EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

Grounds and objectives

All fishing opportunities regulations must limit the harvesting of the fish stocks to levels which must be consistent with the overall objectives of the Common Fisheries Policy (CFP). In this respect, Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy sets out the objectives for the annual proposals for catch and fishing effort limitations to ensure that Union fisheries are ecologically, economically and socially sustainable.

The key feature of the annual fishing opportunities exercise is in fact its short-term nature. This is due essentially to historical reasons, relating to the way in which the CFP provides for the sharing of the maritime space and the resources therein among national Union fleets. It is important to maintain an annually-renewed process for this Union-wide pact at the basis of the CFP.

However, this does not stand in the way of the introduction of long-term management approaches. The Union has made good progress in this regard and key stocks of commercial interest are now subject to multi-annual management plans. Yearly TACs and effort ceilings must comply with them.

Scope

This proposal concerns fishing opportunities that are available to Union vessels in Union and non-EU waters and to third country vessels fishing in Union waters as a result of decisions agreed in multilateral or bilateral fora. In preparing for international negotiations, the Union forms a position based on scientific advice and its own policy objectives, which apply equally to internal 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.

The present proposal thus covers:

· Shared stocks, i.e. stocks that are jointly managed with Norway in the North Sea and the Skagerrak, or under the NEACF-related Coastal State Agreements.

· Stocks with traditional quota exchanges or with potential interest for exchanges: stocks which, while not being jointly managed, are (or could be) subject to annual exchanges of quotas between the Union and Norway and/or other third countries.

· By-catch species in the sole and plaice fisheries, even if not exchanged. This is for the sake of consistency with progress towards multi-species or mixed-fisheries management, as appropriate.

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

However, most of the fishing opportunities contained in this proposal are marked as "pm" (pro memoria). 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 South Pacific Regional Fisheries Management Organisation (SPRFMO), the Commission on the Conservation of Antarctic Marine Living Resources (CCAMLR), the North East Atlantic Fishery Commission (NEAFC), the Western and Central Pacific Fisheries Convention (WCPFC) and the International Commission for the Conservation of Atlantic Tunas (ICCAT), are pending the annual meetings of these organisations; or

– for stocks in Greenland waters, as well as stocks jointly managed or exchanged with Norway and other third countries, the figures are not available yet, pending the conclusion of consultations in November and December 2012 with those countries.

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 (CFP) 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

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 2012, at which the outcomes of the scientific advice and its key implications were presented and discussed.

Collection and use of expertise

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

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

Impact assessment

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 proposed action

The proposal establishes the catch and effort limitations applicable to Union fisheries and to international fisheries where Union vessels participate, in order to achieve the objective of the CFP 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 2013, with the exception of certain provisions on effort limitations, which are applicable until 31 January 2014, 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 2013 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.

As regards catch limitations and effort management in general, the proposal is in accordance with the principles for the so-called frontloading process which are set out in the Communication from the Commission to the Council and European Parliament on improving consultation on Community fisheries management (COM(2006)246 final) and in the Communication from the Commission concerning a Consultation on Fishing Opportunities for 2013 (COM(2012)278 final), which sets out the views and intentions of the Commission concerning its proposals for fishing opportunities, pending the scientific advice on the state of the stocks for 2013.

As mentioned above, the proposal also includes catch limitations agreed in the context of certain Regional Fisheries Management Organisations.

In relation to effort management for cod fisheries, a system based on kilowatt days has been applied since 2009 and will be continued in 2013.

2012/0319 (NLE)

Proposal for a

COUNCIL REGULATION

fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements

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

(2) Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy[1] requires that Union 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.

(3) It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities by fish stock or group of fish stocks, 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 group of fish stocks and having due regard to the objectives of the Common Fisheries Policy established in Regulation (EC) No 2371/2002.

(4) In order to ensure uniform conditions for the implementation of this Regulation relating to any potential increase in the TAC and the Union quota for white hake in NAFO Subdivision 3NO, powers should be conferred on the Commission.

(5) In order to ensure uniform conditions for the implementation of this Regulation relating to revising quotas for capelin available to the Union in Greenland waters of ICES subareas V and XIV under the Fisheries Partnership Agreement with Greenland, powers should be conferred on the Commission.

(6) In order to ensure uniform conditions for the implementation of catch limits for certain stocks of short-lived species, implementing powers should be conferred on the Commission relating to revising the TAC in the light of scientific information collected during the first half of 2013. Those powers should be exercised in accordance with 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 the Member States of the Commission's exercise of implementing powers[2].

(7) The Commission should adopt immediately applicable implementing acts relating to revising the TAC of these stocks of short-lived species where, in duly justified cases relating to the need for the Union to comply with its international obligations, imperative grounds of urgency so require.

(8) 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 (hereinafter jointly referred to as "CCTV system"). This should enable to record in detail all retained and discarded parts of catches. A system based on human observers operating in real time on board would be less efficient, more costly, and less reliable. Consequently, the use of 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 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[3] should be complied with.

(9) 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 necessary to prevent transfers of allocations between vessels participating in the fully documented fisheries trials and non-participating vessels.

(10) The 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.

(11) 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 sole in the North Sea, of plaice in the North Sea, of cod in 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 676/2007 of 11 June 2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea;[4] Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks[5] (the 'Cod Plan'); and Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean[6].

(12) 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 Council Regulation (EC) No 2371/2002.

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

(14) 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.

(15) 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.

(16) It is necessary to establish the fishing effort ceilings for 2013 in accordance with Articles 11 and 12 of Regulation (EC) No 1342/2008, Article 9 of Council Regulation (EC) No 676/2007 and Articles 5 and 9 of Regulation (EC) No 302/2009, while taking into account Council Regulation (EC) No 754/2009 of 27 July 2009 excluding certain groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008[8].

(17) In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway[9], the Faroe Islands[10], Greenland[11] and Iceland[12], the Union has held consultations on fishing rights with those partners. [Summary of consultations to be inserted after they are held at the end of 2012]

(18) The Union is a contracting party to several fisheries organisations and participates in other organisations as a cooperating non-party. Moreover, by virtue of the 2003 Act of Accession, fisheries agreements previously concluded by the Republic of Poland, such as the Convention on the Conservation and Management of Pollock resources in the central Bering Sea, are as from the date of accession of Poland managed by the Union. Those fisheries organisations have recommended the introduction for 2013 of a number of measures, including fishing opportunities for EU vessels. Those fishing opportunities should be implemented in the law of the Union.

(19) Regional Fisheries Management Organisations may allow for quota transfers and exchanges between Contracting Parties. To facilitate such quota transfers and exchanges between the Union and other Contracting Parties the Commission should be able to endorse quota transfers and exchanges between the Union and other Contracting Parties upon notification by Member States. Member States should be authorised to discuss with other Contracting Parties transfers and exchanges of quotas and, as appropriate, establish possible outlines of intended quota transfers. After endorsement, the Commission should notify the transfer to the organisation concerned and adopt the resulting fishing opportunities by means of implementing acts. Such transfer should not affect the existing distribution of fishing opportunities among Member States in accordance with relative stability.

(20) At its 34th Annual Meeting in 2012, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a number of fishing opportunities for 2013 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 2013, 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 2013 TAC increase is confirmed by NAFO, it should be implemented into the law of the Union. The Commission should therefore be empowered to adopt an implementing act to adjust the resulting additional fishing opportunities for the Union.

(21) At its 83nd Annual Meeting in 2012, the Inter-American Tropical Tuna Commission (IATTC) adopted conservation measures for yellowfin tuna, bigeye tuna and skipjack tuna. IATTC also adopted a resolution on the conservation of oceanic whitetip sharks. Those measures should be implemented in the law of the Union.

(22) At its Annual Meeting in 2012, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted [summary of measures to be inserted after the annual meeting is held in November 2012]. Those measures should be implemented in the law of the Union.

(23) At its Annual Meeting in 2012, the Indian Ocean Tuna Commission (IOTC) did not modify its measures regarding fishing opportunities as currently implemented in the law of the Union. The currently applicable measures adopted by the IOTC should be implemented in the law of the Union.

(24) The first Annual Meeting of the South Pacific Regional Fisheries Management Organisation (SPRFMO) will be held from 28 January to 1 February 2013. Until such Annual Meeting is held, it is appropriate that the current interim measures remain in place, as implemented by Regulation (EU) No 44/2012.

(25) At its Annual Meeting in 2012, the South East Atlantic Fisheries Organisation (SEAFO) [summary of measures to be inserted after the annual meeting is held in October 2012]. Those measures should be implemented in the law of the Union.

(26) 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.

(27) The 9th Annual Meeting of the Western and Central Pacific Fisheries Commission (WCPFC) in 2012 [summary of measures to be inserted after the annual meeting is held in December 2012]. Those measures should be implemented in the law of the Union.

(28) At its Annual Meeting in 2012, the Parties to the Convention on the Conservation and Management of Pollock resources in the central Bering Sea did not modify its measures regarding fishing opportunities. Those measures should be implemented in the law of the Union.

(29) At its Annual Meeting in 2012, the Parties to the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) [summary of measures to be inserted after the annual meeting is held in October-November 2012]. Those measures should be implemented in the law of the Union.

(30) Certain international measures which create or restrict fishing opportunities for the Union are adopted by the relevant 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 2011, 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.

(31) The use of fishing opportunities available to EU vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy,[13] and in particular to Articles 33 and 34 thereof concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.

(32) 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 2013, except for the provisions concerning fishing effort limits, which should apply from 1 February 2013, and specific provisions in particular regions, which should have a specific date of application as indicated in recital 28 For reasons of urgency, this Regulation should enter into force immediately after its publication.

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

HAS ADOPTED THIS REGULATION:

TITLE I SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 Subject matter

1. This Regulation fixes fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements.

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

(a) catch limits for the year 2013 and, where specified in this Regulation, for the year 2014;

(b) fishing effort limits for the period from 1 February 2013 to 31 January 2014;

(c) fishing opportunities for the period from 1 December 2012 to 30 November 2013 for certain stocks in the CCAMLR Convention Area; and

(d) fishing opportunities for the periods set out in Article 28 for certain stocks in the IATTC Convention Area for the year 2013 and, where specified in this Regulation, for the year 2014.

Article 2 Scope

This Regulation shall apply to:

(a) EU vessels; and

(b) third-country vessels in EU waters.

Article 3 Definitions

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

(e) 'quota' means a proportion of the TAC allocated to the Union, a Member State or a third country;

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

(g) 'mesh size' means the mesh size of fishing nets as determined in accordance with Regulation (EC) No 517/2008[14].

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[15];

(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) CECAF (Committee for Eastern Central Atlantic Fisheries) zones are the geographical areas specified in Annex II to Regulation (EC) No 216/2009[16];

(e) NAFO (Northwest Atlantic Fisheries Organisation) zones are the geographical areas specified in Annex III to Regulation (EC) No 217/2009[17];

(f) '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[18];

(g) '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[19];

(h) '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[20];

(i) '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[21];

(j) 'IOTC (Indian Ocean Tuna Commission) Convention Area' is the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission[22];

(k) '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[23], and west of the areas of fisheries jurisdictions of South American States;

(l) '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[24];

(m) '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.

TITLE II FISHING OPPORTUNITIES FOR EU VESSELS

Chapter I General provisions

Article 5 TACs and allocations

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

2. EU vessels are authorised to make catches, within the TACs set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the condition set out in Article 14 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008[25] and its implementing provisions.

3. The Commission shall revise quotas for capelin available to the Union in Greenland waters of ICES subareas V and XIV on the basis of the TAC and its allocation to the Union established by Greenland in accordance with the Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand, and the Protocol thereto.

4. In the light of scientific information collected during the first half of 2013, TACs, quotas and special conditions set out in Annex I for the following stocks may be revised by the Commission by means of implementing acts adopted in accordance with the procedure referred to in Article 39(2):

(a) the stock of sandeel and associated by-catches in EU waters of ICES divisions IIa and IIIa and ICES subarea IV in accordance with Annex IIB to this Regulation;

(b) the stock of Norway pout and associated by-catches in ICES subarea IIIa and EU waters of ICES division IIa and ICES subarea IV; and

(c) the stock of sprat and associated by-catches in EU waters of ICES division IIa and ICES subarea IV.

5. On duly justified imperative grounds of urgency relating to the obligation of the Union to comply with its international obligations, the Commission shall revise the TACs set out in Annex I for the stocks referred to in paragraph 4 of this Article by means of immediately applicable implementing acts in accordance with the procedure referred to in Article 39(3). Those acts shall remain in force for the period of application of this Regulation, and in any case not later than 31 December 2013.

Article 6 Additional allocations for vessels participating in trials on fully documented fisheries

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 which a Member State may grant for a given stock to vessels flying its flag shall not exceed the overall limit set out in Annex I as a percentage of the quota allocated to that Member State.

3. The additional allocation granted to a vessel shall comply with the following conditions:

(a) the vessel shall make use of close circuit television cameras (CCTV) associated to a system of sensors (hereinafter 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:

(1) 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.

(2) 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 Regulation (EC) No 850/98, shall be counted against the individual allocation of the vessel, as resulting from any additional allocation granted under this article.

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

(e) in the stocks for which this article may be used, no transfers of the individual allocation or any part thereof shall be allowed between vessels participating in the fully-documented fisheries trials and vessels not participating in those trials.

4. Notwithstanding point (1) of paragraph 3(b), 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.

5. To the extent that the recordings obtained in accordance with point (a) of paragraph 3 involve the processing of personal data within the meaning of Directive 95/46/EC, that Directive shall apply to the processing of such data.

6. Where a Member State detects that a vessel participating in trials on fully documented fisheries fails to comply with the conditions set out in paragraph 3, 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 2013.

7. Prior to granting the additional allocation referred to in paragraphs 1 to 6, 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 2012 by the vessels participating in the trials.

8. The Commission may request any Member State that avails itself of this article 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 point (1) of paragraph 3(b). 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.

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

From 1 February 2013 to 31 January 2014, the fishing effort measures laid down in Annex IIA shall apply for the management of certain cod, plaice and sole stocks in:

(a) the Skagerrak;

(b) that part of ICES division IIIa not covered by the Skagerrak and the Kattegat;

(c) ICES subarea IV;

(d) EU waters of ICES division IIa; and

(e) ICES division VIId.

Article 9 Catch and effort limits for deep-sea fisheries

1. Article 3(1) of Regulation (EC) No 2347/2002[26] 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.

2. Member States shall ensure that for 2013 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) reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009 or pursuant to Article 10(4) of Regulation (EC) No 1006/2008;

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

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

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

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

Article 11 Closed fishing season

1. It shall be prohibited to fish or retain on board any of the following species in the Porcupine Bank during the period from 1 May to 31 July 2013: tusk, blue ling and ling.

2. For the purposes of this Article, 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

3. By way of derogation from paragraph 1, transit through the Porcupine Bank, 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.

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:

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

(b) porbeagle (Lamna nasus) in all waters, except where it is provided otherwise in Annex I, Part B of Regulation (EU) No …/2013[27][28];

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

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

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

(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 all waters.

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

Article 13 Data transmission

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

Chapter II Fishing authorisations in third-country waters

Article 14 Fishing authorisations

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

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

Chapter III Fishing opportunities in waters of regional fisheries management organisations

Article 15 Quota transfers

1. Where the rules of regional fisheries management organisations provide for quota transfers and exchanges, the Commission may endorse, upon notification by Member States, quota transfers and exchanges with other Contracting Parties of those organisations. After endorsement, the Commission shall give notification of those quota transfers and exchanges to the secretariat of the organisation in accordance with the rules of that organisation.

2. Prior to the notification referred to in paragraph 1, Member States may discuss quota transfers and exchanges with other Contracting Parties and, as appropriate, establish possible outlines of intended quota transfers.

3. After endorsement and notification, the Commission shall amend the quotas concerned by means of implementing acts in accordance with the procedure referred to in Article 39(2).

4. The allocation of fishing opportunities resulting from such quota transfers with other Contracting Parties of regional fisheries management organisations shall not affect the existing distribution of fishing opportunities among Member States in accordance with relative stability.

Section 1 ICCAT Convention Area

Article 16 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 17 Additional conditions to the bluefin tuna quota allocated in Annex ID

In addition to the prohibition period provided for in Article 7(2) of Regulation (EC) No 302/2009, purse‑seine fishing for bluefin tuna shall be prohibited in the eastern Atlantic and Mediterranean from 15 April to 15 May 2013.

Article 18 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 19 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 20 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 21 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 2013. 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 2013.

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 22 Krill fishery during the 2013/2014 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 2013/2014 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 2013:

(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 23 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 24 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. When accidentally caught, species referred to in paragraph 1 shall not be harmed. They shall be promptly released.

Section 4 SPRFMO Convention Area

Article 25 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 2013 to the levels of total 78 610 gross tonnage in that area in such manner that sustainable exploitation of the pelagic fishery resources in the South Pacific is ensured.

Article 26 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 25, may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IJ.

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

3. For the purpose of monitoring the fishery referred to in this Article, Member States shall send to the Commission, in order to communicate them to the SPRFMO Interim Secretariat, records from vessel monitoring systems (VMS), monthly catch reports and, where available, port calls at the latest by the fifteenth day of the following month.

Article 27 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 has occurred in any previous fishing season.

Section 5 IATTC Convention Area

Article 28 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 2013 or from 18 November 2013 to 18 January 2014 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 2013 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 2013. 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. It 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 2013.

Section 6 SEAFO Convention Area

Article 29 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 30 Fishing effort limitations for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore

Member States shall ensure that the total fishing effort for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), skipjack tuna (Katsuwonus pelamis) and south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area is limited to the fishing effort provided for in fisheries partnership agreements between the Union and coastal States in that region.

Article 31 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 2013 and 24:00 hours of 30 September 2013. 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 32 Closed areas for purse-seine fisheries

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

(a) the international waters enclosed by the boundaries of the EEZ of Indonesia, Palau, Micronesia and Papua New Guinea;

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

Article 33 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 34 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.

Section 9 NAFO Convention Area

Article 35 Increase in the TAC for white hake

In the event that NAFO increases the TAC for the stock of white hake in accordance with its procedures, the Commission may revise the TAC and the quotas for the stock of white hake in NAFO Subdivision 3NO by means of implementing acts in accordance with the procedure referred to in Article 39(2).

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

Article 36 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 37 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 38 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, 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. They shall be promptly released.

TITLE IV FINAL PROVISIONS

Article 39 Committee procedure

1 The Commission shall be assisted by the Committee for fisheries and aquaculture established by Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

Article 40 Entry into force and application

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

It shall apply from 1 January 2013.

However, Article 8 shall apply from 1 February 2013.

The provisions on fishing opportunities set out in Articles 20, 21 and 22 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

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 the Skagerrak, that part of ICES division IIIa not covered by the Skagerrak and the Kattegat, ICES subarea IV, EU waters of ICES division IIa and ICES division VIId

ANNEX IIB: Fishing opportunities for vessels fishing 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

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, IH and 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 thereof.

The references to fishing zones are references to ICES zones, unless otherwise specified. Within each area, fish stocks are referred to following the alphabetical order of the Latin names of the species. 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. || CGE || Deep sea red crab

Champsocephalus gunnari || ANI || Mackerelicefish

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

Engraulis encrasicolus || ANE || Anchovy

Etmopterus princeps || ETR || Great lanternshark

Etmopterus pusillus || ETP || Smooth lanternshark

Euphausia superba || KRI || Krill

Gadus morhua || COD || Cod

Galeorhinus galeus || GAG || Tope shark

Glyptocephalus cynoglossus || WIT || Witch flounder

Hippoglossoides platessoides || PLA || American plaice

Hippoglossus hippoglossus || HAL || Atlantic halibut

Hoplostethus atlanticus || ORY || Orange roughy

Illex illecebrosus || SQI || Shortfin squid

Lamna nasus || POR || Porbeagle

Lepidonotothen squamifrons || NOS || Grey rockcod

Lepidorhombus spp. || LEZ || Megrims

Raja circularis || RJI || Sandy ray

Raja fullonica || RJF || Shagreen ray

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

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

Raja brachyura || RJH || Blonde ray

Raja clavata || RJC || Thornback ray

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

Raja microocellata || RJE || Small-eyed ray

Raja montagui || RJM || Spotted ray

Raja undulata || RJU || Undulate ray

Rajiformes || SRX || Skates and rays

Reinhardtius hippoglossoides || GHL || Greenland halibut

Raja alba || RJA || White skate

Scomber scombrus || MAC || Mackerel

Scophthalmus rhombus || BLL || Brill

Sebastes spp. || RED || Redfish

Solea solea || SOL || Common sole

Solea spp. || SOO || Sole

Sprattus sprattus || SPR || Sprat

Squalus acanthias || DGS || Spurdog/dogfish

Tetrapturus albidus || WHM || White marlin

Thunnus maccoyii || SBF || Southern bluefin tuna

Thunnus obesus || BET || Bigeye tuna

Thunnus thynnus || BFT || Bluefin tuna

Trachurus 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

Mackerel icefish || ANI || Champsocephalus gunnari

Antarctic toothfish || TOA || Dissostichus mawsoni

Atlantic halibut || HAL || Hippoglossus hippoglossus

Bigeye tuna || BET || Thunnus obesus

Birdbeak dogfish || DCA || Deania calcea

Blonde ray || RJH || Raja brachyura

Blue ling || BLI || Molva dypterygia

Blue marlin || BUM || Makaira nigricans

Blue whiting || WHB || Micromesistius poutassou

Bluefin tuna || BFT || Thunnus thynnus

Boarfish || BOR || Caproidae

Brill || BLL || Scophthalmus rhombus

Capelin || CAP || Mallotus villosus

Cod || COD || Gadus morhua

Common 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 || CGE || 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.

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

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.

Southern bluefin tuna || SBF || Thunnus maccoyii

Spotted ray || RJM || Raja montagui

Sprat || SPR || Sprattus sprattus

Spurdog/dogfish || DGS || Squalus acanthias

Squid || SQS || Martialia hyadesi

Starry ray || RJR || Amblyraja radiata

Swordfish || SWO || Xiphias gladius

Thornback ray || RJC || Raja clavata

Tope shark || GAG || Galeorhinus galeus

Turbot || TUR || Psetta maxima

Tusk || USK || Brosme brosme

Undulate ray || RJU || Raja undulata

White hake || HKW || Urophycis tenuis

White marlin || WHM || Tetrapturus albidus

White skate || RJA || 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

Species: || Sandeel Ammodytes spp. || Zone: || Norwegian waters of IV (SAN/04-N.) ||

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

United Kingdom || pm || ||

Union || pm || ||

|| || ||

TAC || Not relevant || ||

||

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

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

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

Germany || pm || (2) ||

Sweden || pm || (2) ||

Union || pm || ||

Norway || pm || ||

|| || ||

TAC || pm || ||

(1) Excluding waters within six nautical miles of UK baselines at Shetland, Fair Isle and Foula. (2) At least 98 % of landings counted against this quota must be of sandeel. By-catches of dab, mackerel and whiting to be counted against the remaining 2 % of the quota (OTH/*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 IIB: Zone: EU waters of sandeel management areas(1) ||

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

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

Denmark || pm || pm || pm || pm || pm || pm || pm ||

United Kingdom || pm || pm || pm || pm || pm || pm || pm ||

Germany || pm || pm || pm || pm || pm || pm || pm ||

Sweden || pm || pm || pm || pm || pm || pm || pm ||

Union || pm || pm || pm || pm || pm || pm || pm ||

Norway || pm || pm || pm || pm || pm || pm || pm ||

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

Total || pm || pm || pm || pm || pm || pm || pm ||

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

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

Germany || pm || (1) || Analytical TAC

France || pm || (1)

United Kingdom || pm || (1)

Others || pm || (1)

Union || pm || (1)

|| pm ||

TAC || pm ||

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

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

Denmark || pm || || Analytical TAC

Germany || pm ||

France || pm ||

Sweden || pm ||

United Kingdom || pm ||

Others || pm || (1)

Union || pm ||

|| pm ||

TAC || pm ||

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

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

Germany || pm || || Analytical TAC Article 11 of this Regulation applies.

Spain || pm ||

France || pm ||

Ireland || pm ||

United Kingdom || pm ||

Others || pm || (1)

Union || pm ||

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

|| pm ||

TAC || pm ||

(1) Exclusively for by-catches. No directed fisheries are permitted under this quota. (2) To be fished in EU waters of IIa, IV, Vb, VI and VII (USK/*24X7C). (3) Special condition: of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in Vb, VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in Vb, VI and VII shall not exceed pm tonnes (OTH/*5B67-). (4) Including ling. The quotas for Norway are: ling pmtonnes (LIN/*5B67-), and tusk pmtonnes (USK/*5B67-) and are interchangeable of up to pm tonnes and shall only be fished with long-lines in Vb, VI and VII.

Species: || Tusk Brosme brosme || Zone: || Norwegian waters of IV (USK/04-N.)

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

Denmark || pm ||

Germany || pm ||

France || pm ||

The Netherlands || pm ||

United Kingdom || pm ||

Union || pm ||

|| ||

TAC || Not relevant ||

Species: || Herring(1) Clupea harengus || Zone: || IIIa (HER/03A.)

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

Germany || pm || (2)

Sweden || pm || (2)

Union || pm || (2)

|| ||

TAC || pm ||

(1) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. (2) Special condition: up to 50 % of this amount may be fished in EU waters of IV (HER/*04-C.).

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

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

Germany || pm ||

France || pm ||

The Netherlands || pm ||

Sweden || pm ||

United Kingdom || pm ||

Union || pm ||

Norway || pm || (2)

|| ||

TAC || pm ||

(1) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. Member States must inform the Commission of their landings of herring distinguishing between IVa (HER/04A.) and IVb (HER/04B.). (2) Up to pm tonnes of which may be taken in EU waters of IVa and IVb (HER/*4AB-C). Catches taken within this quota are to be deducted from Norway's share of the TAC.

Special condition:

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

|| Norwegian waters south of 62°N (HER/*04N-) ||

Union || pm

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

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

Union || pm ||

|| ||

TAC || pm ||

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

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

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

Germany || pm ||

Sweden || pm ||

Union || pm ||

|| ||

TAC || pm ||

(1) Exclusively for landings of herring taken as by-catch in fisheries using nets with mesh sizes smaller than 32 mm.

Species: || Herring(1) Clupea harengus || Zone: || IV, VIId and in EU waters of IIa (HER/2A47DX)

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

Denmark || pm ||

Germany || pm ||

France || pm ||

The Netherlands || pm ||

Sweden || pm ||

United Kingdom || pm ||

Union || pm ||

|| ||

TAC || pm ||

(1) Exclusively for landings of herring taken as by-catch in fisheries using nets with mesh sizes smaller than 32 mm.

Species: || Herring(1) Clupea harengus || Zone: || IVc, VIId(2) (HER/4CXB7D)

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

Denmark || pm || (3)

Germany || pm || (3)

France || pm || (3)

The Netherlands || pm || (3)

United Kingdom || pm || (3)

Union || pm ||

|| ||

TAC || pm ||

(1) Exclusively for landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. (2) Except Blackwater stock: reference is to the herring stock in the maritime region of the Thames estuary within a zone delimited by a rhumb line running due south from Landguard Point (51° 56' N, 1° 19,1' E) to latitude 51° 33' N and hence due west to a point on the coast of the United Kingdom. (3) Special condition: up to 50 % of this quota may be taken in IVb (HER/*04B.).

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

Germany || pm || || Analytical TAC

France || pm ||

Ireland || pm ||

The Netherlands || pm ||

United Kingdom || pm ||

Union || pm ||

|| pm ||

TAC || pm ||

(1) Reference is to the herring stock in the part of ICES zone VIa which lies east of the meridian of longitude 7ºW and north of the parallel of latitude 55ºN, or west of the meridian of longitude 7ºW and north of the parallel of latitude 56º, excluding the Clyde.

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

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

Denmark || pm || (1)

Germany || pm || (1)

The Netherlands || pm || (1)

Sweden || pm || (1)

Union || pm ||

|| ||

TAC || pm ||

(1) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 12 % of the quota allocated to that Member State, under the conditions set out in Article 6 of this Regulation.

Species: || Cod Gadus morhua || Zone: || IV; EU waters of IIa; that part of IIIa not covered by the Skagerrak and Kattegat (COD/2A3AX4)

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

Denmark || pm || (1)

Germany || pm || (1)

France || pm || (1)

The Netherlands || pm || (1)

Sweden || pm || (1)

United Kingdom || pm || (1)

Union || pm ||

Norway || pm || (2)

|| ||

TAC || pm ||

(1) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 12 % of the quota allocated to that Member State, under the conditions set out in Article 6 of this Regulation. (2) May be taken in EU waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.

Special condition:

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

|| Norwegian waters of IV (COD/*04N-) ||

Union || pm

Species: || Cod Gadus morhua || Zone: || Norwegian waters south of 62° N (COD/04-N.)

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

Union || pm ||

|| ||

TAC || Not relevant ||

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

Species: || Cod Gadus morhua || Zone: || VIId (COD/07D.)

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

France || pm || (1)

The Netherlands || pm || (1)

United Kingdom || pm || (1)

Union || pm ||

|| ||

TAC || pm ||

(1) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 12 % of the quota allocated to that Member State, under the conditions set out in Article 6 of this Regulation.

Species: || Common dab and European flounder Limanda limanda and Platichthys flesus || Zone: || EU waters of IIa and IV (DAB/2AC4-C) for common dab; (FLE/2AC4-C) for European flounder

Belgium || pm || || Precautionary TAC

Denmark || pm ||

Germany || pm ||

France || pm ||

The Netherlands || pm ||

Sweden || pm ||

United Kingdom || pm ||

Union || pm ||

|| ||

TAC || pm ||

Species: || Anglerfish Lophiidae || Zone: || EU waters of IIa and IV (ANF/2AC4-C) ||

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

Denmark || pm || (1) ||

Germany || pm || (1) ||

France || pm || (1) ||

The Netherlands || pm || (1) ||

Sweden || pm || (1) ||

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

Union || pm || (1) ||

|| || ||

TAC || pm || ||

(1) Special condition: of which up to 5 % may be fished in: VI; EU and international waters of Vb; international waters of XII and XIV (ANF/*56-14). ||

||

Species: || Anglerfish Lophiidae || Zone: || Norwegian waters of IV (ANF/04-N.) ||

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

Denmark || pm || ||

Germany || pm || ||

The Netherlands || pm || ||

United Kingdom || pm || ||

Union || pm || ||

|| || ||

TAC || Not relevant || ||

||

Species: || Haddock Melanogrammus aeglefinus || Zone: || IIIa, EU waters of Subdivisions 22-32 (HAD/3A/BCD) ||

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

Denmark || pm || ||

Germany || pm || ||

The Netherlands || pm || ||

Sweden || pm || ||

Union || pm || ||

|| || ||

TAC || pm || ||

||

Species: || Haddock Melanogrammus aeglefinus || Zone: || IV; EU waters of IIa (HAD/2AC4.) ||

Belgium || pm || || Analytical TAC . ||

Denmark || pm || ||

Germany || pm || ||

France || pm || ||

The Netherlands || pm || ||

Sweden || pm || ||

United Kingdom || pm || ||

Union || pm || ||

Norway || pm || ||

|| || ||

TAC || pm || ||

||

Special condition: ||

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

|| Norwegian waters of IV (HAD/*04N-) || || ||

Union || pm || || ||

||

Species: || Haddock Melanogrammus aeglefinus || Zone: || Norwegian waters south of 62° N (HAD/04-N.) ||

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

Union || pm || ||

|| || ||

TAC || Not relevant || ||

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

||

Species: || Haddock Melanogrammus aeglefinus || Zone: || EU and international waters VIb, XII and XIV (HAD/6B1214) ||

Belgium || pm || || Analytical TAC ||

Germany || pm || ||

France || pm || ||

Ireland || pm || ||

United Kingdom || pm || ||

Union || pm || ||

|| || ||

TAC || pm || ||

||

Species: || Whiting Merlangius merlangus || Zone: || IIIa (WHG/03A.) ||

Denmark || pm || || Precautionary TAC ||

The Netherlands || pm || ||

Sweden || pm || ||

Union || pm || ||

|| || ||

TAC || pm || ||

||

Species: || Whiting Merlangius merlangus || Zone: || IV; EU waters of IIa (WHG/2AC4.) ||

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

Denmark || pm || ||

Germany || pm || ||

France || pm || ||

The Netherlands || pm || ||

Sweden || pm || ||

United Kingdom || pm || ||

Union || pm || ||

Norway || pm || (1) ||

|| || ||

TAC || pm || ||

(1) May be taken in EU waters. Catches taken within this quota are to be deducted from Norway's share of the TAC. ||

Special condition: ||

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

|| Norwegian waters of IV (WHG/*04N-) || ||

Union || pm || ||

||

Species: || Whiting and pollack Merlangius merlangus and Pollachius pollachius || Zone: || Norwegian waters south of 62° N (WHG/04-N.) for whiting; (POL/04-N.) for pollack ||

Sweden || pm || (1) || Precautionary TAC. ||

Union || pm || ||

|| || ||

TAC || Not relevant || ||

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

||

Species: || Blue whiting Micromesistius poutassou || Zone: || Norwegian waters of II and IV (WHB/24-N.) ||

Denmark || pm || || Analytical TAC ||

United Kingdom || pm || ||

Union || pm || ||

|| || ||

TAC || pm || ||

||

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

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

Germany || pm || (1) ||

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

France || pm || (1) ||

Ireland || pm || (1) ||

The Netherlands || pm || (1) ||

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

Sweden || pm || (1) ||

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

Union || pm || (1) ||

Norway || pm || ||

TAC || pm || ||

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

Species: || Blue whiting Micromesistius poutassou || Zone: || VIIIc, IX and X; EU waters of CECAF 34.1.1 (WHB/8C3411)

Spain || pm || || Analytical TAC

Portugal || pm ||

Union || pm || (1)

|| ||

TAC || pm ||

(1) Special condition: of which up to 68 % may be fished in Norwegian EEZ or in the fishery zone around Jan Mayen (WHB/*NZJM2).

||

Species: || Blue whiting Micromesistius poutassou || Zone: || EU waters of II, IVa, V, VI north of 56° 30' N and VII west of 12° W (WHB/24A567) ||

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

|| || ||

TAC || pm || ||

(1) To be counted against Norway's catch limits established under the Coastal States arrangement. (2) Special condition: the catch in IV shall be no more than pmtonnes, i.e. 25 % of Norway's access quota. ||

||

Species: || Lemon sole and witch flounder Microstomus kitt and Glyptocephalus cynoglossus || Zone: || EU waters of IIa and IV (LEM/2AC4-C) for lemon sole; (WIT/2AC4-C) for witch flounder ||

Belgium || pm || || Precautionary TAC ||

Denmark || pm || ||

Germany || pm || ||

France || pm || ||

The Netherlands || pm || ||

Sweden || pm || ||

United Kingdom || pm || ||

Union || pm || ||

|| || ||

TAC || pm || ||

||

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

Germany || pm || || Analytical TAC Article 11 of this Regulation applies. ||

Estonia || pm || ||

Spain || pm || ||

France || pm || ||

Ireland || pm || ||

Lithuania || pm || ||

Poland || pm || ||

United Kingdom || pm || ||

Others || pm || (1) ||

Union || pm || ||

Norway || pm || (2) ||

|| || ||

TAC || pm || ||

(1) Exclusively for by-catches. No directed fisheries are permitted under this quota. (2) To be fished in EU waters of IIa, IV, Vb, VI and VII (BLI/*24X7C). (3) Special rules apply in accordance with Article 1 of Regulation (EC) No 1288/2009[29] and point 7 of Annex III to Regulation (EC) No 43/2009[30]. ||

||

Species: || Ling Molva molva || Zone: || EU and international waters of I and II (LIN/1/2.) ||

Denmark || pm || || Analytical TAC ||

Germany || pm || ||

France || pm || ||

United Kingdom || pm || ||

Others || pm || (1) ||

Union || pm || ||

|| || ||

TAC || pm || ||

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

||

Species: || Ling Molva molva || Zone: || EU waters of IV (LIN/04-C.) ||

Belgium || pm || || Analytical TAC ||

Denmark || pm || ||

Germany || pm || ||

France || pm || ||

The Netherlands || pm || ||

Sweden || pm || ||

United Kingdom || pm || ||

Union || pm || ||

|| || ||

TAC || pm || ||

Species: || Ling Molva molva || Zone: || EU and international waters of V (LIN/05.)

Belgium || pm || || Precautionary TAC

Denmark || pm ||

Germany || pm ||

France || pm ||

United Kingdom || pm ||

Union || pm ||

|| ||

TAC || pm ||

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

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

Denmark || pm ||

Germany || pm ||

Spain || pm ||

France || pm ||

Ireland || pm ||

Portugal || pm ||

United Kingdom || pm ||

Union || pm ||

Norway || pm || (1) (2)

|| ||

TAC || pm ||

(1) Special condition: of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in Vb, VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in VI and VII shall not exceed pm tonnes (OTH/*6X14.). (2) Including tusk. The quotas for Norway are: ling pm tonnes and tusk pm tonnes and are interchangeable of up to pm tonnes and may only be fished with long-lines in Vb, VI and VII.

Species: || Ling Molva molva || Zone: || Norwegian waters of IV (LIN/04-N.)

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

Denmark || pm ||

Germany || pm ||

France || pm ||

The Netherlands || pm ||

United Kingdom || pm ||

Union || pm ||

|| ||

TAC || Not relevant ||

Species: || Norway lobster Nephrops norvegicus || Zone: || IIIa; EU waters of Subdivisions 22-32 (NEP/3A/BCD)

Denmark || pm || || Analytical TAC

Germany || pm ||

Sweden || pm ||

Union || pm ||

|| ||

TAC || pm ||

Species: || Norway lobster Nephrops norvegicus || Zone: || Norwegian waters of IV (NEP/04-N.)

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

Germany || pm ||

United Kingdom || pm ||

Union || pm ||

|| ||

TAC || Not relevant ||

Species: || Northern prawn Pandalus borealis || Zone: || IIIa (PRA/03A.)

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

Sweden || pm || ||

Union || pm || ||

|| || ||

TAC || pm || ||

||

Species: || Northern prawn Pandalus borealis || Zone: || EU waters of IIa and IV (PRA/2AC4-C) ||

Denmark || pm || || Analytical TAC ||

The Netherlands || pm || ||

Sweden || pm || ||

United Kingdom || pm || ||

Union || pm || ||

|| || ||

TAC || pm || ||

||

Species: || Northern prawn Pandalus borealis || Zone: || Norwegian waters south of 62° N (PRA/04-N.) ||

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

Sweden || pm || (1) ||

Union || pm || ||

|| || ||

TAC || Not relevant || ||

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

||

Species: || Plaice Pleuronectes platessa || Zone: || Skagerrak (PLE/03AN.) ||

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

Denmark || pm || ||

Germany || pm || ||

The Netherlands || pm || ||

Sweden || pm || ||

Union || pm || ||

|| || ||

TAC || pm || ||

||

Species: || Plaice Pleuronectes platessa || Zone: || Kattegat (PLE/03AS.) ||

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

Germany || pm || ||

Sweden || pm || ||

Union || pm || ||

|| || ||

TAC || pm || ||

||

Species: || Plaice Pleuronectes platessa || Zone: || IV; EU waters of IIa; that part of IIIa not covered by the Skagerrak and the Kattegat (PLE/2A3AX4) ||

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

Denmark || pm || ||

Germany || pm || ||

France || pm || ||

The Netherlands || pm || ||

United Kingdom || pm || ||

Union || pm || ||

Norway || pm || ||

|| || ||

TAC || pm || ||

||

Special condition: ||

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

|| Norwegian waters of IV (PLE/*04N-) || || ||

Union || pm || || ||

||

Species: || Saithe Pollachius virens || Zone: || IIIa and IV; EU waters of IIa, IIIb, IIIc and Subdivisions 22-32 (POK/2A34.) ||

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

Denmark || pm || ||

Germany || pm || ||

France || pm || ||

The Netherlands || pm || ||

Sweden || pm || ||

United Kingdom || pm || ||

Union || pm || ||

Norway || pm || (1) ||

|| || ||

TAC || pm || ||

(1) May only be taken in EU waters of IV and in IIIa (POK/*3A4-C). Catches taken within this quota are to be deducted from Norway's share of the TAC. ||

||

Species: || Saithe Pollachius virens || Zone: || VI; EU and international waters of Vb, XII and XIV (POK/56-14) ||

Germany || pm || || Analytical TAC ||

France || pm || ||

Ireland || pm || ||

United Kingdom || pm || ||

Union || pm || ||

Norway || pm || (1) ||

|| || ||

TAC || pm || ||

|| || || ||

(1) To be fished north of 56º 30' N. ||

||

Species: || Saithe Pollachius virens || Zone: || Norwegian waters south of 62° N (POK/04-N.) ||

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

Union || pm || ||

|| || ||

TAC || Not relevant || ||

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

||

Species: || Turbot and brill Psetta maxima and Scopthalmus rhombus || Zone: || EU waters of IIa and IV (2) (TUR/2AC4-C) for turbot; (BLL/2AC4-C) for brill ||

Belgium || pm || || Precautionary TAC ||

Denmark || pm || ||

Germany || pm || ||

France || pm || ||

The Netherlands || pm || ||

Sweden || pm || ||

United Kingdom || pm || ||

Union || pm || ||

|| || ||

TAC || pm || ||

||

Species: || Greenland Halibut Reinhardtius hippoglossoides || Zone: || EU waters of IIa and IV; EU and international waters of Vb and VI (GHL/2A-C46) ||

Denmark || pm || || Analytical TAC ||

Germany || pm || ||

Estonia || pm || ||

Spain || pm || ||

France || pm || ||

Ireland || pm || ||

Lithuania || pm || ||

Poland || pm || ||

United Kingdom || pm || ||

Union || pm || ||

Norway || pm || (1) ||

TAC || pm || ||

(1) To be taken in EU waters of IIa and VI. In VI this quantity may only be fished with long-lines (GHL/*2A6-C). ||

||

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

Belgium || pm || (3) || Analytical TAC . ||

Denmark || pm || (3) ||

Germany || pm || (3) ||

France || pm || (3) ||

The Netherlands || pm || (3) ||

Sweden || pm || (1) (2) (3) ||

United Kingdom || pm || (3) ||

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

Norway || pm || (4) ||

|| || ||

TAC || Not relevant || ||

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

Special condition: ||

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

|| IIIa (MAC/*03A.) || IIIa and IVbc (MAC/*3A4BC) || IVb (MAC/*04B.) || IVc (MAC/*04C.) || VI, international waters of IIa, from 1 January to 31 March 2013 and in December 2013 (MAC/*2A6.) ||

Denmark || pm || pm || pm || pm || pm ||

France || pm || pm || pm || pm || pm ||

The Netherlands || pm || pm || pm || pm || pm ||

Sweden || pm || pm || pm || pm || pm ||

United Kingdom || pm || pm || pm || pm || pm ||

Norway || pm || pm || pm || pm || pm ||

||

||

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

Germany || pm || || Analytical TAC .

Spain || pm ||

Estonia || pm ||

France || pm ||

Ireland || pm ||

Latvia || pm ||

Lithuania || pm ||

The Netherlands || pm ||

Poland || pm ||

United Kingdom || pm ||

Union || pm ||

Norway || pm || (1) (2)

|| ||

TAC || Not relevant ||

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

Special condition:

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

|| EU and Norwegian waters of IVa (MAC/*04A-EN) During the periods from 1 January to 15 February 2013 and from 1 September to 31 December 2013 || Norwegian waters of IIa (MAC/*2AN-)

Germany || pm || || pm ||

France || pm || || pm ||

Ireland || pm || || pm ||

The Netherlands || pm || || pm ||

United Kingdom || pm || || pm ||

Union || p