Proposal for a Council Regulation fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels , in waters where catch limitations are required
Date: 2009-10-16
Institutions: European Commission
Subjects: Community fisheries, authorised catch, fishery resources, fishing regulations, fishing rights, management of resources, sea fish

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.10.2009 
COM(2009) 553 final 

Proposal for a 

COUNCIL REGULATION 

fixing for 2010 the fishing opportunities  
for certain fish stocks and groups of fish stocks, applicable in 
Community waters and, for Community vessels , in waters where 
catch limitations are required  

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The annual fishing opportunities Regulation is the main instrument of the conservation 
policy  under  the  Common  Fisheries  Policy.  It  includes  limitations  on  catches  and  on 
fishing effort in relation to recovery plans and long-term plans and has also included 
(see  section  5)  temporary  measures  and  derogations  to  other  legislation  (such  as  the 
technical measures Regulation, the Regulation for restricting fishing effort on deep sea 
species, etc.).  

Commission  Communication  (COM(2009)  224  final)  sets  out  the  background  to  the 
proposal. Many fish stocks are subject to an advice to reduce catches to zero or to the 
lowest  possible  level.  Many  stocks  are  outside  safe  biological  limits.  Despite 
conservation  measures  imposed  under  the  CFP,  the  number  of  stocks  in  these 
vulnerable  categories  is  not  declining.  That  analysis  confirms  that  reinforced 
conservation measures concerning exploited fish stocks are highly necessary. 

For  2010,  the  advice  from  ICES  and  STECF  once  more  underlines  the  poor  state  of 
many  fish  resources  in  Community  waters.  Most  stocks  are  exploited  at  levels  in 
excess  of  those  corresponding  to  maximum  sustainable  yield.  Many  are  exploited 
beyond precautionary levels, and a number of key stocks, including most cod stocks, 
are exploited at levels corresponding to a very high risk of reproductive failure. 

Council Regulation (EC) No 2371/2002 requires the Commission to propose annually 
the  catch  and  fishing  effort  limitations  to  ensure  that  Community  fisheries  are 
ecologically, economically and socially sustainable. 

•  General context 

Fishery resources are, in many cases, overexploited. Every year the Council establishes 
catch  limitations  but  the  real  level  of  catches  continues  to  be,  in  many  cases,  higher 
than that providing sustainable yields. This results from catch limitations being  fixed 
sometimes  at  levels  that  are  too  high  to  ensure  sustainability  and  to  the  poor 
enforcement of these catch limitations in a number of cases.  

In recent  years,  effort limitations have been introduced in  some fisheries to reinforce 
catch  limitations,  and  multi-annual  recovery  plans  have  been  introduced  for  some 
stocks  to  establish  annual  catch  limitations  within  a  framework  designed  to  achieve 
sustainability through a gradual reduction of fishing mortality.  

Failure to effectively control catches and fishing effort will result in further depletion 
of fishery resources. Such depletion is incompatible with the objective of the Common 
Fisheries Policy of achieving sustainable fisheries in the Community. 

•  Existing provisions in the area of the proposal 

The  existing  provisions  in  the  area  of  the  proposal  are  applicable  until  31  December 
2009,  with  the  exception  of  certain  effort  limitations  which  are  applicable  until  31 
January 2010. 

•  Consistency with other policies and objectives of the Union 

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

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The  proposal  takes  into  account  consultations  held  with  the  Advisory  Committee  on 
Fisheries  and  Aquaculture  ('ACFA'  is  composed  of  representatives  from  professional 
organisations  representing  the  production  sector,  the  processing  industry  and  trade  in 
fishery and aquaculture products as well as non-professional organisations representing 
the interests of consumers, the environment and development), the Regional Advisory 
Councils  (RACs)  with  an  interest  in  the  fisheries  concerned  by  the  proposal.  These 
consultations  have  taken  place  on  the  basis  of  the  Communication  from  the 
Commission  to  the  Council  and  European  Parliament  on  improving  consultation  on 
Community fisheries management (COM(2006)246final), which sets out the principles 
for  the  so  called  front-loading  process,  and  on  the  Communication  from  the 
Commission to the Council on fishing opportunities for 2010 (COM(2009) 224 final), 
which set 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 2010.  

Summary of responses and how they have been taken into account 

RACs insist on the need to ensure that any changes in the annual TACs and Quotas are 
gradual,  in  order  to  minimise  short-term  disruption  to  the  economic  activity.  As  is 
made clear in the detailed explanation of the proposal below, the principle of gradual 
adjustment  and  limitation  of  annual  changes  in  fishery  possibilities  has  been 
incorporated  into  the  proposal  wherever  this  has  been  possible  without  incurring 
deterioration in the state of vulnerable resources. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

Fisheries biology and fisheries economics. 

Methodology used 

Consultation of an independent international scientific body, ICES, and organisation of 
the plenary meeting of the STECF. 

Main organisations/experts consulted 

- International Council for the Exploration of the Sea (ICES). 

- Scientific, Technical and Economic Committee for Fisheries (STECF). 

Summary of advice received and used 

The  existence  of  potentially  serious  risks  with  irreversible  consequences  has  been 
mentioned. There is unanimity on the existence of such risks. 

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

Means used to make the expert advice publicly available 

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

•  Impact assessment 

Catch and effort limitation measures must be adopted by public authorities, as required 
by Article 20 of Council Regulation (EC) No 2371/2002. The proposed measures will, 
if implemented, result in an overall reduction in fishing opportunities for Community 
vessels.  

The  proposal  does  not  only  concern  short-term  decisions  but  is  also  part  of  a  longer 
term  approach  whereby  the  level  of  fishing  is  gradually  reduced  to  long-term 
sustainable levels. 

The approach taken in the proposal will in the short-term result in reduced TACs but as 
the overexploited stocks recover, the catching possibilities will increase. The medium- 
to long-term consequences of the approach are predicted to be a reduced impact on the 
environment  as  a  consequence  of  the  decline  in  fishing  effort,  reductions  in  the 
catching sector in terms of number of vessels and/or in the average fishing effort per 
vessel, and unchanged or increased landings. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The  proposal  establishes  the  catch  and  effort  limitations  applicable  to  Community 
fisheries and to international fisheries where Community vessels participate, in order to 
achieve  the  objective  of  the  Common  Fisheries  Policy  of  ensuring  fisheries  at  levels 
that are biologically, economically and socially sustainable. 

•  Legal basis 

Article 20 of Regulation (EC) No 2371/2002 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason. 

The  Common  Fisheries  Policy  is  a  common  policy  and  should  therefore  be 
implemented through Council Regulations.  

The  Council  Regulation  in  question  allocates  fishing  opportunities  to  Member  States 
but they are entirely free to allocate such opportunities among regions or operators as 
they see fit, so Member States have ample room for manoeuvre on decisions related to 
the  social/economic  model  of  their  choice  to  exploit  their  allocated  fishing 

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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 instruments: Regulation. 

Other means would not be adequate for the following reason: 

This  is  a  proposal  for  fisheries  management  which,  according  to  Council  Regulation 
(EC) No 2371/2002, should be implemented through an annual Council Regulation by 
qualified majority. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5. 

ADDITIONAL INFORMATION 

•  Simplification 

The  proposal  provides  for  simplification  of  administrative  procedures  for  public 
authorities (EC or national), in particular as regards requirements for data transmission 
on the application of the effort management. 

•  Review/revision/sunset clause 

The proposal concerns an annual Regulation for the year 2010 and therefore does not 
include a revision clause. 

•  Detailed explanation of the proposal 

•  Compared  to  previous  years,  the  proposal  is  more  limited  in  scope  and  no  longer 
includes  the  so-called  'associated  conditions'  relevant  for  the  use  of  the  fishing 
opportunities,  but  not  functionally  linked  thereto.  This  is  necessary  in  view  of  the 
possible entry into force of the Lisbon Treaty before the moment of adoption of the 
proposal by the Council in December. 

•  The  Lisbon  Treaty  establishes  co-decision  as  the  ordinary  decision-making 
procedure  for  matters  falling  under  the  CFP.  An  exception  is  foreseen  in  Article 
43(3)  of  the  Treaty  as  regards  measures  "on  the  fixing  and  allocation  of  fishing 
opportunities". These measures are to be adopted by the Council, on a proposal from 
the  Commission,  without  the  involvement  of  the  Parliament.  It  therefore  becomes 
important  to  distinguish  clearly  between  measures  which  can  be  considered  to  be 
functionally linked with the fixing and allocation of fishing opportunities and those 
which, on the contrary, must be adopted via co-decision. 

As regards catch limitations and effort management, the proposal is in accordance with 
the  principles  for  the  so  called  front-loading  process  which  are  set  out  in  the 

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Communication  from  the  Commission  to  the  Council  and  European  Parliament  on 
improving  consultation  on  Community  fisheries  management  (COM(2006)246final) 
and  in  the  Communication  from  the  Commission  to  the  Council  on  fishing 
opportunities for 2009 (COM(2009)224final), which set 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  2010.  In  accordance  with  that 
Communication,  for  an  increasing  number  of  stocks,  such  as  for  example  cod,  hake, 
sole, plaice and nephrops, the fishing opportunities have been established on the basis 
of the rules laid down in the relevant long-term plans. For those stocks for which new 
long-term plans have been proposed (western stock of horse mackerel, northern hake), 
as  well  as  for  those  stocks  for  which  the  Council  and  Commission  committed 
themselves by way of a statement adopted at the 2008 December Council (herring in 
the Celtic  Sea and haddock in  areas Vb  and VIa), the  proposal  follows  the rules laid 
down therein. 

In  accordance  with  the  front-loading  process,  consultations  of  stakeholders  and 
Member  States  have  taken  place  during  the  year,  in  particular  by  way  of  a  joint 
meeting  of  stakeholders  (RACs  and  ACFA)  and  Member  States  on  23  July  and  a 
meeting with stakeholders only (RACs and ACFA) on 29 September 2009. 

The proposal is furthermore in line with the Communication from the Commission to 
the  Council  and  the  European  Parliament  on  implementing  sustainability  in  EU 
fisheries  through  maximum  sustainable  yield  (COM(2006)360final),  in  that  the 
proposal does not correspond to increases in fishing mortality. Such increases would be 
in  conflict  with  the  commitment  of  the  Community  and  the  Member  States  at  the 
World  Summit  on  Sustainable  Development  at  Johannesburg  to  maintain  or  restore 
stocks  to  levels  that  can  produce  the  maximum  sustainable  yield,  with  the  aim  of 
achieving  these  goals  for  depleted  stocks  on  an  urgent  basis,  and  where  possible  not 
later than 2015. 

In  relation  to  effort  management,  for  cod  fisheries,  a  system  based  on  kilowatt  days 
was established in 2008 (Regulation (EC) No 1342/2008). It has been applied in 2009 
and  will  be  continued  in  2010.  For  the  effort  management  for  sole  in  the  Western 
Channel and for southern hake and nephrops, the system of management of days at sea 
per  type  of  vessel  having  a  track  record  in  the  fishery,  will  continue  to  apply  during 
2010,  but  the  proposed  regulation  will  continue  to  allow  Member  States  to  apply  a 
system by kilowatt days in order to make a more efficient use of fishing opportunities 
and to stimulate conservation practices in agreement with the fishing sector.  

The  proposal  includes  catch  limitations  agreed  in  the  context  of  certain  Regional 
Fisheries  Management  Organisations.  Catch  limitations  and  other  recommendations 
from  the  South  East  Atlantic  Fisheries  Organisation  (SEAFO),  the  South  Pacific 
Regional  Fisheries  Management  Organisation  (SPFO),  the  Commission  for  the 
Conservation  of  Southern  Bluefin  Tuna  (CCSBT),  the  Inter  American  Tropical  Tuna 
Commission  (IATTC),  the  Commission  on  the  Conservation  of  Antarctic  Marine 
Living Resources (CCAMLR), the North East Atlantic Fishery Commission (NEAFC) 
and the International Commission for the Conservation of Atlantic Tunas (ICCAT), are 
pending the annual meetings of these organisations in November and December 2009. 
TACs for stocks in Greenland waters, as well as stocks shared jointly with Norway, are 
not available yet, pending the conclusion of consultations in November and December 
of 2009. These TACs are therefore presented as pro memoria (pm).  

It  is  also  to  be  noted  that  in  Annex  II,  which  concerns  fishing  effort  limitations  for 

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vessels  in  the  context  of  the  recovery  of  certain  stocks,  including  cod,  the  maximum 
allowable fishing effort, be it measured in days at sea per vessel or in kilowatt days per 
effort  group,  are  also  currently  indicated  as  pm,  as  the  Commission  is  still  analyzing 
the information and advice from the Scientific, Technical and Economic Committee for 
Fisheries (STECF) regarding effort and catch trends up to and including the year 2007. 
The  STECF  will  hold  its  plenary  meeting  in  November  2009,  after  which  its  final 
report will be made available on the STECF website. The methodology for fixing the 
final fishing effort for the fisheries on sandeel in EC waters of IIa, IIIa and IV is also 
still being analyzed. 

As regards effort management for deep-sea stocks, the Council adopted in December 
2006  a  10  %  reduction  of  the  effort  on  deep-sea  species,  as  compared  with  the  2005 
levels.  This  reduction,  however,  is  lower  than  the  35  %  required  by  the  North  East 
Atlantic  Fishery  Commission  (NEAFC).  A  further  reduction  of  10  %  from  the  same 
reference level was decided for the years 2008 and 2009. For the year 2010, there will 
be no further reduction of effort. However the maximum effort will remain at the level 
applicable in 2009, being 65% of the average annual effort deployed by the vessels of 
the  Member  States  concerned  in  2003.  This  continuation  of  the  effort  limitation  is 
necessary both to meet the Community’s international obligations and to protect stocks 
that,  as  ICES  has  underlined  for  several  years,  are  extremely  fragile  and  in  need  of 
urgent protection due to their extremely low reproductive potential. 

In-year  management  systems  are  maintained  for  short-lived  species  such  as  sandeel, 
Norway pout and sprat in the North sea. In these cases, fishing opportunities proposed 
for the early part of 2010 may be revised in-year in accordance with updated scientific 
advice, through Commission Regulations which will allow for rapid implementation of 
the management measures envisaged. The methodology for calculating the appropriate 
figure  for  the  in-year  revision  of  the  sandeel  TAC  is  currently  being  reviewed.  It  is 
likely that a new methodology  will be agreed with Norway in the autumn,  so  Annex 
IID is likely to be substantially modified. The Regulation will no longer include an in-
year  management  system  for  the  anchovy  stock  in  the  Bay  of  Biscay  as  this  stock  is 
expected  to  be  managed  under  the  proposed  long-term  plan  for  the  anchovy  stock  in 
the Bay of Biscay and the fisheries exploiting that stock (COM(2009)339final), which 
establishes  an  alternative  system  whereby  the  TAC  and  quotas  for  that  stock  are 
established directly in the long-term plan and then confirmed each year in June by the 
Commission on the basis of the latest scientific advice.  

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Proposal for a 

COUNCIL REGULATION 

fixing for 2010 the fishing opportunities  
for certain fish stocks and groups of fish stocks, applicable in 
Community waters and, for Community vessels , in waters where 
catch limitations are required  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community,  

Having  regard  to  Council  Regulation (EC)  No  2371/2002  of  20 December 2002  on  the 
conservation and sustainable exploitation of fisheries resources under the Common Fisheries 
Policy1, and in particular Article 20 thereof, 

Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional 
conditions  for  year-to-year  management  of  TACs  and  quotas2,  and  in  particular  Article  2 
thereof, 

Having regard to Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing 
measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian 
Sea and Western Iberian Peninsula3 and in particular Articles 4 and 8 thereof, 

Having regard to Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a 
multiannual  plan  for  the  sustainable  exploitation  of  the  stock  of  sole  in  the  Bay  of  Biscay4, 
and in particular Article 4 thereof, 

Having  regard  to  Council  Regulation  (EC)  No  509/2007  of  7  May  2007  establishing  a 
multiannual plan for the sustainable exploitation of the stock of sole in the Western Channel5, 
and in particular Articles 3 and 5 thereof,  

Having  regard  to  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  Sea6,  and  in 
particular Articles 6 and 9 thereof, 

Having regard to Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a 
multiannual plan for the stock of herring distributed to the West of Scotland and the fisheries 
exploiting that stock7, and in particular Article 4 thereof, 

Having regard to Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a 
long-term  plan  for  cod  stocks  and  the  fisheries  exploiting  those  stocks8,  and  in  particular 
Articles 7, 8, 9, 11 and 12 thereof, 

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OJ L 358, 31.12.2002, p. 59. 
OJ L 115, 9.5.1996, p. 3. 
OJ L 345, 28.12.2005, p. 5. 
OJ L 65, 7.3.2006, p. 1. 
OJ L 122, 11.5.2007, p. 7. 
OJ L 157, 19.6.2007, p. 1. 
OJ L 344, 20.12.2008, p. 6. 

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Having  regard  to  Council  Regulation  (EC)  No  302/2009  of  6  April  2009  concerning  a 
multiannual  recovery  plan  for  bluefin  tuna  in  the  eastern  Atlantic  and  Mediterranean, 
amending Regulation (EC) No 43/2009 and repealing Regulation (EC) No 1559/20079, and in 
particular Article 9(3),(4),(5),(7), (8), (9) and (10) thereof, 

[Having regard to Council Regulation (EC) No [..]/2009 establishing a long-term plan for the 
Celtic  Sea  cod  stock  and  the  fisheries  exploiting  that  stock10,  and  in  particular  Article  4 
thereof,] 

[Having regard to Council Regulation (EC) No [..]/2009 establishing a multi-annual plan for 
the western stock of Atlantic horse mackerel and the fisheries exploiting that stock11, and in 
particular Article 5 thereof,] 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures 
necessary  to  ensure  access  to  waters  and  resources  and  the  sustainable  pursuit  of 
fishing  activities  taking  account  of  available  scientific  advice  and,  in  particular,  the 
report  prepared  by  the  Scientific,  Technical  and  Economic  Committee  for  Fisheries 
(STECF). 

Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council 
to establish the total allowable catches (TAC) by fishery or group of fisheries. Fishing 
opportunities should be allocated to Member States and third countries in accordance 
with the criteria laid down in Article 20 of that Regulation and by having due regard to 
the objectives of the Common Fisheries Policy established in Article 2 of Regulation 
(EC) No 2371/2002. Moreover, in order for the fishing opportunities to be optimal and 
applied in an effective way, certain conditions functionally linked to them should be 
fixed. 

The TACs should be established on the basis of the available scientific advice and by 
taking  into  account  the  biological  and  socio-economic  aspects  whilst  ensuring  fair 
treatment between fishing sectors. In this regard, it is necessary to take account of the 
opinions expressed during the consultation of stakeholders, in particular at the meeting 
on 23 July 2009 with the Advisory Committee for Fisheries and Aquaculture (ACFA), 
the  concerned  Regional  Advisory  Councils  (RACs)  and  Member  States  and  on  29 
September 2009 with ACFA and the concerned RACs.  

For  stocks  subject  to  specific  multiannual  plans,  the  TACs  should  be  established  in 
accordance with the rules laid down in those plans. Consequently, the TACs for stocks 
of hake, of Norway lobster, of sole in the Bay of Biscay, the Western Channel and the 
North Sea, of plaice in the North Sea, of herring to the West of Scotland, of cod in the 
Kattegat,  North  Sea,  Skagerrak,  eastern  Channel,  to  the  West  of  Scotland  and  in  the 
Irish and the Celtic Sea, and for the western stock of Atlantic horse mackerel should 
be  established  in  accordance  with  the  rules  laid  down  in  Regulations  (EC)  No 
2166/2005,  (EC)  No  388/2006,(EC)  No  509/2007,  (EC)  No  676/2007,  (EC)  No 
1300/2008, (EC) No 1342/2008, (EC) No 302/2009, (EC) No [..]/2009 (celtic cod) and 
Regulation (EC) No [..]/2009 (horse mackerel) respectively. 

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OJ L 348, 24.12.2008, p. 20. 
OJ L 96, 15.4.2009, p. 1. 
OJ L , , p. . 
OJ L , , p. . 

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(5) 

(6) 

(7) 

(8) 

(9) 

In accordance with Article 2 of Regulation (EC) No 847/96, the stocks that are subject 
to the various measures referred to therein must be identified. 

It  is  necessary  to  establish  the  maximum  allowable  effort  ceilings  for  2010  in 
accordance with Article 8 of Regulation (EC) No 2166/2005, Article 5 of Regulation 
(EC) No 509/2007, Article 9 of Regulation (EC) No 676/2007, Articles 11 and 12 of 
(EC)  No  1342/2008  and  Articles  5  and  9  of  Regulation  (EC)  No  302/2009,  while 
taking account of Council Regulation (EC) No 754/2009 excluding certain groups of 
vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 
1342/200812.  

It is necessary, following the advice from the ICES, to maintain and revise a system to 
manage the fishing effort on sandeel in EC waters of ICES zones IIa, IIIa and IV. 

In the light of the most recent scientific advice from the 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. 

Fishing opportunities should be used in accordance with the Community legislation on 
the  subject,  and  in  particular  with  Commission  Regulation  (EEC)  No  2807/83  of 
22 September 1983  laying  down  detailed rules for recording information on Member 
States' catches of fish13, Council Regulation (EEC) No 2930/86 of 22 September 1986 
defining  characteristics  for  fishing  vessels14,  Commission  Regulation  (EEC) 
No 1381/87  of  20  May  1987  establishing  detailed  rules  concerning  the  marking  and 
documentation  of  fishing  vessels15,  Council  Regulation  (EEC)  No  3880/91  of  17 
December 1991 on the submission of nominal catch statistics by Member States in the 
north-east  Atlantic16,  Council  Regulation  (EC)  No  1627/94  of  27 June  1994  laying 
down  general  provisions  concerning  special  fishing  permits17,  Council  Regulation 
(EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be 
landed  for  industrial  purposes  other  than  direct  human  consumption18,  Council 
Regulation  (EC)  No 2347/2002  of  16  December  2002  establishing  specific  access 
requirements  and  associated  conditions  applicable  to  fishing  for  deep-sea  stocks19, 
Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of 
the  fishing  effort  relating  to  certain  Community  fishing  areas  and  resources20, 
Commission  Regulation (EC)  No 2244/2003  of  18  December  2003  laying  down 
detailed  provisions  regarding  satellite-based  Vessel  Monitoring  Systems21,  Council 
Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures 
applicable  to  fishing  activities  in  the  area  covered  by  the  Convention  on  the 
conservation  of  Antarctic  marine  living  resources22,  Council  Regulation  (EC)  No 
2115/2005 of 20 December 2005 establishing a recovery plan for Greenland halibut in 

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22 

OJ L 214, 19.08.2009, p. 16. 
OJ L 276, 10.10.1983, p. 1. 
OJ L 274, 25.9.1986, p. 1. 
OJ L 132, 21.5.1987, p. 9. 
OJ L 365, 31.12.1991, p. 1. 
OJ L 171, 6.7.1994, p. 7.  
OJ L 191, 7.7.1998, p. 10. 
OJ L 351, 28.12.2002, p. 6. 
OJ L 289, 7.11.2003, p. 1.  
OJ L 333, 20.12.2003, p. 17. 
OJ L 97, 1.4.2004, p. 16. 

EN 

10 

   EN 

 
                                                 
remote  sensing24,  Council  Regulation 

the framework of the Northwest Atlantic Fisheries Organisation23, Regulation (EC) No 
2166/2005, Regulation (EC) No 388/2006, Council Regulation (EC) No 1966/2006 of 
21 December 2006 on electronic recording and reporting of fishing activities and on 
means  of 
(EC)  No  1967/2006  of 
21 December 2006 concerning management measures for the sustainable exploitation 
of  fishery  resources  in  the  Mediterranean  Sea25,  Regulation  (EC)  No  509/2007, 
Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures 
for the conservation of certain stocks of highly migratory species26, Regulation (EC) 
No 676/2007 Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down 
conservation  and  enforcement  measures  applicable  in  the  Regulatory  Area  of  the 
Northwest  Atlantic  Fisheries  Organisation27,  Commission  Regulation 
(EC) 
No 1077/2008 of 3 November 2008 laying down detailed rules for the implementation 
of  Council  Regulation  (EC)  No 1966/2006  on  electronic  recording  and  reporting  of 
fishing  activities  and  on  means  of  remote  sensing  and  repealing  Regulation  (EC) 
No 1566/200728,  Council  Regulation  (EC)  No  1005/2008  of  29  September  2008 
establishing  a  Community  system  to  prevent,  deter  and  eliminate  illegal,  unreported 
and  unregulated  fishing,  amending  Regulations  (EEC)  No  2847/93,  (EC)  No 
1936/2001  and  (EC)  No  601/2004  and  Repealing  Regulations  (EC)  No  1093/94  and 
(EC) No 1447/199929, Council Regulation (EC) No 1006/2008 of 29 September 2008 
concerning authorisations for fishing activities of Community fishing vessels outside 
Community  waters  and  the  access  of  third  country  vessels  to  Community  waters30, 
Regulation (EC) No 1300/2008, Regulation (EC) No 1342/2008, Regulation (EC) No 
302/2009, Council Regulation (EC) No [..]/2009 laying down a Scheme of control and 
enforcement  applicable  in  the  area  covered  by  the  Convention  on  future  multilateral 
cooperation  in  the  North-East  Atlantic  fisheries31,  Council  Regulation  (EC)  No 
[..]/2009  establishing  a  Community  control  system  for  ensuring  compliance  with  the 
rules  of  the  common  fisheries  policy32,  Regulation  (EC)  No  [..]/2009  (Celtic  Cod), 
Regulation  (EC)  No  [..]/2009  (horse  mackerel)  and  Council  Regulation  (EC)  No 
[..]/2009  concerning  the  conservation  of  fisheries  resources  through  technical 
measures33. 

(10) 

In  accordance  with  the  procedure  provided  for  in  the  agreements  or  protocols  on 
fisheries  relations,  the  Community  has  held  consultations  on  fishing  rights  with 
Norway34, the Faroe Islands35 and Greenland36. 

(11)  The  Community  is  a  contracting  party  to  several  fisheries  organisations,  and 
participates in other organisations as a cooperating non-party. Moreover, by virtue of 
the  Act  concerning  the  conditions  of  accession  of  the  Republic  of  Poland  to  the 

23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 

OJ L 340, 23.12.2005, p. 3. 
OJ L 409, 30.12.2006, p. 1. 
OJ L 36, 8.2.2007, p. 6. 
OJ L 123, 12.5.2007, p. 3. 
OJ L 318, 5.12.2007, p. 1. 
OJ L 295, 4.11.2008, p. 3. 
OJ L 286, 29.10.2008, p. 1. 
OJ L 286, 29.10.2008, p. 33. 
OJ L , , p. . 
OJ L , , p. . 
OJ L , , p. . 
OJ L 226, 29.8.1980, p. 48. 
OJ L 226, 29.8.1980, p. 12. 
OJ L 172, 30.6.2007, p. 1. 

EN 

11 

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(12) 

(13) 

(14) 

(15) 

European  Union,  as  from  its  date  of  accession  fisheries  agreements  previously 
concluded  by  this  country,  such  as  the  Convention  on  the  Conservation  and 
Management  of  Pollock  resources  in  the  central  Bering  Sea,  are  managed  by  the 
Community.  Those  fisheries  organisations  have  recommended  the  introduction  for 
2010 of a number of measures, including fishing opportunities for community vessels. 
Those fishing opportunities should be implemented by the Community. 

[The  Inter-American  Tropical  Tuna  Commission  (IATTC)  failed  to  adopt  catch 
limitations for yellowfin tuna, bigeye tuna and skipjack tuna at its Annual Meeting in 
2009, and although the Community is not a member of the IATTC, it is necessary to 
regulate the fishing opportunities for resource under the jurisdiction of the IATTC in 
order to its ensure sustainable management.] 

[At  its  Annual  Meeting  in  2009,  the  South  East  Atlantic  Fisheries  Organisation 
(SEAFO)  adopted  catch  limits  for  two  additional  fish  stocks  in  the  SEAFO 
Convention  Area.  It  is  necessary  to  implement  these  catch  limits  into  Community 
law.] 

[During  the  Third  International  Meeting  for  the  creation  of  a  new  South  Pacific 
Regional  Fisheries  Management  Organisation  (SPFO)  held  in  May  2007,  the 
participants  adopted  interim  measures,  including  fishing  opportunities,  in  order  to 
regulate pelagic fishing activities as well as bottom fisheries in the South Pacific. It is 
necessary to implement these fishing opportunities into Community law.] 

In  order  to  ensure  the  livelihood  of  Community  fishers  and  in  order  to  avoid 
endangering  resources  and  any  possible  difficulty  due  to  the  lapsing  of  Council 
Regulation  (EC)  No  43/2009  of  16  January  2009  fixing  for  2009  the  fishing 
opportunities  and  associated  conditions  for  certain  fish  stocks  and  groups  of  fish 
stocks, applicable in Community waters and, for Community vessels, in waters where 
catch  limitations  are  required37,  it  is  essential  to  open  those  fisheries  on  1  January 
2010. Given the urgency of the matter, 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 European Union and to 
the Treaties establishing the European Communities, 

HAS ADOPTED THIS REGULATION: 

TITLE I 
Scope and definitions 

Article 1  
Subject matter 

This  Regulation  fixes  the  following  fishing  opportunities  and  the  conditions  functionally 
linked to the use of those fishing opportunities: 

– 

for  the  year  2010,  fishing  opportunities  for  certain  fish  stocks  and  groups  of  fish 
stocks, and 

37 

OJ L 22, 26.1.2009, p. 1. 

EN 

12 

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– 

for the year 2011, certain effort limitations, and, for the periods set out in Section 2 
of Chapter III of Title II and in Annexes IE and V, fishing opportunities for certain 
Antarctic stocks. 

Article 2  
Scope 

If not otherwise provided for, this Regulation shall apply to: 

(a) 

(b) 

Community fishing vessels ("Community vessels"); and  

Fishing  vessels  flying  the  flag  of,  and  registered  in,  third  countries  ("third-country 
vessels") in Community waters ("EC waters"). 

Article 3 
Definitions 

For  the  purposes  of  this  Regulation,  in  addition  to  the  definitions  laid  down  in  Article  3  of 
Regulation (EC) No 2371/2002, the following definitions shall apply: 

(a) 

(b) 

(c) 

(d) 

"total  allowable  catches"  (TAC)  means  the  quantity  that  can  be  taken  and  landed 
from each stock each year; 

"quota" means a proportion of the TAC allocated to the Community, Member States 
or third countries; 

"international waters" means waters falling outside the sovereignty or jurisdiction of 
any State; 

"mesh  size"  means  the  mesh  size  as  determined  in  accordance  with  Commission 
Regulation  (EC)  No  517/2008  of  10 June  2008  laying  down  detailed  rules  for  the 
implementation of Council Regulation (EC) No 850/98 as regards the determination 
of the mesh size and assessing the thickness of twine of fishing nets38. 

Article 4 
Fishing zones 

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

(a) 

(b) 

(c) 

ICES (International Council for the Exploration of the Sea) zones are as defined in 
Regulation (EEC) No 3880/91; 

"Skagerrak"  means  the  area  bounded  on  the  west  by  a  line  drawn  from  the 
Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn 
from  the  Skagen lighthouse  to  the  Tistlarna  lighthouse  and  from  this  point  to  the 
nearest point on the Swedish coast; 

"Kattegat"  means  the  area  bounded  on  the  north  by  a  line  drawn  from  the  Skagen 
lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the 
Swedish  coast  and  on  the  south  by  a  line  drawn  from  Hasenøre  to  Gnibens  Spids, 
from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;  

(d) 

"Gulf of Cádiz" means the area of ICES zone IXa east of longitude 7º23'48"W;  

38 

OJ L 151, 11.6.2008, p. 5. 

EN 

13 

   EN 

 
                                                 
(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

CECAF  (Eastern  Central  Atlantic  or  FAO  major  fishing  zone 34)  zones  are  as 
defined  in  Council  Regulation  (EC)  No  2597/95  of  23  October  1995  on  the 
submission  of  nominal  catch  statistics  by  Member  States  fishing  in  certain  areas 
other than those of the North Atlantic39;  

NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Council 
Regulation  (EEC)  No  2018/93  of  30  June  1993  on  the  submission  of  catch 
and activity statistics by Member States fishing in the Northwest Atlantic40;  

SEAFO (South East Atlantic Fisheries Organisation) zones are as defined in Council 
Decision  2002/738/EC  of  22  July  2002  on  the  conclusion  by  the  European 
Community  of  the  Convention  on  the  Conservation  and  Management  of  Fishery 
Resources in the South-East Atlantic Ocean41; 

the ICCAT (International Commission for the Conservation of Atlantic Tunas) zone 
is as defined in Council Decision 86/238/EECof 9 June 1986 on the accession of the 
Community to the International Convention for the Conservation of Atlantic Tunas, 
as  amended  by  the  Protocol  annexed  to  the  Final  Act  of  the  Conference  of 
Plenipotentiaries  of  the  States  Parties  to  the  Convention  signed  in  Paris  on  10  July 
198442;  

CCAMLR (Convention on the Conservation of Antarctic Marine Living Resources) 
zones are as defined in Regulation (EC) No 601/2004; 

the IATTC (Inter American Tropical Tuna Convention) zone is as defined in Council 
Decision 2006/539/EC of 22 May 2006 on the conclusion, on behalf of the European 
Community, of 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 Rica43;  

the IOTC (Indian Ocean Tuna Commission) zone is as defined in Council Decision 
95/399/EC  of  18  September  1995  on  the  accession  of  the  Community  to  the 
Agreement for the establishment of the Indian Ocean Tuna Commission44;  

"SPFO  (South  Pacific  Regional  Fisheries  Management  Organisation)  area"  means 
the high seas area south of the Equator, north of the CCAMLR Convention area, east 
of the SIOFA Convention Area as defined in the Council Decision 2006/496/EC of 6 
July  2006  on  the  signing,  on  behalf  of  the  European  Community,  of  the  Southern 
Indian Ocean Fisheries Agreement45, and west of the areas of fisheries jurisdictions 
of South American States; 

the WCPFC (Western and Central Pacific Fisheries Convention) zone is as defined in 
Council Decision 2005/75/EC of 26 April 2004 on the accession of the Community 
to  the  Convention  on  the  Conservation  and  Management  of  Highly  Migratory  Fish 
Stocks in the Western and Central Pacific Ocean46.  

39 
40 
41 
42 
43 
44 
45 
46 

OJ L 270, 13.11.1995, p. 1. 
OJ L 186, 28.7.1993, p. 1. 
OJ L 234, 31.8.2002, p. 39. 
OJ L 162, 18.6.1986, p. 33. 
OJ L 224, 16.8.2006, p. 22. 
OJ L 236, 5.10.1995, p. 24. 
OJ L 196, 18.7.2006, p. 14. 
OJ L 32, 4.2.2005, p. 1. 

EN 

14 

   EN 

 
                                                 
(o) 

"High  Seas  of  the  Bering  Sea"  means  the  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. 

EN 

15 

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TITLE II 
Fishing opportunities 
for Community vessels 

Chapter I 

General provisions 

Article 5  
Catch limits and allocations 

1. 

2. 

3. 

4. 

5. 

6. 

The  catch  limits  for  Community  vessels  in  EC  waters  or  in  certain  non-EC  waters 
and  the  allocation  of  such  catch  limits  among  Member  States  and  additional 
conditions in accordance with Article 2 of Regulation (EC) No 847/96 are set out in 
Annex I. 

Community vessels are hereby authorised to make catches, within the quota limits 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  conditions  set  out  in  Article  12  of  and  Annex  III  to  this  Regulation  and  in 
Regulation (EC) No 1006/2008 and its implementing provisions. 

The Commission shall fix the catch limits for the fisheries on sandeel in EC waters of 
ICES zones IIa, IIIa and IV according to the rules laid down in point 6 of Annex IID. 

The Commission shall fix catch limits for capelin in Greenland waters of ICES zones 
V and XIV available to the Community at 7,7 % of the capelin TAC as soon as the 
TAC has been established. 

Catch limits for the stock of Norway pout in EC waters of ICES zones IIa, IIIa and 
IV and for the stock of sprat in EC waters of ICES zones IIa and IV may be revised 
by the Commission in accordance with the procedure referred to in Article 30(2) of 
Regulation (EC) No 2371/2002 in the light of scientific information collected during 
the first half of 2010. 

As  a  consequence  of  a  revision  of  the  stock  of  Norway  pout  in  accordance  with 
paragraph 5, the catch limits for the stocks of whiting in EC waters of ICES zone IIa, 
IIIa and IV and for the stocks of haddock in EC waters of ICES zone IIa, III and IV 
may be revised by the Commission in accordance with the procedure referred to in 
Article  30(2)  of  Regulation  (EC)  No  2371/2002  to  take  into  account  industrial 
by-catches in the Norway pout fishery.  

Article 6  
Prohibited species 

[It shall be prohibited for Community vessels to fish for, to retain on board, to tranship and to 
land the following species: 

(a) 

Basking shark (Cetorhinus maximus) and White shark (Carcharodon carcharias) in 
all EC and non-EC waters; 

(b) 

Angel shark (Squatina squatina) in all EC waters; 

EN 

16 

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(c) 

(d) 

Common skate (Dipturus batus) in EC waters of IIa, III, IV, VI, VII, VIII, IX and X, 
and 

Undulate ray (Raja undulate) and White skate (Rostroraja alba) in EC waters of VI, 
VII, VIII, IX and X.] 

Article 7 
Special provisions on allocations 

1. 

The allocation of fishing opportunities among Member States as set out in Annex I 
shall be without prejudice to: 

(a) 

(b) 

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

reallocations  made  pursuant  to  Articles  [..]  of  Regulation  (EC)  No  [..]/2009 
(control  regulation),  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  [..]  of  Regulation  (EC)  No  [..]/2009 
(control regulation)].  

Article 5(2) of Regulation (EC) No 847/96 shall apply to all stocks subject to either 
precautionary or analytical TAC.  

Articles  3  and  4  of  Regulation  (EC)  No  847/96  shall  apply  to  all  stocks  subject  to 
analytical TAC, except where otherwise specified in Annex I.  

Paragraphs  2  and  3  shall  apply  without  prejudice  to  Article  [..]  of  Regulation  (EC) 
No [..]/2009 (control regulation). 

2. 

3. 

4. 

Article 8 
Fishing effort limits  

From 1 February 2010 to 31 January 2011, the fishing effort measures laid down in: 

(a) 

(b) 

(c) 

(d) 

Annex  IIA  shall  apply  for  the  management  of  certain  stocks  in  the  Kattegat,  the 
Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat, 
ICES zones IV, VIa, VIIa, VIId and EC waters of ICES zone IIa and Vb; 

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

Annex IIC shall apply for the management of the sole stock in ICES zone VIIe; 

Annex  IID  shall  apply  for  the  management  of  sandeel  stocks  in  EC  waters  of 
ICES zones IIa, IIIa and IV .  

EN 

17 

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1. 

2. 

3. 

Article 9  
Catch and effort limits deep sea fisheries 

In  addition  to  the  catch  limits  laid  down  in  Regulation  (EC)  No  1359/2008  of  28 
November 2008 fixing for 2009 and 2010 the fishing opportunities for Community 
fishing vessels for certain deep-sea fish stocks47, it shall be prohibited to catch and 
retain  on  board,  tranship  or  to  land  any  aggregate  quantity  of  the  deep-sea  species 
and  of  Greenland  halibut  in  excess  of  100 kg  in  each  sea  trip,  unless  the  vessel  in 
question holds a deep-sea permit issued in accordance with Article 3 of Regulation 
(EC) No 2347/2002. 

Member States shall ensure that fishing activities which lead to catches and retention 
on  board  of  more  than  10  tonnes  each  calendar  year  of  deep-sea  species  and  of 
Greenland halibut by vessels flying their flag and registered in their territory shall be 
subject to a deep-sea fishing permit. 

Member  States  shall  ensure  that  for  2010  the  fishing  effort  levels,  measured  in 
kilowatt  days  absent  from  port,  by  vessels  holding  deep-sea  fishing  permits  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 
and/or  deep-sea  species,  as  listed  in  Annexes  I  and  II  to  Regulation  (EC)  No 
2347/2002,  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  
Conditions for landing catches and by-catches 

1. 

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

(a) 

(b) 

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

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

2. 

By way of derogation from paragraph 1, the following fish may be retained on board 
and  landed  even  if  a  Member  State  has  no  quotas  or  the  quotas  or  shares  are 
exhausted: 

(a) 

species, other than herring and mackerel, where 

(i) 

they  are  caught  mixed  with  other  species  with  nets  whose  mesh  size  is 
less  than  32  mm  in  accordance  with  Article  [..]  of  Regulation  (EC)  No 
[..]/2009 (technical measures regulation); and 

(ii) 

the catches are not sorted either on board or on landing; 

or 

(b)  mackerel, where 

(i) 

they are caught mixed with horse mackerel or pilchard; 

47 

OJ L 352, p.1. 

EN 

18 

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(ii) 

they do not exceed 10 % of the total weight of mackerel, horse mackerel 
and pilchard on board and; 

(iii) 

the catches are not sorted either on board or on landing. 

All landings shall count against the quota or, if the Community quota has not been 
allocated  between  Member  States  by  quotas,  against  the  Community  quota,  except 
for catches made under the provisions of paragraph 2. 

The determination of the percentage of by-catches and their disposal shall be made in 
accordance  with  Article  [..]  of  Regulation  (EC)  No  [..]/2009  (technical  measures 
regulation). 

Article 11  
Unsorted landings in ICES zones IIIa, IV and VIId 
and EC waters of ICES zone IIa 

When catch limits of a Member State for herring in ICES zones IIIa, IV and VIId and 
EC  waters  of  ICES  zone  IIa  are  exhausted,  vessels  flying  the  flag  of  that  Member 
State,  registered  in  the  Community  and  operating  within  the  fisheries  to  which  the 
relevant catch limitations apply, shall be prohibited from landing catches which are 
unsorted and which contain herring. 

Member  States  shall  ensure  that  an  adequate  sampling  programme  is  in  place 
allowing  an  efficient  monitoring  of  unsorted  landings  by  species  caught  in  ICES 
zones IIIa, IV and VIId and EC waters of ICES zone IIa. 

Unsorted catches in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa 
shall be landed only at ports and landing locations where a sampling programme as 
referred to in paragraph 2 is in place. 

3. 

4. 

1. 

2. 

3. 

Article 12 
Data transmission 

When, pursuant to Articles [..] of Regulation (EC) No [..]/2009 (control regulation), Member 
States send the Commission data relating to landings of quantities of stocks caught, they shall 
use the stock codes set out in Annex I to this Regulation. 

Chapter II 

Fishing authorisation in third country waters 

Article 13 
Fishing authorisations  

1. 

2. 

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

If 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. 

EN 

19 

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Chapter III 

Fishing opportunities in waters of regional fisheries management 
organisations  

SECTION 1  

ICCAT AREA 

Article 14  
Limitations to the number of vessels authorised to fish bluefin tuna 

The maximum number of the following vessels shall be limited as set out in Annex IV: 

– 

– 

– 

1. 

2. 

1. 

2. 

3. 

Community  bait  boats  and  trolling  boats  authorised  to  fish  actively  bluefin  tuna 
(Thunnus thynnus) between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic; 

Community  coastal  artisanal  fishing  vessels  authorised  to  fish  actively  bluefin  tuna 
between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean; 

Community  vessels  fishing  actively  bluefin  tuna  in  the  Adriatic  Sea  for  farming 
purposes authorised to fish bluefin tuna between 8 kg/75 cm and 30 kg/115 cm. 

SECTION 2  

CCAMLR AREA 

Article 15  
Prohibitions and catch limitations  

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

For new and exploratory fisheries, the catch and by-catch limits set out in Annex V, 
Part B, shall apply in the Subareas set out in that Part. 

Article 16  
Exploratory fisheries  

Fishing vessels flying the flag of, and registered in a Member State that have been 
notified  to  CCAMLR  in  accordance  with  the  provisions  of  Articles  7  and  7a  of 
Regulation (EC)  No 601/2004  may  participate  in  long-line  exploratory  fisheries  for 
Dissostichus  spp.  in  Subareas  FAO 88.1  and  88.2  as  well  as  in  Divisions  58.4.1, 
58.4.2 and 58.4.3(b) outside areas of national jurisdiction. 

No more than one fishing vessel shall fish in Division 58.4.3(b) at any one time. 

With regard to Subareas FAO 88.1 and 88.2 as well as Divisions 58.4.1, 58.4.2 and 
58.4.3(b)  total  catch  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 catch limit, and that SSRU shall be closed to fishing for 
the remainder of the season. 

EN 

20 

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4. 

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  Subareas 
FAO  88.1  and  88.2  as  well  as  in  Divisions  58.4.1, 58.4.2  and  58.4.3(b)  shall  be 
prohibited in depths less than 550 m. 

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1. 

2. 

3. 

4. 

Article 17  
Krill fishery during the 2010/2011 fishing season 

Only  those  Member  States  which  are  Members  of  the  CCAMLR  Commission  may 
fish for krill in the CCAMLR Convention Area during the 2010/2011 fishing season. 
Such  Member  States,  if  intending  to  fish  for  krill  (Euphasia  superba)  in  the 
CCAMLR  Convention  Area,  shall  notify  the  CCAMLR  Secretariat  and  the 
Commission, in accordance with Article 5a of Regulation (EC) No 601/2004, and in 
any case no later than 1 June 2010: 

(a) 

of their 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.  

The notification, referred to in paragraph 1 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. 

Member  States  intending  to  fish  for  krill  in  the  CCAMLR  Convention  Area  shall 
only notify authorised vessels flying its flag at the time of the notification. 

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

(a) 

full  details  of  the  intended  replacement  vessel(s)  referred  to  in  paragraph 2, 
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  IUU  Vessel 
Lists to participate in krill fisheries. 

SECTION 3  

IOTC AREA 

Article 18  
Limitation of fishing capacity of vessels fishing 
in the IOTC Area  

1. 

2. 

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

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

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3. 

4. 

5. 

Member States may change the number of vessels referred to in paragraphs 1 and 2, 
by gear type, 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. 

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.  No  vessels 
featuring  on  the  IUU  vessels  list  of  any  Regional  Fisheries  Management 
Organisation may be transferred.  

In order to take into account the implementation of the development plans submitted 
to the IOTC, Member States may only increase the limitations of fishing capacity, as 
mentioned in this Article, within the limits set out in those development plans.  

SECTION 4  

SFPO AREA 

Article 19  
Bottom fisheries  

Member  States  shall  limit  bottom  fishing  effort  or  catch  in  the  SPFO  area  to  the  average 
annual levels over the period 1 January 2002 to 31 December 2006 in terms of the number of 
fishing vessels and other parameters that reflect the level of catch, fishing effort, and fishing 
capacity and to only those parts of the SFPO area where bottom fisheries has occurred during 
the previous fishing season. 

SECTION 5  

IATTC AREA 

Article 20  
Purse-seine fisheries  

1. 

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

a) 

from  either,  29  July  to  28  September  2010,  or,  10  November  2010  to  18 
January 2011 in the area defined by the following limits: 

– 

– 

– 

– 

the Pacific coastlines of the Americas, 

longitude 150° W, 

latitude 40° N, 

latitude 40° S. 

b) 

from  29  September  to  29  October  2010  in  the  area  defined  by  the  following 
limits: 

– 

– 

– 

longitude 94° W,  

longitude 110° W, 

latitude 3° N, 

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– 

latitude 5° S. 

2. 

3. 

The Member States concerned shall notify the Commission of the selected period of 
closure referred to in paragraph 1(a) before 1 April 2010. All the purse seine vessels 
of  the  Member  States  concerned  must  stop  purse-seine  fishing  in  the  defined  area 
during the period selected. 

Purse  seiners  fishing  for  tuna  in  the  Regulatory  Area  of  the  IATTC  shall  retain  on 
board  and  then  land  all  bigeye,  skipjack  and  yellowfin  tuna  caught,  except  fish 
considered  unfit  for  human  consumption  for  reasons  other  than  size.  A  single 
exception shall be the final set of a trip, when there may be insufficient well space 
remaining to accommodate all the tuna caught in that set. 

SECTION 6  

SEAFO AREA 

Article 21  
Measures for the protection of deep water sharks 

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

SECTION 7 

WCPFC AREA 

Article 22  
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 Area is limited to the fishing effort provided for 
in fisheries partnership agreements between the Community and coastal States in the region. 

Article 23  
Closed area for FAD fishing 

1. 

2. 

In the part of the WCPFC Area located between 20°N and 20°S, fishing activities of 
purse seine vessels making use of FADs shall be prohibited between 00:00 hours on 
1 August 2010 and  24:00 hours  on  30 September 2010. During  this  period, a  purse 
seine  vessel  may  only  engage  in  fishing  operations  within  that  part  of  the  WCPFC 
Area, if it carries onboard an observer to monitor that at no time does the vessel: 

– 

– 

deploy or service a FAD or associated electronic device, 

fish on schools in association with FADs. 

All purse seine vessels fishing in the part of the WCPFC Area referred to in the first 
sentence  of  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: 

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(a) 

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

(b)  when  the  fish  is  unfit  for  human  consumption  for  reasons  other  than  those 

connected with size, or  

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

Article 24 
Limitations to the number of vessels authorised to fish swordfish  

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

SECTION 8 

BERING SEA 

Article 25  
Prohibition to fish in the High Seas of the Bering Sea  

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

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TITLE III  

Fishing opportunities for third-country vessels in EC 
waters 

Article 26  
Catch limits 

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

Article 27  
Fishing authorisations  

1. 

2. 

The  maximum  number  of  fishing  authorisations  for  third-country  vessels  fishing  in 
EC waters shall be laid down in Annex VIII.  

Fish  from  stocks  for  which  catch  limits  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 28  
Prohibited species 

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

(a) 

(b) 

(c) 

(d) 

Basking shark (Cetorhinus maximus) and white shark (Carcharodon  carcharias) in 
all EC waters; 

Angel shark (Squatina squatina) in all EC waters; 

Common skate (Dipturus batis) in EC waters of IIa, III, IV, VI, VII, VIII, IX and X, 
and 

Undulate ray (Raja undulata) and white skate (Rostroraja alba) in EC waters of VI, 
VII, VIII, IX and X.] 

TITLE IV  

Final provisions 

Article 29  
Amendment of Regulation (EC) No 1359/2008 

In  Part  2  of  the  Annex  to  Regulation  (EC)  No  1359/2008,  the  entry  concerning  roundnose 
grenadier in Community waters and waters not under the sovereignty or jurisdiction of third 
countries of III is replaced by the following: 

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"Species: 

Roundnose Grenadier 

Zone: 

Coryphaernoides rupestris 

Community  waters  and  waters  not  under  the 
sovereignty or jurisdiction of third countries of 
III (1) 

(RNG/03-) 

Year 

Denmark 

Germany 

Sweden 

EC 

(1) 

2009 

804 

5 

41 

850 

2010 

804 

5 

41 

850 

No  directed  fishery  for  roundnose  grenadier  shall  be  conducted  in  ICES  zone  IIIa  pending 
consultations between the European Community and Norway. " 

Article 30  
Final provision 

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

I shall apply from 1 January 2010. 

Where  the  fishing  opportunities  for  the  CCAMLR  area  are  set  for  periods  starting  before  1 
January  2010,  Section  2  of  Chapter  III  of  Title  II  and  Annexes IE  and  V  shall  apply  with 
effect  from  the  beginning  of  the  respective  periods  of  application  of  those  fishing 
opportunities. 

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

Done at Brussels,  

For the Council 
The President 

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