurdog/dogfish

Tetrapturus albidus || WHM || White marlin

Thunnus maccoyii || SBF || Southern bluefin tuna

Thunnus obesus || BET || Bigeye tuna

Thunnus thynnus || BFT || Bluefin tuna

Trachurus murphyi || CJM || Jack mackerel

Trachurus spp. || JAX || Horse mackerel

Trisopterus esmarkii || NOP || Norway pout

Urophycis tenuis || HKW || White hake

Xiphias gladius || SWO || Swordfish

The following comparative table of common names and Latin names is provided exclusively for explanatory purposes:

Alfonsinos || ALF || Beryx spp.

American plaice || PLA || Hippoglossoides platessoides

Anchovy || ANE || Engraulis encrasicolus

Anglerfish || ANF || Lophiidae

Antarctic toothfish || TOA || Dissostichus mawsoni

Atlantic halibut || HAL || Hippoglossus hippoglossus

Bigeye tuna || BET || Thunnus obesus

Birdbeak dogfish || DCA || Deania calcea

Blackfin icefish || SSI || Chaenocephalus aceratus

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 dab || DAB || Limanda limanda

Common skate || RJB || Dipturus batis

Common sole || SOL || Solea solea

Crabs || PAI || Paralomis spp.

Cuckoo ray || RJN || Leucoraja naevus

Deep sea red crab || GER || Chaceon spp.

European flounder || FLE || Platichthys flesus

Flatfish || FLX || Pleuronectiformes

Giant manta ray || RMB || Manta birostris

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.

Humped rockcod || NOG || Gobionotothen gibberifrons

Jack mackerel || CJM || Trachurus murphyi

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

Mackerel icefish || ANI || Champsocephalus gunnari

Marbled rockcod || NOR || Notothenia rossii

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 || Raja circularis

Shagreen ray || RJF || Raja 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 || SOO || Solea spp.

South Georgia icefish || SIG || Pseudochaenichthys georgianus

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

Toothfish || TOP || Dissostichus spp.

Tope shark || GAG || Galeorhinus galeus

Turbot || TUR || Psetta maxima

Tusk || USK || Brosme brosme

Undulate ray || RJU || Raja undulata

Unicorn icefish || LIC || Channichthys rhinoceratus

White hake || HKW || Urophycis tenuis

White marlin || WHM || Tetrapturus albidus

White skate || RJA || Raja alba

Whiting || WHG || Merlangius merlangus

Witch flounder || WIT || Glyptocephalus cynoglossus

Yellowtail flounder || YEL || Limanda ferruginea

ANNEX IA SKAGERRAK, KATTEGAT, ICES SUBAREAS I, II, III, IV, V, VI, VII, VIII, IX, X, XII AND XIV, EU WATERS OF CECAF, FRENCH GUIANA WATERS

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

Species: || Sandeel || || || Zone: || Norwegian waters of IV ||

|| Ammodytes spp. || || || (SAN/04-N.) || ||

Denmark || || 0 || || Analytical TAC || ||

United Kingdom || 0 || || || Article 3 of Regulation (EC) No 847/96 shall not apply

Union || || 0 || || Article 4 of Regulation (EC) No 847/96 shall not apply

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

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

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

Species: || Sandeel || || || Zone: || EU waters of IIa, IIIa and IV(1) ||

|| Ammodytes spp. || || || || ||

Denmark || || 0 || (2) || Analytical TAC || ||

United Kingdom || 0 || || (2) || Article 3 of Regulation (EC) No 847/96 shall not apply

Germany || || 0 || (2) || Article 4 of Regulation (EC) No 847/96 shall not apply

Sweden || || 0 || (2) || || || ||

Union || || 0 || || || || ||

Norway || || 0 || || || || ||

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

TAC || || 0 || || || || ||

(1) Excluding waters within six nautical miles of the UK baselines at Shetland, Fair Isle and Foula. || ||

(2) At least 98 % of landings counted against this quota shall be of sandeel. By-catches of dab, mackerel and whiting to be counted against the remaining 2 % of the quota (OT1/*2A3A4).

Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following sandeel management areas, as defined in Annex IID:

|| Zone: EU waters of sandeel management areas || || ||

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

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

Denmark || 0 || 0 || 0 || 0 || 0 || 0 || 0

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

Germany || 0 || 0 || 0 || 0 || 0 || 0 || 0

Sweden || 0 || 0 || 0 || 0 || 0 || 0 || 0

Union || 0 || 0 || 0 || 0 || 0 || 0 || 0

Norway || 0 || 0 || 0 || 0 || 0 || 0 || 0

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

Total || 0 || 0 || 0 || 0 || 0 || 0 || 0

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

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

Species: || Greater silver smelt || || Zone: || EU and international waters of I and II

|| Argentina silus || || || (ARU/1/2.) || ||

Germany || || 24 || || Analytical TAC || ||

France || || 8 || || || || ||

The Netherlands || || 19 || || || || ||

United Kingdom || || 39 || || || || ||

Union || || 90 || || || || ||

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

TAC || || 90 || || || || ||

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

Species: || Greater silver smelt || || Zone: || EU waters of III and IV ||

|| Argentina silus || || || (ARU/34-C) || ||

Denmark || || 911 || || Analytical TAC || ||

Germany || || 9 || || || || ||

France || || 7 || || || || ||

Ireland || || 7 || || || || ||

The Netherlands || || 43 || || || || ||

Sweden || || 35 || || || || ||

United Kingdom || || 16 || || || || ||

Union || || 1 028 || || || || ||

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

TAC || || 1 028 || || || || ||

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

Species: || Greater silver smelt || || Zone: || EU and international waters of V, VI and VII

|| Argentina silus || || || (ARU/567.) || ||

Germany || || 289 || || Analytical TAC || ||

France || || 6 || || || || ||

Ireland || || 268 || || || || ||

The Netherlands || || 3 023 || || || || ||

United Kingdom || || 212 || || || || ||

Union || || 3 798 || || || || ||

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

TAC || || 3 798 || || || || ||

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

Species: || Tusk || || || Zone: || EU and international waters of I, II and XIV

|| Brosme brosme || || || (USK/1214EI) || ||

Germany || || 6 || (1) || Analytical TAC || ||

France || || 6 || (1) || || || ||

United Kingdom || || 6 || (1) || || || ||

Others || || 3 || (1) || || || ||

Union || || 21 || (1) || || || ||

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

TAC || || 21 || || || || ||

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

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

Species: || Tusk || || || Zone: || IIIa; EU waters of Subdivisions 22-32

|| Brosme brosme || || || (USK/3A/BCD) ||

Denmark || || 15 || || Analytical TAC || ||

Sweden || || 7 || || || || ||

Germany || || 7 || || || || ||

Union || || 29 || || || || ||

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

TAC || || 29 || || || || ||

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

Species: || Tusk || || || Zone: || EU waters of IV ||

|| Brosme brosme || || || (USK/04-C.) || ||

Denmark || || 64 || || Analytical TAC || ||

Germany || || 19 || || || || ||

France || || 44 || || || || ||

Sweden || || 6 || || || || ||

United Kingdom || || 96 || || || || ||

Others || || 6 || (1) || || || ||

Union || || 235 || || || || ||

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

TAC || || 235 || || || || ||

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

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

Species: || T