Council Regulation (EC) No 718/2008 of 24 July 2008 amending Regulations (EC) No 2015/2006 and (EC) No 40/2008, as regards fishing opportunities and associated conditions for certain fish stocks
Date: 2008-07-24
Institutions: Council of the European Union
Subjects: authorised catch, fishery management, fishing area, fishing regulations, fishing rights

L 198/8

EN

Official Journal of the European Union

26.7.2008

COUNCIL REGULATION (EC) No 718/2008

of 24 July 2008

amending Regulations (EC) No 2015/2006 and (EC) No 40/2008, as regards fishing opportunities and
associated conditions for certain fish stocks

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

waters where catch limitations are required. The coor­
dinates for certain fisheries restrictive areas were inaccu­
rately indicated in that Regulation and should be
corrected.

(5)

(6)

(7)

(8)

(9)

Having regard to Council Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable exploi­
tation of
the Common Fisheries
Policy (1), and in particular Article 20 thereof,

resources under

fisheries

Having regard to Council Regulation (EC) No 1559/2007 of
17 December 2007 establishing a multi-annual recovery plan
for bluefin tuna in the Eastern Atlantic and Mediterranean (2),
and in particular Article 7 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

Council Regulation (EC) No 2015/2006 (3) fixes for 2007
and 2008 the fishing opportunities
for Community
fishing vessels for certain deep-sea fish stocks.

The descriptions of certain fishing zones in that Regu­
lation should be clarified in order to ensure the correct
identification of the area in which a quota can be fished.

In order to ensure that the multi-annual recovery plan
for bluefin tuna in the Eastern Atlantic and Mediter­
ranean established by Council Regulation (EC) No
certain measures
1559/2007 is
fully implemented,
in
provided for in that Regulation should be adopted;
particular, the number of vessels authorised to fish for
bluefin tuna of below the minimum size in the Atlantic,
and their total allowable catch, should be fixed and
distributed between the Member States concerned.

Council Regulation (EC) No 40/2008 (4) fixes for 2008
the fishing opportunities and associated conditions for
certain fish stocks and groups of fish stocks, applicable
in
in Community waters and, for Community vessels,

(1) OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation

(EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

(2) OJ L 340, 22.12.2007, p. 8.
(3) OJ L 384, 29.12.2006, p. 28. Regulation as last amended by
L 157,

(EC) No 1541/2008 (OJ

Commission Regulation
17.6.2008, p. 23).

(4) OJ L 19, 23.1.2008, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 641/2008 (OJ L 178, 5.7.2008,
p. 17).

Annex IA to Regulation (EC) No 40/2008 lays down the
provisional catch limits for cod in International Council
for the Exploration of the Sea (ICES) zones VIIb-k, VIII,
IX and X and in EC waters of CECAF area 34.1.1.
Following a new scientific assessment of the state of
that stock by the ICES, it is important to set the final
total allowable catch for that stock.

Certain quotas and footnotes were inaccurately indicated
in that Regulation for certain species and should be
corrected.

Pursuant to consultations between the Community and
Iceland on 10 April 2008, an arrangement was reached
on capelin quotas for Icelandic vessels to be fished from
the Community quota allocated under its Agreement
with the Government of Denmark and the
local
Government of Greenland before 30 April 2008, and
on redfish quotas for Community vessels fishing for
redfish in the Icelandic Exclusive Economic Zone to be
fished between July and December. That arrangement
should be implemented in Community law.

the Faeroe

established between the European
The Agreement
Community,
Iceland,
Islands, Greenland,
Norway and the Russian Federation in Copenhagen on
13 and 14 February 2008 regarding the management of
redfish in the Irminger Sea and adjacent waters in the
NEAFC Convention Area in 2008 should be implemen­
ted in Community law. As the Agreement is applicable
for the whole of 2008, the measures adopted for its
implementation
from
1 January 2008.

retroactively

should

apply

The conclusions of the EU-Greenland Joint Committee
meeting in Nuuk on 27 November 2007 and the
technical meeting in Copenhagen on 12 February
2008, as regards the EC share of redfish in Greenland
waters of ICES zones V and XIV should be implemented
in Community law. As the arrangement concluded with
Greenland is connected to the NEAFC Agreement on
the
management of
measures
the
conclusions of
the EU-Greenland Joint Committee
meeting should also apply retroactively from 1 January
2008.

Irminger Sea,
implementation of

redfish in the
the

adopted for

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Official Journal of the European Union

L 198/9

(10)

(11)

In accordance with the Agreed Record of conclusions of
fisheries consultations between the European Community
and Norway of 26 November 2007, the Community is
to undertake trials in 2008 on technical measures for
in number, of
towed gears to reduce the proportion,
cod that
is discarded to no more than 10 %. That
arrangement should be implemented in Community law.

In order to ensure certainty for the fishermen concerned
and to allow them to plan their activities for this fishing
season as soon as possible, it is imperative to grant an
exception to the six-week period referred to in Title I,
Article 3, of
the Protocol on the role of national
Parliaments in the European Union annexed to the
Treaty on the European Union and to the Treaties estab­
lishing the European Communities.

(12)

Regulations (EC) No 2015/2006 and (EC) No 40/2008
should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

allocation among the Member States of
number shall be fixed as follows:

that maximum

Spain

France

EC

63

44

107

The maximum number of Community pelagic trawlers
2.
authorised to fish bluefin tuna of a minimum size of 8 kg or
75 cm as a bycatch in the Eastern Atlantic, and the allo­
cation of that maximum number among the Member States,
shall be fixed as follows:

France

EC

107

107

Amendments to Regulation (EC) No 2015/2006

Article 82b

Part 2 of
the Annex to Regulation (EC) No 2015/2006 is
hereby amended in accordance with Annex I to this Regulation.

Article 2

Amendments to Regulation (EC) No 40/2008

Regulation (EC) No 40/2008 is hereby amended as follows:

Catch limits for bluefin tuna in the Eastern Atlantic

1. Within the catch limits laid down in Annex ID, the
catch limit for bluefin tuna between 8 kg/75 cm and 30
kg/115 cm applicable to authorised Community vessels
referred to in Article 82a, and the allocation of that catch
limit among the Member States, shall be fixed as follows (in
tonnes):

1. Point (a) of Article 30(1) shall be replaced by the following:

‘(a) Deep Sea fisheries restricted area “Lophelia reef off Capo

Santa Maria di Leuca”

— 39° 27,72′ N, 18° 10,74′ E

— 39° 27,80′ N, 18° 26,68′ E

— 39° 11,16′ N, 18° 32,58′ E

— 39° 11,16′ N, 18° 04,28′ E’.

2. The following Articles shall be inserted after Article 82:

‘Article 82a

Maximum number of vessels fishing bluefin tuna in the
Eastern Atlantic

1.
The maximum number of Community bait boats and
trolling boats authorised to fish bluefin tuna of a minimum
size of 8 kg or 75 cm in the Eastern Atlantic, and the

Spain

France

EC

1 117,07 (*)

504

1 621,07

(*) Including a maximum of 80 tonnes of by-catches for trolling boats.

2. Within the catch limits laid down in paragraph 1, the
catch limit for bluefin tuna weighing no less than 6,4 kg or
measuring no less than 70 cm applicable to bait boats of an
overall length of less than 17 metres among the Community
vessels referred to in Article 82a, and the allocation of that
catch limit among the Member States, shall be fixed as
follows (in tonnes):

France

EC

45 (**)

45 (**)

(**) This quantity may be altered by the Commission, up to an amount of 200

tonnes.

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Article 82c

Catch limits for bluefin tuna in the Eastern Atlantic
applicable to the Community coastal fishery

Within the catch limits laid down in Annex ID, the catch
limit for bluefin tuna between and 8 kg and 30 kg allocated
to the Community coastal fishery for fresh fish in the Eastern
Atlantic, and the allocation of that catch limit among the
Member States, shall be fixed as follows (in tonnes):

Spain

France

EC

263,21

61,01
324,22’

3. Annexes IA, IB, III and XIV to Regulation (EC) No 40/2008
shall be amended in accordance with Annex II to this Regu­
lation.

Article 3

Entry into force

This Regulation shall enter into force on the day of its publi­
cation in the Official Journal of the European Union.

However, Article 2, as regards the amendments set out
Annex II(2)(b) and (c)
1 January 2008.

in
to this Regulation shall apply from

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

Done at Brussels, 24 July 2008.

For the Council
The President

B. HORTEFEUX

ANNEX I

In the Annex to Regulation (EC) No 2015/2006, Part 2 is hereby amended as follows:

The entry concerning the species Orange roughy in EC waters and waters not under the sovereignty or jurisdiction of
third countries of ICES zones I, II, III, IV, V, VIII, IX, X, XI, XII and XIV shall be replaced by the following:

‘Species:

Orange roughy
Hoplostethus atlanticus

Zone:

EC waters and waters not under the sovereignty or juris­
diction of third countries I, II, III, IV, V, VIII, IX, X, XII and
XIV

Year

Spain

France

Ireland

Portugal

United Kingdom

EC

2007

2008

4

23

6

7

4

44

3

15

4

5

3

30’

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ANNEX II

The Annexes to Regulation (EC) No 40/2008 are hereby amended as follows:

1. In Annex IA:

(a) The entry concerning the species Cod in VIIb-k, VIII, IX and X and in EC waters of CECAF area 34.1.1 shall be

replaced by the following:

‘Species:

Belgium

France

Ireland

Netherlands

United Kingdom

EC

TAC

Cod
Gadus morhua

Zone:

VIIb-k, VIII,
COD/7X7A34

IX and X; EC waters of CECAP area 34.1.1

Analytical TAC
Article 3 of Regulation (EC) No 847/96 applies.
Article 4 of Regulation (EC) No 847/96 applies.
Article 5(2) of Regulation (EC) No 847/96 applies.’

217

3 725

797

31

404

5 174

5 174

(b) The entry concerning the species Blue whiting in EC waters of II, IVa, V, VI north of 56° 30′ N and VII west of

12° W shall be replaced by the following:

‘Species:

Blue whiting
Micromesistius poutassou

Zone:

EC waters of II, IVa, V, VI north of 56° 30′ N and VII west
of 12° W
WHB/24A567

Norway

Faeroe Islands

196 269 (1) (2)

31 000 (3) (4)

TAC

1 266 282

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Article 5(2) of Regulation (EC) No 847/96 applies.

(1) To be counted against Norway's catch limits established under the Coastal States arrangement.
(2) The catch in zone IV shall be no more than 49 067 tonnes.
(3) To be counted against the catch limits of the Faeroe Islands established under the Coastal States arrangement.
(4) May also be fished in zone VIb. The catch in zone IV shall be no more than 7 750 tonnes.’

2. In Annex IB:

(a)

the entry concerning the species Capelin in Greenland waters of ICES zones V and XIV shall be replaced by the
following:

‘Species:

Capelan
Mallotus villosus

Zone:

Greenland waters of zones V and XIV
CAP/514GRN

All Member States

0

EC

TAC

23 716 (1) (2)

Not relevant

(1) Of which 23 716 tonnes are allocated to Iceland.
(2) To be fished before 30 April 2008.’;

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(b) the entry concerning the species Redfish in EC and international waters of ICES zone V and international waters of

ICES zones XII and XIV shall be replaced by the following:

‘Species:

Redfish
Sebastes spp.

Zone:

EC and international waters of V; international waters of XII
and XIV
RED/51214.

Estonia

Germany

Spain

France

Ireland

Latvia

Netherlands

Poland

Portugal

United Kingdom

EC

TAC

210 (1)

4 266 (1)

Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Article 5(2) of Regulation (EC) No 847/96 applies.

749 (1)

398 (1)

1 (1)

76 (1)

2 (1)

384 (1)

896 (1)

10 (1)

6 992 (1)

46 000

(1) No more than 65 % of the quota can be taken North of 59° N and East of 36° W during the period from 1 April to 15 July
2008. No more than 30 % of the catch limits can be taken North of 59° N and East of 36° W during the period 1 April to
10 May 2008.’;

(c)

the entry concerning the species Redfish in Greenland waters of ICES zones V and XIV shall be replaced by the
following:

‘Species:

Redfish
Sebastes spp.

Zone:

Greenland waters of V and XIV
RED/514GRN

Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Article 5(2) of Regulation (EC) No 847/96 applies.

Germany

France

United Kingdom

EC

TAC

4 248

22

30

8 000 (1) (2)

Not relevant

(1) May only be fished by pelagic trawl. May be fished East or West. The quota may be taken in the NEAFC Regulatory Area on the

condition that Greenlandic reporting conditions are fulfilled.

(2) 3 500 tonnes to be fished with pelagic trawl are allocated to Norway and 200 tonnes are allocated to the Faeroe Islands.’;

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(d) the entry concerning the species Redfish in Icelandic waters of ICES zone Va shall be replaced by the following:

‘Species:

Redfish
Sebastes spp.

Zone:

Icelandic waters of Va
RED/05A-IS

Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Article 5(2) of Regulation (EC) No 847/96 applies.

Belgium

Germany

France

United Kingdom

EC

TAC

100 (1) (2)

1 690 (1) (2)

50 (1) (2)

1 160 (1) (2)

3 000 (1) (2)

Not relevant

(1) Including unavoidable by-catches (by-catches of cod not permitted).
(2) To be fished between July and December.’

3. In Annex III:

(a) A new point shall be inserted after point 9:

‘9a. Reduction of cod discards in the North Sea.

Member States which hold a cod quota shall undertake trials in 2008 on technical measures for towed gears

1.
to reduce the proportion, in number, of cod that is discarded to no more than 10 %.

Member States shall make the results of the trials laid down in point 9a.1 available to the Commission

2.
before 31 December 2008.’

(b) In point 13.1 the coordinates for the ‘Hatton Bank’ shall be replaced by the following:

‘Hatton Bank:

— 59° 26′ N, 14° 30′ W

— 59° 12′ N, 15° 08′ W

— 59° 01′ N, 17° 00′ W

— 58° 50′ N, 17° 38′ W

— 58° 30′ N, 17° 52′ W

— 58° 30′ N, 18° 22′ W

— 58° 03′ N, 18° 22′ W

— 58° 03′ N, 17° 30′ W

— 57° 55′ N, 17° 30′ W

— 57° 45′ N, 19° 15′ W

— 58° 30′ N, 18° 45′ W

— 58° 47′ N, 18° 37′ W

— 59° 05′ N, 17° 32′ W

— 59° 16′ N, 17° 20′ W

— 59° 22′ N, 16° 50′ W

— 59° 21′ N, 15° 40′ W’

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4. In Annex XIV:

In the text reproducing Appendix 3 to Resolution GFMC/31/2007/2, the geographical coordinates for GFCM Geogra­
phical Sub-Area (GSA) number 2 shall be replaced by the following:

‘36° 05′ N 3° 20′ W

36° 05′ N 2° 40′ W

35° 45′ N 2° 40′ W

35° 45′ N 3° 20′ W.’