Council Regulation (EU) No 683/2011 of 17 June 2011 amending Regulation (EU) No 57/2011 as regards fishing opportunities for certain fish stocks
Date: 2011-06-20
Institutions: Council of the European Union
Subjects: EU waters, catch by species, catch quota, conservation of fish stocks, fishing area, international waters, sea fish, sea fishing, ship's flag




L_2011187EN.01000101.xml










16.7.2011   


EN


Official Journal of the European Union


L 187/1








            COUNCIL REGULATION (EU) No 683/2011
of 17 June 2011
         
amending 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,

Whereas:







(1)


Council Regulation (EU) No 57/2011 (1) 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.












(2)


Consultations on fishing opportunities between the Union and the Faroe Islands failed to result in an agreement for 2011. After a further round of consultations with Norway in March 2011, the fishing opportunities reserved for the consultations with the Faroe Islands can now be allocated to Member States. Therefore, Article 1 of Regulation (EU) No 57/2011 and the relevant TACs in Annexes IA and IB thereto should be amended in order to distribute the non-allocated quota and to reflect the traditional allocation of mackerel in the North-East Atlantic.












(3)


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 Regulation (EU) No 57/2011 for that fishery (namely 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.












(4)


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. It is necessary to fix those specific quotas anew for the year 2011 on the basis of updated data on historic catches.












(5)


Further to the consultations concluded on 17 March 2011 between coastal states (Faroe Islands, Greenland and Iceland) and other North East Atlantic Fisheries Convention (NEAFC) parties (Union and Norway) on the management of redfish in the Irminger Sea and adjacent waters, it is necessary to establish TACs for redfish in those areas while respecting the agreed time and area restrictions. Annex IB to Regulation (EU) No 57/2011 should be amended accordingly.












(6)


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.












(7)


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 pelagic fishing activities as well as bottom fisheries in that area until the establishment of such RFMO. New interim measures have been accepted at the Second Preparatory Conference for the SPRFMO Commission, held in January 2011. Those interim measures are voluntary and not legally binding under international law. It is however appropriate, in accordance with the cooperation 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. For the purpose of allocating the Union quota among the Member States, it is appropriate to establish a new and final allocation key on the basis of sound, fair and objective criteria of the past fishing performance of the Member States in 2009 and 2010 which is a recent and sufficiently representative period during which all Member States concerned were present on the fishing grounds.












(8)


Annex IIB to Regulation (EU) No 57/2011 sets fishing effort limitations for the recovery of certain southern hake and Norway lobster stocks in ICES 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 and the consequences of receiving an unlimited number of days for landings in the 2011 management period.












(9)


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 Channel (2). It is necessary to align the wording of that Annex with the wording of Article 5(2) of Regulation (EC) No 509/2007.












(10)


Regulation (EU) No 57/2011 applies, in general, from 1 January 2011. However, the fishing effort limits are laid down for a 1-year period starting from 1 February 2011. In order to follow the year-to-year regime of reporting on fishing opportunities, the provisions of this Regulation concerning catch limits and allocations should apply from 1 January 2011 and the provisions concerning fishing effort limits should apply from 1 February 2011, except where indicated otherwise. Such retroactive application is without prejudice to the principle of legal certainty as the fishing opportunities concerned have not yet been exhausted. For reasons of urgency, this Regulation should enter into force immediately after its publication,





HAS ADOPTED THIS REGULATION:



Article 1

Amendments to Regulation (EU) No 57/2011

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






(1)


Article 1 is replaced by the following:

‘Article 1
Subject matter
This Regulation fixes the following fishing opportunities:






(a)


for the year 2011, catch limits for certain fish stocks and groups of fish stocks;










(b)


for the period from 1 February 2011 to 31 January 2012, certain effort limits;










(c)


for the periods set out in Articles 20, 21 and 22 and in Annexes IE and V, fishing opportunities for certain stocks in the Convention Area of the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR);










(d)


for the periods set out in Article 28, fishing opportunities for certain stocks in the Convention Area of the Inter American Tropical Tuna Commission (IATTC); and










(e)


additional fishing opportunities for mackerel resulting from uncaught quota in 2010.’;















(2)


Annex IA is amended as follows:






(a)


the entry for sandeel and associated by-catches in EU waters of IIa, IIIa and IV is replaced by the following:



















‘Species


:


Sandeel and associated by-catches

Ammodytes spp.













Zone


:


EU waters of IIa, IIIa and IV (3)

(SAN/2A3A4.)








Denmark


334 324 


Analytical TAC




United Kingdom


7 308 




Germany


511 




Sweden


12 277 




EU


354 420  (4)





Norway


20 000 




TAC


374 420 





Special conditions:

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





















Zone


:


EU waters of sandeel management areas








 


1


2


3


4


5


6


7




 


(SAN/*234_1)


(SAN/*234_2)


(SAN/*234_3)


(SAN/*234_4)


(SAN/*234_5)


(SAN/*234_6)


(SAN/*234_7)




Denmark


282 989 


32 072 


9 434 


9 434 


0 


395 


0 




United Kingdom


6 186 


701 


206 


206 


0 


9 


0 




Germany


433 


49 


14 


14 


0 


1 


0 




Sweden


10 392 


1 178 


346 


346 


0 


15 


0 




EU


300 000 


34 000 


10 000 


10 000 


0 


420 


0 




Norway


20 000 


0 


0 


0 


0 


0 


0 




Total


320 000 


34 000 


10 000 


10 000 


0 


420 


0 ’;




















(b)


the entry for herring in IIIa is replaced by the following:














‘Species


:


Herring (5)


Clupea harengus














Zone


:


IIIa
(HER/03A.)








Denmark


12 608  (6)



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




Germany


202  (6)





Sweden


13 189  (6)





EU


25 999  (6)





TAC


30 000 














(c)


the entry for herring in EU and international waters of Vb, VIb and VIaN is replaced by the following:














‘Species


:


Herring

Clupea harengus














Zone


:


EU and international waters of Vb, VIb and VIaN (7)

(HER/5B6ANB)








Germany


2 513 


Analytical TAC




France


475 




Ireland


3 396 




The Netherlands


2 513 




United Kingdom


13 584 




EU


22 481 




TAC


22 481 














(d)


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:














‘Species


:


Blue whiting

Micromesistius poutassou














Zone


:


EU and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV
(WHB/1X14)








Denmark


1 533  (8)



Analytical TAC




Germany


596  (8)





Spain


1 300  (8)
 (9)





France


1 067  (8)





Ireland


1 187  (8)





The Netherlands


1 869  (8)





Portugal


121  (8)
 (9)





Sweden


379  (8)





United Kingdom


1 990  (8)





EU


10 042  (8)





TAC


40 100 














(e)


the entry for blue ling in EU waters and international waters of Vb, VI, VII is replaced by the following:














‘Species


:


Blue ling

Molva dypterygia














Zone


:


EU waters and international waters of Vb, VI, VII
(BLI/5B67-) (12)









Germany


20 


Analytical TAC
Article 13 of this Regulation applies.




Estonia


3 




Spain


62 




France


1 422 




Ireland


5 




Lithuania


1 




Poland


1 




United Kingdom


362 




Others


5  (10)





EU


1 717 




Norway


150  (11)





TAC


2 032 














(f)


the entry for ling in EU and international waters of VI, VII, VIII, IX, X, XII and XIV is replaced by the following:














‘Species


:


Ling

Molva molva














Zone


:


EU and international waters of VI, VII, VIII, IX, X, XII and XIV
(LIN/6X14.)








Belgium


30 


Analytical TAC
Article 13 of this Regulation applies.




Denmark


5 




Germany


109 




Spain


2 211 




France


2 357 




Ireland


591 




Portugal


5 




United Kingdom


2 716 




EU


8 024 




Norway


6 140  (13)
 (14)





TAC


14 164 














(g)


the entry for Norway lobster in zone VII is replaced by the following:














‘Species


:


Norway lobster

Nephrops norvegicus














Zone


:


VII
(NEP/07.)








Spain


1 306  (15)



Analytical TAC




France


5 291  (15)





Ireland


8 025  (15)





United Kingdom


7 137  (15)





EU


21 759  (15)





TAC


21 759  (15)















(h)


the entry for mackerel in IIIa and IV; EU waters of IIa, IIIb, IIIc and Subdivisions 22-32 is replaced by the following:

















‘Species


:


Mackerel

Scomber scombrus














Zone


:


IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId
(MAC/2A34.)








Belgium


517  (18)



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




Denmark


18 084  (18)
 (20)





Germany


539  (18)





France


1 629  (18)





The Netherlands


1 640  (18)





Sweden


4 860  (16)
 (17)
 (18)





United Kingdom


1 518  (18)





EU


28 787  (16)
 (18)
 (20)





Norway


169 019  (19)





TAC


Not relevant





Special condition:

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












 


IIIa
(MAC/*03A.)


IIIa and IVbc
(MAC/*3A4BC)


IVb
(MAC/*04B.)


IVc
(MAC/*04C.)


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




Denmark


0 


4 130 


0 


0 


9 764  ()





France


0 


490 


0 


0 


0 




The Netherlands


0 


490 


0 


0 


0 




Sweden


0 


0 


390 


10 


1 847 




United Kingdom


0 


490 


0 


0 


0 




Norway


3 000 


0 


0 


0 


0 





()  Includes 183 tonnes of quota transferred from unused 2010 fishing opportunities.’;




















(i)


the entry for mackerel in VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV is replaced by the following:














‘Species


:


Mackerel

Scomber scombrus














Zone


:


VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV
(MAC/2CX14-)








Germany


20 694 


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




Spain


22 




Estonia


172 




France


13 797 




Ireland


68 978 




Latvia


127 




Lithuania


127 




The Netherlands


30 177 




Poland


1 457 




United Kingdom


189 694 




EU


325 245  (24)





Norway


14 050  (22)
 (23)





TAC


Not relevant





Special condition:

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









 


EU and Norwegian waters of IVa
(MAC/*04A-EN)
During the periods from 1 January to 15 February 2011 and from 1 September to 31 December 2011


Norwegian waters of IIa
(MAC/*2AN-)




Germany


8 326 


849 




France


5 551 


566 




Ireland


27 754 


2 832 




The Netherlands


12 142 


1 238 




United Kingdom


76 325 


7 789 




EU


130 098 


13 274 ’;




















(j)


the entry for mackerel in VIIIc, IX and X; EU waters of CECAF 34.1.1 is replaced by the following:













‘Species


:


Mackerel

Scomber scombrus














Zone


:


VIIIc, IX and X; EU waters of CECAF 34.1.1
(MAC/8C3411)








Spain


30 609  (25)



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




France


203  (25)





Portugal


6 327  (25)





EU


37 139 




TAC


Not relevant





Special condition:

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








 


VIIIb
(MAC/*08B.)




Spain


2 570 




France


17 




Portugal


531 ’;




















(k)


the entry for mackerel in Norwegian waters of IIa and IVa is replaced by the following:














‘Species


:


Mackerel

Scomber scombrus














Zone


:


Norwegian waters of IIa and IVa
(MAC/2A4A-N.)








Denmark


13 018  (26)
 (27)



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




EU


13 018  (26)
 (27)





TAC


Not relevant














(l)


the entry for sprat and associated by-catches in EU waters of IIa and IV is replaced by the following:














‘Species


:


Sprat and associated by-catches

Sprattus sprattus














Zone


:


EU waters of IIa and IV
(SPR/2AC4-C)








Belgium


1 835 


Precautionary TAC




Denmark


145 273 




Germany


1 835 




France


1 835 




The Netherlands


1 835 




Sweden


1 330  (28)





United Kingdom


6 057 




EU


160 000  (31)





Norway


10 000  (29)





TAC


170 000  (30)















(m)


the entry for horse mackerel and associated by-catches in EU waters of IIa, IVa; VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of XII and XIV is replaced by the following:














‘Species


:


Horse mackerel and associated by-catches

Trachurus spp.













Zone


:


EU waters of IIa, IVa; VI, VIIa-c,VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of XII and XIV
(JAX/2A-14)








Denmark


15 781  (32)



Analytical TAC




Germany


12 314  (32)
 (33)





Spain


16 795 




France


6 338  (32)
 (33)





Ireland


41 010  (32)





The Netherlands


49 406  (32)
 (33)





Portugal


1 618 




Sweden


675  (32)





United Kingdom


14 850  (32)
 (33)





EU


158 787  (34)





TAC


158 787 


















(3)


Annex IB is amended as follows:






(a)


the entry for cod and haddock in Faroese waters of Vb is replaced by the following:














‘Species


:


Cod and haddock

Gadus morhua and Melanogrammus aeglefinus














Zone


:


Faroese waters of Vb
(C/H/05B-F.)








Germany


0 


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




France


0 




United Kingdom


0 




EU


0 




TAC


Not relevant’;














(b)


the entry for blue whiting in Faroese waters is replaced by the following:














‘Species


:


Blue whiting

Micromesistius poutassou














Zone


:


Faroese waters
(WHB/2A4AXF)








Denmark


0 


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




Germany


0 




France


0 




The Netherlands


0 




United Kingdom


0 




EU


0 




TAC


40 100  (35)















(c)


the entry for ling and blue ling in Faroese waters of Vb is replaced by the following:














‘Species


:


Ling and blue ling

Molva molva and Molva dypterygia














Zone


:


Faroese waters of Vb
(B/L/05B-F.)








Germany


0 


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




France


0 




United Kingdom


0 




EU


0 




TAC


Not relevant’;














(d)


the entry for northern prawn in Greenland waters of V and XIV is replaced by the following:














‘Species


:


Northern prawn

Pandalus borealis














Zone


:


Greenland waters of V and XIV
(PRA/514GRN)








Denmark


1 950 


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




France


1 950 




EU


7 000  (36)





TAC


Not relevant














(e)


the entry for saithe in Faroese waters of Vb is replaced by the following:














‘Species


:


Saithe

Pollachius virens














Zone


:


Faroese waters of Vb
(POK/05B-F.)








Belgium


0 


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




Germany


0 




France


0 




The Netherlands


0 




United Kingdom


0 




EU


0 




TAC


Not relevant’;














(f)


the entry for Greenland halibut in Greenland waters of NAFO 0 and 1 is replaced by the following:














‘Species


:


Greenland halibut

Reinhardtius hippoglossoides














Zone


:


Greenland waters of NAFO 0 and 1
(GHL/N01GRN)








Germany


1 850 


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




EU


2 650  (37)





TAC


Not relevant














(g)


the entry for Greenland halibut in Greenland waters of V and XIV is replaced by the following:














‘Species


:


Greenland halibut

Reinhardtius hippoglossoides














Zone


:


Greenland waters of V and XIV
(GHL/514GRN)








Germany


5 867 


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




United Kingdom


309 




EU


7 000  (38)





TAC


Not relevant














(h)


the entry for redfish in EU and international waters of V; international waters of XII and XIV is replaced by the following:














‘Species


:


Redfish (shallow pelagic)

Sebastes spp.













Zone


:


EU and international waters of V; international waters of XII and XIV
(RED/51214S)








Estonia


0  (39)



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




Germany


0  (39)





Spain


0  (39)





France


0  (39)





Ireland


0  (39)





Latvia


0  (39)





The Netherlands


0  (39)





Poland


0  (39)





Portugal


0  (39)





United Kingdom


0  (39)





EU


0  (39)





TAC


0  (39)






















Species


:


Redfish (deep pelagic)

Sebastes spp.













Zone


:


EU and international waters of V; international waters of XII and XIV
(RED/51214D)








Estonia


177  (40)
 (41)



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




Germany


3 569  (40)
 (41)





Spain


633  (40)
 (41)





France


336  (40)
 (41)





Ireland


1  (40)
 (41)





Latvia


64  (40)
 (41)





The Netherlands


2  (40)
 (41)





Poland


324  (40)
 (41)





Portugal


757  (40)
 (41)





United Kingdom


8  (40)
 (41)





EU


5 871  (40)
 (41)





TAC


38 000  (40)
 (41)















(i)


the entry for redfish in Greenland waters of V and XIV is replaced by the following:














‘Species


:


Redfish (pelagic)

Sebastes spp.













Zone


:


Greenland waters of V and XIV
(RED/514GRN)








Germany


5 164  (42)
 (43)



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




France


26  (42)
 (43)





United Kingdom


37  (42)
 (43)





EU


5 227  (42)
 (43)





TAC


Not relevant














(j)


the entry for other species in Faroese waters of Vb is replaced by the following:














‘Species


:


Other species (44)














Zone


:


Faroese waters of Vb
(OTH/05B-F.)








Germany


0 


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




France


0 




United Kingdom


0 




EU


0 




TAC


Not relevant














(k)


the entry for flatfish in Faroese waters of Vb is replaced by the following:














‘Species


:


Flatfish













Zone


:


Faroese waters of Vb
(FLX/05B-F.)








Germany


0 


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




France


0 




United Kingdom


0 




EU


0 




TAC


Not relevant’;


















(4)


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














‘Species


:


Northern prawn

Pandalus borealis














Zone


:


NAFO 3L (45)

(PRA/N3L.)








Estonia


214 


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




Latvia


214 




Lithuania


214 




Poland


214 




Other Member States


213  (46)





EU


1 069 




TAC


19 200 














(5)


In Annex ID, the entry for bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean (BFT/AE045W) is replaced by the following:














‘Species


:


Bluefin tuna

Thunnus thynnus














Zone


:


Atlantic Ocean, east of 45° W, and Mediterranean
(BFT/AE045W)








Cyprus


66,98  (50)



 




Greece


124,37 




Spain


2 411,01  (48)
 (50)





France


958,42  (48)
 (49)
 (50)





Italy


1 787,91  (50)
 (51)





Malta


153,99  (50)





Portugal


226,84 




Other Member States


26,90  (47)





EU


5 756,41  (48)
 (49)
 (50)
 (51)





TAC


12 900 














(6)


Annex IH is replaced by the following:



                                       ‘ANNEX IH

WCPFC Convention Area















Species


:


Swordfish

Xiphias gladius














Zone


:


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








EU


3 170,36 


Analytical TAC




TAC


Not relevant’;
















(7)


Annex IJ is replaced by the following:



                                       ‘ANNEX IJ

SPRFMO Convention Area















Species


:


Jack mackerel

Trachurus murphyi














Zone


:


SPRFMO Convention Area
(CJM/SPRFMO)








Germany


10 223,67 


 




The Netherlands


11 080,80 




Lithuania


7 112,63 




Poland


12 231,90 




EU


40 649 ’;
















(8)


Annex IIB is amended as follows:






(a)


point 5.2 is replaced by the following:






‘5.2.


For the purposes of fixing the maximum number of days at sea that 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)


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; and










(b)


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.’;


















(b)


point 9.1 is replaced by the following:






‘9.1.


If a vessel has received an unlimited number of days resulting from compliance with the special conditions, the vessel’s landings in the 2011 management period shall not exceed 5 tonnes or 3 % of the total landings in live weight of hake and 2,5 tonnes in live weight of Norway lobster.’;


















(9)


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:
‘Table I








Gear
point 2


Denomination
Only the gear groupings as defined in point 2 are used


Western Channel




2(a)


Beam trawls of mesh size ≥ 80 mm


164 




2(b)


Static nets with mesh size ≤ 220 mm


164 ’;


















(10)


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


14 




EU


14 ’.












Article 2

Entry into force and applicability

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
Points 1 to 7 and point 10 of Article 1 shall apply from 1 January 2011.
Points 8 and 9 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 Luxembourg, 17 June 2011.


For the Council


The President


               MATOLCSY Gy.





(1)  
            OJ L 24, 27.1.2011, p. 1.

(2)  
            OJ L 122, 11.5.2007, p. 7.

(3)  Excluding waters within six miles of UK baselines at Shetland, Fair Isle and Foula.

(4)  At least 98 % of landings counted against the TAC must be of sandeel. By-catches of dab, mackerel and whiting are to be counted against the remaining 2 % of the TAC

(5)  Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.

(6)  Up to 50 % of this amount may be fished in EU waters of IV.’;

(7)  Reference is to the herring stock in VIa, north of 56° 00’ N and in that part of VIa which is situated east of 07° 00’ W and north of 55° 00’ N, excluding the Clyde.’;

(8)  Of which up to 68 % may be fished in the Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1).

(9)  Transfers of this quota may be effected to VIIIc, IX and X; EU waters of CECAF 34.1.1. Such transfers must be notified in advance to the Commission.’;

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

(11)  To be fished in EU waters of IIa, IV, Vb, VI and VII.

(12)  Special rules apply in accordance with Article 1 of Regulation (EC) No 1288/2009 (*1) and point 7 of Annex III to Regulation (EC) No 43/2009 (*2).

(*1)  Council Regulation (EC) No 1288/2009 of 27 November 2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011 (OJ L 347, 24.12.2009, p. 6).

(*2)  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 required (OJ L 22, 26.1.2009, p. 1).’;

(13)  Of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in Vb, VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in VI and VII shall not exceed 3 000 tonnes.

(14)  Including tusk. The quotas for Norway are ling 6 140 tonnes and tusk 2 923 tonnes and are interchangeable of up to 2 000 tonnes and may only be fished with long-lines in Vb, VI and VII.’;

(15)  Of which no more than the following quotas may be taken in VII (Porcupine Bank – Unit 16) (NEP/*07U16):






Spain


377 




France


241 




Ireland


454 




United Kingdom


188 




EU


1 260 ’;





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

(17)  When fishing in Norwegian waters, by-catches of cod, haddock, pollack and whiting and saithe are to be counted against the quotas for these species.

(18)  May also be taken in Norwegian waters of IVa.

(19)  To be deducted from Norway’s share of the TAC (access quota). This amount includes Norway’s 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.

(20)  Includes 323 tonnes of quota transferred from unused 2010 fishing opportunities.

(21)  Includes 183 tonnes of quota transferred from unused 2010 fishing opportunities.’;

(22)  May be fished in IIa, VIa north of 56° 30’ N, IVa, VIId, VIIe, VIIf and VIIh.

(23)  An additional 33 804 tonnes of access quota may be fished by Norway north of 56° 30’ N and counted against its catch limit.

(24)  Includes 674 tonnes of quota omitted from the 2010 fishing opportunities.

(25)  Quantities subject to exchanges with other Member States may be taken in VIIIa, VIIIb and VIIId (MAC/*8ABD.). However, the quantities provided by Spain, Portugal or France for exchange purposes and to be taken in VIIIa, VIIIb and VIIId shall not exceed 25 % of the quotas of the donor Member State.

(26)  Catches taken in IVa (MAC/*4A.) and in IIa (MAC/*02A.) to be reported separately.

(27)  Includes 272 tonnes of quota transferred from unused 2010 fishing opportunities.’;

(28)  Including sandeel.

(29)  May only be fished in EU waters of IV.

(30)  Preliminary TAC. The final TAC will be established in the light of new scientific advice during the first half of 2011.

(31)  At least 98 % of landings counted against the TAC must be of sprat. By-catches of dab and whiting are to be counted against the remaining 2 % of the TAC.’;

(32)  Up to 5 % of this quota fished in EU waters of IIa or IVa before 30 June 2011 may be accounted for as fished under the quota concerning EU waters of IVb, IVc and VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*4BC7D).

(33)  Up to 5 % of this quota may be fished in VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*07D).

(34)  At least 95 % of landings counted against the TAC must be of horse mackerel. By-catches of boarfish, haddock, whiting and mackerel are to be counted against the remaining 5 % of the TAC.’;

(35)  TAC agreed by the Union, Faroe Islands, Norway and Iceland.’;

(36)  Of which 3 100 tonnes are allocated to Norway.’;

(37)  Of which 800 tonnes are allocated to Norway to be fished in NAFO 1 only.’;

(38)  Of which 824 tonnes are allocated to Norway.’;

(39)  May not be fished from 1 January to 9 May 2011.

(40)  May only be taken within the area bounded by the lines joining the following coordinates:







Point No


Latitude N


Longitude W




1


64° 45’


28° 30’




2


62° 50’


25° 45’




3


61° 55’


26° 45’




4


61° 00’


26° 30’




5


59° 00’


30° 00’




6


59° 00’


34° 00’




7


61° 30’


34° 00’




8


62° 50’


36° 00’




9


64° 45’


28° 30’





(41)  May not be fished from 1 January to 9 May 2011.’;

(42)  May only be fished by pelagic trawl. May be fished East or West.

(43)  The quota may be fished in the NEAFC Regulatory Area on the condition that reporting conditions established by Greenland are fulfilled (RED/*51214). When fished in the NEAFC Regulatory Area, redfish may only be taken as of 10 May 2011 as deep pelagic redfish, and only within the area bounded by the lines joining the following coordinates (RED/*5-14).







Point No


Latitude N


Longitude W




1


64° 45’


28° 30’




2


62° 50’


25° 45’




3


61° 55’


26° 45’




4


61° 00’


26° 30’




5


59° 00’


30° 00’




6


59° 00’


34° 00’




7


61° 30’


34° 00’




8


62° 50’


36° 00’




9


64° 45’


28° 30’ ’;





(44)  Excluding fish species of no commercial value.’;

(45)  Not including the box bounded by the following coordinates:







Point No


Latitude N


Longitude W




1


47° 20’ 0


46° 40’ 0




2


47° 20’ 0


46° 30’ 0




3


46° 00’ 0


46° 30’ 0




4


46° 00’ 0


46° 40’ 0





(46)  Except Estonia, Latvia, Lithuania and Poland.’;

(47)  Except Cyprus, Greece, Spain, France, Italy, Malta and Portugal, and only as by-catch.

(48)  Within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna between 8 kg/75 cm and 30 kg/115 cm by the vessels referred to in point 1 of Annex IV (BFT/*8301):






Spain


350,51 




France


158,14 




EU


508,65 





(49)  Within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna weighing no less than 6,4 kg or measuring no less than 70 cm by the vessels referred to in point 1 of Annex IV (BFT/*641):






France


45  (*3)





EU


45 





(*3)  This quantity may be revised by the Commission upon request from France, up to an amount of 100 tonnes as indicated by ICCAT Recommendation 08-05.

(50)  Within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna between and 8 kg and 30 kg by the vessels referred to in point 2 of Annex IV (BFT/*8302):






Spain


48,22 




France


47,57 




Italy


37,55 




Cyprus


1,34 




Malta


3,08 




EU


137,77 





(51)  Within this TAC, the following catch limit and allocation between Member States shall apply to catches of bluefin tuna between and 8 kg and 30 kg by the vessels referred to in point 3 of Annex IV (BFT/*643):






Italy


37,55 




EU


37,55 ’;