Proposal for a COUNCIL REGULATION amending Council Regulation (EU) No 57/2011 as regards fishing opportunities for certain fish stocks
Date: 2011-05-02
Institutions: European Commission
Subjects: EU waters, North Sea, authorised catch, fish, fishing area

EUROPEAN COMMISSION 

Brussels, 2.5.2011 
COM(2011) 243 final 

2011/0101 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EU) No 57/2011 as regards fishing opportunities for 
certain fish stocks 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Council Regulation (EU) No 57/2011 fixes for 2011 the fishing opportunities for certain fish 
stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-
EU  waters.  It  focuses  mainly  on  Atlantic  and  North  Sea  stocks.  The  Regulation  is  usually 
amended several times during the period in which it is in effect.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Not applicable. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The main proposed amendments seek to modify the Regulation as follows: 

1.  Quotas  for  jack  mackerel  in  the  South  Pacific  Regional  Fisheries  Management 
Organisation  (SPRFMO)  were  only  established  following  the  outcome  of  the  2nd 
Preparatory Conference for the SPRFMO Commission scheduled on 24-28 January 2011. 
In  consequence,  the  quotas  had  to  be  left  empty  in  the  relevant  table  of  the  adopted 
Regulation  57/2011.  Since  these  SPRFMO  quotas  are  now  available,  it  is  necessary  to 
include them in the text. 

2.  In addition, on 10 December 2010, the Western and Central Pacific Fisheries Commission 
(WCPFC) agreed on two additional fishing opportunities for EU vessels, which, due to the 
timing  of  the  decision,  were  not  incorporated  in  Regulation  57/2011.  In  order  to  ensure 
compliance  with  this  WCPFC  decision,  it  is  necessary  to  implement  these  fishing 
opportunities into EU law. 

3.  Finally,  the  proposal  seeks  to  introduce  two  changes  in  the  regulation  that  revise  the 
administration  of  certain  quotas,  without  affecting  the  overall  TACs  concerned.  The 
proposed  changes  are  proposed  after  a  thorough  technical  analysis  which  concluded  on 
their feasibility without impact on the conservation measures concerned: 

•  The first modification introduces the possibility for Spain and Portugal to use its 

quotas for blue whiting flexibly between the two zones. 

•  The second modification concerns the revision of the allocation key to the special 
condition applying to the TAC of Norway lobster TAC in subarea VII, and which 
limits  the  maximum  catches  that  can  be  taken  in  the  Porcupine  Bank;  The 
proposed modification seeks to ensure that the allocation key is based on effective 
track record of catches in the Porcupine Bank. 

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2011/0101 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EU) No 57/2011 as regards fishing opportunities for certain fish 
stocks 

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,1 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Council Regulation (EU) No 57/20112 fixes for 2011 the fishing opportunities for certain fish 
stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU 
waters. 

It  is  desirable  to  implement  flexible  arrangements  regarding  the  use  of  blue  whiting  quotas 
across the two main management areas provided for in Annex IA to Council Regulation (EU) 
No  57/2011  for  that  fishery,  (i.e.  the  area  consisting  of  EU  and  international  waters  of  ICES 
zones I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV and the area consisting 
of  ICES  zones  VIIIc,  IX  and  X  and  EU  waters  of  CECAF  34.1.1)  since  those  two  areas  are 
subject to the same scientific advice and considered part of the same biological stock. 

Annex  IA  to  Regulation  (EU)  No  57/2011  establishes  general  quotas  for  Norway  lobster  in 
ICES zone VII and specific quotas for Norway lobster in the area of the Porcupine Bank located 
within that zone. The specific quotas relating to the Porcupine Bank should be amended on the 
basis of a distribution key reflecting the historic catches of the various fleets in that area over a 
reference period from 1999 to 2008. 

At its Annual Meeting in 2010, the Western and Central Pacific Fisheries Commission decided 
to maintain the limits imposed for that year on swordfish catches and on the number of vessels 
authorised to fish for swordfish, with effect from 1 January 2011. It is necessary to implement 
those measures in Union law.  

During  the  Third  International  Meeting,  held  in  May  2007,  for  the  creation  of  a  Regional 
Fisheries Management Organisation (RFMO) in the high seas of the South Pacific (SPRFMO), 
the participants accepted interim measures, including fishing opportunities, in order to regulate 

1 
2 

OJ Reference 
OJ Reference 

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pelagic fishing activities as well as bottom fisheries in that area until the establishment of such 
RFMO. At the 2nd Preparatory Conference for the SPRFMO Commission in January 2011, new 
interim  measures  have  been  accepted.  Those  interim  measures  are  voluntary  and  not  legally 
binding under international law. It is however appropriate, in accordance with the co-operation 
and conservation obligations enshrined in the International Law of the Sea, to implement those 
measures  in  Union  law  by  establishing  an  overall  quota  for  the  Union  and  providing  for  the 
provisional allocation of that quota among the Member States concerned. This share-out should 
be established on the basis of sound, fair and objective criteria of the past fishing performance 
of the  Member States  over the  years where  all concerned Member States were present on the 
fishing grounds, i.e. 2009 and 2010. Accordingly, the share for each concerned Member State in 
2011 should correspond to their individual share of catches in the overall EU catch in 2009 and 
2010. 

(6) 

(7) 

(8) 

Annex  IIB  of  Council  Regulation  (EU)  No  57/2011  sets  fishing  effort  limitations  for  the 
recovery  of  certain  southern  hake  and  Norway  lobster  stocks  in  divisions  VIIIc  and  IXa 
excluding the Gulf of Cadiz. It is appropriate to clarify the wording of a special condition set 
out in the framework of those fishing effort limitations.  

Annex  IIC  to  Regulation  (EU)  No  57/2011  sets  fishing  effort  limitations  for  the  purposes  of 
Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the 
sustainable exploitation of the stock of sole in the Western Channel3. It is necessary to align the 
wording of that Annex IIC with the wording of Article 5(2) of (EC) No 509/2007 . 

Catch  limits  and  fishing  effort  limits  laid  down  in  Regulation  (EU)  No  57/2011  apply,  in 
general, respectively from 1 January 2011 and from 1 February 2011. Therefore, the provisions 
of  this  Regulation  concerning  catch  limits  and  fishing  effort  limits  should  apply  retroactively 
from those respective dates, except where indicated otherwise.  

HAS ADOPTED THIS REGULATION: 

Article 1 

Amendment to Regulation (EU) No 57/2011 

Regulation (EU) No 57/2011 is amended as follows: 

1. 

Annex IA is amended as follows: 

(a)  The  entry  for  blue  whiting  in  EU  and  international  waters  of  I,  II,  III,  IV,  V,  VI,  VII, 

VIIIa, VIIIb, VIIId, VIIIe, XII and XIV is replaced by the following: 

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) 

Analytical TAC 

1 533 
596 
1 300 
1 067 

(1) 

(1) 

(1) (2) 

(1) 

"Species: 

Denmark 
Germany 
Spain 
France 

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OJ L 122, 11.5.2007, p. 7 

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Ireland 
The Netherlands 
Portugal 
Sweden 
United Kingdom 
EU 

1 187 
1 869 
121 
379 
1 990 
10 042 

(1) 

(1) 

(1) (2) 

(1) 

(1) 

(1) 

TAC 
(1)  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." 

40 100 

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(b)  The entry for Norway lobster in zone VII is replaced by the following: 

Norway lobster 
Nephrops norvegicus 

Zone: 

VII 
(NEP/07.) 

Analytical TAC 

1 306 
5 291 
8 025 
7 137 
21 759 

21 759 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

Of  which  no  more  than  the  following  quotas  may  be  taken  in  VII  (Porcupine  Bank  –  Unit 16) 

"Species: 

Spain 
France 
Ireland 
United Kingdom 
EU 

TAC 
(1) 
(NEP/*07U16): 
Spain 

France 

Ireland 

United Kingdom 

EU 

429 

277 

437 

111 

1 254" 

(c)  The entry for mackerel in zone IIIa and IV; EU waters of IIa, IIIb, IIIc and Subdivisions 

"Species: 

Belgium 
Denmark 
Germany 
France 
The Netherlands 
Sweden 
United Kingdom 
EU 
Norway 

22-32 is replaced by the following: 

Mackerel 
Scomber scombrus 

Zone: 

IIIa and IV; EU waters of IIa, IIIb, IIIc 
and Subdivisions 22-32  
(MAC/2A34.) 

Article 3 of Regulation (EC) No 847/96 does not apply. 

425 
11 209 
443 
1 339 
1 348 
4 038 
1 248 
20 002 
169 019 

(3)(5) 

(3)(5) 

(3)(5) 

(3)(5) 

(3)(5) 

(1)(2)(3)(5) 

(3)(5) 

(1)(3)(5) 

(4) 

TAC 
(1) 
(2)  When  fishing  in  Norwegian  waters,  by-catches  of  cod,  haddock,  pollack  and  whiting  and  saithe  are  to  be 

Including 242 tonnes to be taken in Norwegian waters south of 62°N(MAC/*04N-). 

Not relevant 

counted against the quotas for these species. 

(3)  May also be taken in Norwegian waters of IVa. 
(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 47 197 tonnes. This quota  may be fished in IVa only, except for 3 000 
tonnes that may be fished in IIIa. 
Provisional quota in accordance with Article 1(2) of this Regulation. 

(5) 

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Special condition: 
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following 
zones. These are provisional quantities in accordance with Article 1(2) of this Regulation: 

IIIa 
(MAC/
*03A.) 

and 

IIIa 
IVbc  
(MAC/*3A4
BC) 

IVb  
(MAC/*04B.) 

IVc 
(MAC/*04C.) 

Denmark 
France 
The Netherlands 
Sweden 
United Kingdom 
Norway 

0 
0 
0 
0 
0 
3 000 

4 130 
490 
490 
0 
490 
0 

0 
0 
0 
390 
0 
0 

0 
0 
0 
10 
0 
0 

VI, international 
waters  of 
IIa, 
from  1 January 
31 March 
to 
in 
and 
2011 
December  2011 
(MAC/*2A6.) 

5 012 
0 
0 
1 697 
0 
0" 

2. 

In annex IC, the entry for northern prawn in zone NAFO 3L is replaced by the following: 

"Species: 

Estonia 
Latvia 
Lithuania 
Poland 
Other Member States 
EU 

TAC 
(1) 

Zone: 

NAFO 3L(1) 
(PRA/N3L.) 

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

Northern prawn 
Pandalus borealis 
214 
214 
214 
214 
213 
1069 

(2) 

19 200 

Not including the box bounded by the following coordinates: 
Point No 
1 
2 
3 
4 

Latitude N 
47° 20' 0 
47° 20' 0 
46° 00' 0 
46° 00' 0 

Longitude W 
46° 40' 0 
46° 30' 0 
46° 30' 0 
46° 40' 0 

(2) 

Except Estonia, Latvia, Lithuania and Poland." 

3. 

Annex IH is replaced by the following : 

"ANNEX IH 

 WCPFC CONVENTION AREA 

Species: 

EU 

TAC 

Swordfish 
Xiphias gladius 

3 170,36 

Not relevant" 

Zone: 

WCPFC Convention Area south of 20° S  
(SWO/F7120S) 

Analytical TAC 

4. 

Annex IJ is replaced by the following: 

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"ANNEX IJ 

SPRFMO CONVENTION AREA 

Jack mackerel 
Trachurus murphyi  

Zone: 

SPRFMO Convention Area 
(CJM/SPRFMO) 

10 223,67 

11 080,80 

7 112,63 

12 231,90 

40 649" 

Species: 

Germany 

The Netherlands 

Lithuania 

Poland 

EU 

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5. 

In Annex IIB, point 5.2. is replaced by the following : 

"5.2. 

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

(a) 

(b) 

the total landings of hake in the year 2008 or  2009 made by the  vessel shall represent 
less than 5 tonnes or less than 3 % of the total landings in live weight consigned in the 
fishing logbook of the vessel; and 

the total landings of Norway lobster in the year 2008 or 2009 made by the vessel shall 
represent less than 2,5 tonnes according to the landings in live weight consigned in the 
fishing logbook." 

6. 

Annex IIC is amended as follows: 

(a)  Point 2 is replaced by the following: 

“2. Fishing gear  

For the purposes of this Annex, the following groupings of fishing gears shall apply:  

(a) beam trawls of mesh size equal to or greater than 80 mm;  

(b) static nets including gill-nets, trammel-nets and tangle-nets with mesh size equal to or less 
than 220 mm.” 

(b) Table I is replaced by the following: 

Gear 

point 2 

“Table I 

Denomination 

Western Channel 

Only the gear groupings as defined in point 2 
are used 

2(a)  

2(b)  

Beam trawls of mesh size ≥ 80 mm  

Static nets with mesh size ≤ 220 mm  

164 

164” 

7. 

Annex VII is replaced by the following: 

"ANNEX VII 

WCPFC CONVENTION AREA 

Maximum number of EU vessels authorised to fish for swordfish in areas south of 20° S of the WCPFC 
Convention Area 

Spain 
EU 

14 
14" 

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Article 2 

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

Points 1 to 4 and point 7 of Article 1 shall apply from 1 January 2011. 

Points 5 and 6 of Article 1 shall apply from 1 February 2011. 

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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