Proposal for a COUNCIL REGULATION Fixing for 2012 the fishing opportunities available to Union vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements
Date: 2011-09-26
Institutions: European Commission
Subjects: EU Member State, EU waters, catch quota, fishing rights, sea fish, ship's flag

EUROPEAN COMMISSION 

Brussels, 26.9.2011 
COM(2011) 586 final 

2011/0255 (NLE) 

Proposal for a 

COUNCIL REGULATION 

Fixing for 2012 the fishing opportunities available to Union vessels for certain fish stocks 
and groups of fish stocks which are not subject to international negotiations or 
agreements 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Grounds and objectives 

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

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

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

Scope 

In recent years, the Council of the EU has taken an annual decision on fishing opportunities 
for the stocks in the Atlantic, the North Sea and those international fisheries in which Union 
vessels participate. This was the main fishing opportunities regulation by number of regulated 
stocks, standing along the other regulations on fishing opportunities, namely the Baltic  Sea, 
the Black Sea and the deep sea stocks (the latter every two years).  

However,  save  a  few  exceptions,  scientific  advice  on  stocks  on  which  the  Union  decides 
autonomously is already available by July. It is therefore possible to draw up a proposal for 
Union  stocks  only  on  which  the  Council  could  reach  political  agreement  at  its  November 
session.  In  a  move  to  streamline  and  facilitate  fishing  opportunities  decisions,  the 
Commission 
its  Communication  concerning  a  consultation  on  Fishing 
Opportunities(COM(2011)298  final)1  its  intention  to  table  two  proposals  out  of  the  content 
previously contained in one. 

included 

in 

The present proposal is the first of the two, covering the stocks in the Atlantic and the North 
Sea for which the Union decides autonomously what exploitation level must be set. Fishing 
opportunities  resulting  from  Regional  Fisheries  Management  Organisations  (RFMOs)  or 
accepted in consultations with Norway and other third countries (shared stocks) are to be dealt 
with  later  in  the  year,  when  the  results  of  the  relevant  international  negotiations  become 
available. 

1 

COM(2011) 298 final 

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Splitting  the  proposal  will  allow  moving  to  a  simpler  and  more  structured  approach  where 
decisions  are  taken  on  the  basis  of  the  advice  and  as  soon  as  possible  after  the  advice  is 
provided. Following the model of the Baltic fishing opportunities regulation, it will make the 
process  for  adoption  more  manageable  and  will  provide  operators  with  earlier  certainty 
regarding their activities for the next year. 

Situation of the stocks 

The Commission has, for six years now, published a Communication that reviews the state of 
the  situation  to  which  the  fishing  opportunities  proposals  must  respond.  This  year,  the 
Communication  from  the  Commission  on  the  Consultation  on  Fishing  Opportunities,  notes 
some  good  news,  as  the  state  of  some  stocks  has  improved.  However,  many  fish  stocks 
remain  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,  too  many  stocks  are  in  these  vulnerable  categories  and  far  too  few  stocks  have 
improved.  The  analysis  confirms  that  we  need  reinforced  conservation  measures  for 
overexploited fish stocks. 

For 2011, the advice from the International Council for the Exploration of the Sea (ICES) and 
the  Scientific,  Technical  and  Economic  Committee  for  Fisheries  (STECF)  once  more 
underlines the poor state of many fish resources in Union waters. But it notes improvements 
in  certain  important  stocks,  such  as  Celtic  Sea  cod,  haddock,  and  the  southern  anglerfish 
stock.  In  response  to  the  Commission's  request,  ICES  is  providing  advice  on  a  strategy  to 
reach  management  consistent  with  Maximum  Sustainable  Yield  (MSY)  in  2015.  This  is 
something  the  Union  committed  to  do  when  it  subscribed  to  the  conclusions  of  the  2002 
World  Summit  on  Sustainable  Development  in  Johannesburg  and  its  related  Plan  of 
Implementation. 

The proposed fishing opportunities regulation respond to the scientific advice received by the 
Commission as to the  state  of  the  stocks, on the basis of which catch limits compliant with 
multi-annual  management  plans  are  determined.  For  stocks  not  covered  by  such  plans,  the 
proposed  TACs  respond  to  the  scientific  advice  in  the  manner  outlined  in  Communication 
COM(2011)298 final.  

Scientific  advice  is  essentially  dependent  on  data.  Only  stocks  for  which  there  is  sufficient 
and reliable data can be assessed, so that size estimates are produced, as well as forecast of 
how they will react to the various exploitation scenarios (this is referred to as "catch options 
tables"). Such situation exists only for a number  of regulated stocks. For the remainder,  the 
approach to follow in management must still be the precautionary principle. In addition, it is 
crucial to work decisively towards overcoming the data deficiencies affecting these stocks. To 
this end, the proposed measures must be rigorous.  

Consistency with other policies and objectives of the Union 

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

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2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Consultation of interested parties 

(a) 

Consultation methods, main sectors targeted and general profile of respondents 

The  Commission  has  consulted  stakeholders,  in  particular  through  the  Regional  Advisory 
Councils  (RACs),  and  Member  States  on  its  proposed  approach  to  its  various  fishing 
opportunities  proposals  on  the  basis  of  its  Communication  on  a  Consultation  on  Fishing 
Opportunities (COM(2011)298 final).  

In addition, the Commission has followed the orientations outlined in its Communication to 
the  Council  and  European  Parliament  on  improving  consultation  on  Community  fisheries 
management  (COM(2006)246  final),  which  sets  out  the  principles  for  the  so  called  front-
loading process. 

In  the  framework  of  the  frontloading  process,  the  Commission  developed  two  consultation 
papers on specific topics relevant for this proposal, namely: 

– 

– 

Splitting:  a  non-paper  to  the  Committee  for  Fisheries  and  Aquaculture  on  Splitting 
the main Fishing Opportunities Regulation in 2012. 

Annex  IIB:  a  non-paper  to  the  Committee  for  Fisheries  and  Aquaculture  on  a 
proposed  revision  of  Annex  IIB  on  fishing  effort  in  the  context  of  the  recovery  of 
certain southern hake and Norway lobster stocks. 

These frontloading documents were submitted to Member States and also transmitted to the 
RACs  to  provide  them  with  an  opportunity  for  feedback.  Furthermore,  the  Commission 
organised an  open seminar  (with participation  of  Member States, Members of the European 
Parliament, fisheries experts, stakeholders, the press and the public) on 8 September 2011, at 
which  the  outcomes  of  the  scientific  advice  and  its  key  implications  were  presented  and 
discussed. 

(b) 

Summary of responses and how they were taken into account 

Whereas  the  frontloading  process  is  focused  on  technical  aspects,  the  response  to  the 
Commission's consultation on fishing opportunities reflects the views of Member States and 
stakeholders on the evaluation made by the Commission of the state of the resources and how 
to ensure the appropriate management response. 

As regards Member States, three Member States sent their positions in the context of the open 
consultation.  

As regards regional Advisory Councils, four of them have provided views in response to the 
consultation  document.  The  points  made  by  each  of  the  RACs  that  responded  can  be 
summarised as follows: 

South Western Waters RAC 

– 

The  South-Western  Waters  RAC  supports  the  adoption  of  more  long  term 
management plans. 

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– 

– 

The  25%  reduction  for  data-poor  stocks  is  too  simplistic  and  sometimes  unjust.  A 
more case-by-case approach is required. 

The  causes  of  the  lack  of  data  may  be  structural,  and  both  the  Commission  and 
Member  States  should  invest  more  in  scientific  research.  The  Commission,  in 
particular, should develop a methodology to enhance cooperation between scientists 
and professionals in this domain. 

North Western Waters RAC 

– 

– 

– 

The North-Western Waters RAC asks how and when interspecies interactions can be 
incorporated in MSY considerations.  

The RAC disputes the statement that there is no evidence of a significant reduction 
of  overcapacity,  as  there  is,  in  its  view,  sufficient  proof  of  significant  effort 
reductions.  

The RAC opposes the 25% reductions in data-poor situations, and would prefer that 
the Commission take account of stock trends according to ICES advice.  

Pelagic RAC 

– 

– 

The  new  Fishing  Opportunities  consultation  document  is  too  simplistic  and  cannot 
cater appropriately for the variety of stocks it covers.  

The PRAC is mainly concerned by the fact that a one-size-fits-all approach has been 
used for data-poor stocks. 

North Sea RAC 

– 

– 

– 

– 

The North Sea RAC found the Commission's Communication too negative in tone.  

The RAC warned that the Council wanted a realistic and gradual path to MSY and 
not a direct implementation in 2012.  

Development of regional long-term management plans was the preferred option for 
the  different  fisheries  in  the  North  Sea,  taking  account  of  the  mixed  nature  of  the 
fisheries.  

The RAC opposed the 25% reductions for data-poor stocks as these would penalise 
the  fishing  industries  while  the  responsibility  for  assessment  lays  mainly  with 
Member States; it would also generate additional discards.  

The  Commission  has  considered  all  submissions  mentioned  above  and,  within  the  limits  of 
what is compatible with the nature of a Council regulation on fishing opportunities, has tried 
to  integrate  them.  Due  to  the  many  arguments  for  a  more  ad-hoc  approach  as  regards  data-
poor stocks, the Commission has not applied a 25% reduction across the board, but 15% or 
25%  reductions  depending  on  a  number  of  factors,  including  in  particular  available 
information on stock trends and mixed fisheries considerations.  

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Collection and use of expertise 

As  for  the  methodology  used,  the  Commission  consulted  two  main  organisations/experts: 
ICES, an international independent scientific body, and STECF. Advice from ICES is based 
on an advice framework developed within ICES and used in accordance with requests from 
their clients, among which the Commission. The STECF gives its advice following terms of 
reference that it receives from the Commission. 

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

(a) 

Summary of advice received and used 

The ultimate objective of the Union is to achieve fishing mortality levels that allow the stock 
to be exploited at Maximum Sustainable Yield. The decision lies on how to ensure that this 
fishing mortality level is achieved in 2015 at the latest. In many cases, this means effecting a 
reduction in fishing mortality rates and therefore a reduction in catches. However, it remains 
within the remit of managers to decide how fast or how gradually these reductions must take 
place. The two basic options identified in this context are a) achieving fishing mortality rates 
at  MSY  level  as  soon  as  possible  (i.e.  in  2012)  or  b)  achieving  these  rates  in  2015  (i.e.  a 
gradual reduction over the next 4 years). ICES refers to these two scenarios as, respectively, 
"MSY framework" advice and "MSY transition" advice. Relevant catch options are provided 
in  the  advice  for  each  scenario,  and  also  for  intermediate  values.  For  each  stock,  however, 
ICES marks a preference for one scenario or the other. 

Against  this  background,  this  proposal  makes  use  of  the  MSY  advice,  where  available,  by 
proposing TACs consistent with reductions in fishing mortality that go half-way towards the 
MSY  objective  in  2012.  In  its  Communication  COM(2011)298  final,  the  Commission 
considered  the  need  for  the  EU  to  deliver  on  its  commitment  to  reach  MSY  in  2015.  It 
proposed to ensure this by taking a rigorous approach and drive fishing mortality rates down 
to the target value already in 2012. In light of the results of the consultation, the Commission 
is proposing TACs that provide for a more gradual approach, while remaining decisive in the 
pursuit  of  the  objective.  This  is  the  rationale  underlying  the  half-way  fishing  mortality  cuts 
proposed here.  

MSY  advice,  however,  is  only  available  for  a  minority  of  stocks.  Whereas  this  proposal 
regulates  the  fishing  opportunities  for  83  biological  stocks,  about  half  of  them  remain  at  a 
level of assessment that is only qualitative, with no population size estimate and therefore no 
quantified  catch  options  relative  to  possible  fishing  mortality  targets.  ICES  is  able  in  some 
cases  to  provide  some  indications  as  to  whether  the  stock  could  be  stable,  increasing  or 
decreasing  in  size,  but  in  many  cases,  advice  is  entirely  absent  for  lack  of  data.  It  is  worth 
noting, however, that there are also many cases where ICES provides advice this year for the 
first time. This is good news as it implies that efforts are being made to improve the data on 
the basis of which advice can be delivered, and to make the best use of the data that is already 
available.  Quantitative  assessments  require  relatively  long  time  series  of  data,  so  the  efforts 
initiated this year must continue to build a robust basis for management over the mid-term. 

For 13 stocks (widely distributed; sharks and rays) the advice is issued in the autumn and the 
proposal will need to be updated as appropriate at that time. For 9 stocks, the advice is used 
for the purpose of implementing applicable management plans or agreed harvest control rules.  

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In terms of the actual trends seen in the evolution of the stocks, the following cases may be 
highlighted: 

•  Anglerfish south (VIIIc): the stock is on the rise and it should be possible to reach MSY 

levels already in 2012 even with higher catches than at present. 

•  Celtic  Sea  Cod:  the  2009  year-class  was  extremely  successful  and  has  driven  the  stock 

size up considerably.  

•  Haddock  West  of  Scotland  and  Celtic  Sea:  Western  waters  haddock  stocks  are 
benefitting  from  a  strong  2009  year-class,  after  many  years  of  unfavourable  conditions. 
Discarding, however, remains a serious problem for this species in both areas and in the 
Irish Sea. 

•  Hake,  north  and  south:  these  stocks  continue  to  maintain  a  relative  good  status,  albeit 
the advice still signals worryingly high fishing mortality rates and possible misreporting 
of catches. 

•  Herring Celtic Sea: Another important stock that continues to show signs of good status, 

making it possible to envisage increased catches in 2012. 

As to less positive trends, the following should be highlighted: 

•  Sole  Celtic  Sea:  the  stock  is  deemed  fished  at  sustainable  levels  (MSY),  but  its  size  is 
smaller than previously thought, as scientists have revised their estimates this year. This 
means TAC reductions are required to keep fishing at MSY levels. 

•  Whiting (various Western Waters stocks): it would seem that 2009 was a good year for 
whitefish, as seen for haddock and Celtic Cod. There are signs that whiting may also be 
benefitting  from  this  bounty  year.  However,  whiting  is  the  less  valuable  of  the  three 
whitefish  species  and  is  therefore  suffering  from  very  high  discard  rates.  Landings  data 
are therefore not a good basis for assessing how the stock is doing and scientists cannot 
provide proper advice. Clearly, unless action is taking to address the discarding problem, a 
great  opportunity  to  rebuild  these  stocks  from  the  West  of  Scotland  to  the  Celtic  Sea 
waters would be lost.  

•  Cod  West  of  Scotland,  Irish  Sea  and  Kattegat:  the  data-poor  situation  continues  to 
hamper  the  management  of  these  stocks  and  there  are  no  signs  of  rebuilding  despite 
successive important TAC cuts in recent years (-25%). 

•  Sole Eastern channel: the stock is at historical lowest. 

•  Norway Lobster: There is a variable situation among the different stock units (functional 
units)  managed  under  each  TAC.  In  Area  VII,  and  for  the  Porcupine  Bank,  ICES  notes 
indications that the spatial and seasonality measures applied since 2009 could be helping 
protecting the depleted stock, but this means further efforts are needed to undo the damage 
caused  in  previous  years.  Other  functional  units  in  the  area  and  also  north  in  West  of 
Scotland  waters  are  giving  signs  of  a  positive  trend,  but  all  in  all,  too  many  functional 
units remain in a very data-poor state.  

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

(b) 

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. All ICES reports are available on ICES' website. 

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Impact assessment 

The fishing opportunities regulation is no longer an instrument that allows the Council alone 
to adopt complex packages of measures, and must limit itself to the scope set by Article 43(3) 
of the Treaty. It is therefore well adapted to a management by results approach. If the policy, 
as a whole, works better, then the annual fishing opportunities will improve. This includes, in 
particular, fleet management, structural support, control and enforcement, markets regulation 
and  integration  of  management  tools  into  a  comprehensive  maritime  policy.  It  remains, 
however,  necessary  to  use  this  instrument  to  make  adjustments  necessary  to  conserve  the 
resource  base  for  the  European  harvesting  and  processing  industry,  and  prevent  or  correct 
negative impacts of a too high fishing mortality on the marine environment. 

The  Union  has  adopted  a  number  of  multi-annual  management  plans  for  stocks  of  key 
economic  importance,  including  hake,  cod,  flatfish  and  others.  Before  their  adoption,  such 
plans are subject to the requirement of an Impact Assessment. Once in force, they determine 
the  TAC  levels  that  must  be  fixed  for  the  given  year  in  order  to  attain  their  long-term 
objectives. The Commission is bound to make its proposal for TACs in accordance with these 
plans. As a result, many crucial TACs included in the proposal are the result of the specific 
Impact assessment carried out for the plan they are based upon.  

For the remainder, and despite the fact that multi-annual plans are not in force for the relevant 
stocks,  the  proposal  seeks  to  avoid  short-term  approaches  in  favour  of  longer-term 
sustainability  decisions.  In  many  cases,  this  entails  a  more  gradual  reduction  in  fishing 
opportunities.  

The  policy  towards  MSY  that  underlies  the  Commission’s  long-term  management  approach 
has  been  the  subject  of  a  detailed  analysis  and  impact  assessment  in  the  framework  of  the 
reform of the CFP, a process which has materialised in the tabling of a package of proposals 
on 13 July 2011. The desirability to reach management of stocks consistent with MSY in the 
mid term has been specific subject of analysis in this context: The Impact Assessment report 
(SEC(2011) 891) identifies this objective as a necessary condition to achieve environmental, 
economic  and  social  sustainability.  In  the  long  term,  environmental,  economic  and  social 
sustainability are equally important general objectives. 

The analysis shows that achieving MSY by the target date implies short term economic and 
social costs. However, such costs pay off clearly in the longer term. The analysis, however, 
also shows clearly the crucial and urgent need to improve the knowledge base if the CFP is to 
be successful. This need affects both the data required for scientific advice on the state of the 
stocks  and  the  data  required  to  assess  and  influence  the  economy  and  social  aspects  of  the 
activity.  It  is  in  light  of  this  analysis  that  the  current  proposal  seeks  already  to  move  in  the 
right direction with complementary and coherent approaches. First, the proposal pursues the 
MSY objective decisively when the science basis to do so is available, making thus the best 
use  possible  of  the  scientific  advice.  Second,  for  stocks  for  which  data  are  missing  thus 
preventing management by MSY to be implemented, the proposal takes a rigorous approach 
based on precautionary considerations. Reducing the need for precautionary measures means, 
in essence, reducing the uncertainty in the advice. This can only be addressed if the national 
administrations  concerned  and  the  stakeholders  collect  and  provide  to  the  scientists  the 
necessary data.  

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3. 

(a) 

LEGAL ELEMENTS OF THE PROPOSAL 

Legal basis 

The  legal  basis  of  this  proposal  is  Article  43(3)  of  the  Treaty  on  the  Functioning  of  the 
European Union.  

The  Union's  obligations  for  sustainable  exploitation  of  living  aquatic  resources  arise  from 
obligations set out in Article 2 of Regulation (EC) No 2371/2002. 

(b) 

Summary of the proposal 

The proposal establishes the catch and effort limitations applicable to Union fisheries in order 
to  achieve  the  CFP's  objective  of  ensuring  fisheries  at  levels  that  are  environmentally, 
economically and socially sustainable. 

(c) 

Application 

The  provisions  in  the  area  of  the  proposal  are  applicable  until  31  December  2012,  with  the 
exception  of  certain  provisions  on  effort  limitations  which  are  applicable  until  31  January 
2013. 

(d) 

Subsidiarity principle 

The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) of 
the Treaty. The subsidiarity principle therefore does not apply. 

(e) 

Proportionality principle 

The proposal complies with the proportionality principle for the following reason: the CFP is 
a common policy. According to Article 43(3) of the Treaty it is incumbent upon the Council 
to adopt the measures on the fixing and allocation of fishing opportunities.  
The  proposed  Council  Regulation  allocates  fishing  opportunities  to  Member  States.  Having 
regard  to  Article  20(3)  of  Regulation  2371/2002,  Member  States  are  free  to  allocate  in  turn 
such opportunities among regions or operators as they see fit. Therefore, Member States have 
ample room for manoeuvre on decisions related to the social/economic model of their choice 
to exploit their allocated fishing opportunities. 
The  proposal  has  no  new  financial  implications  for  Member  States.  This  Regulation  is 
adopted by Council every year, and the public and private means to implement it are already 
in place. 

(f) 

Choice of instruments 

Proposed instrument: Regulation.  

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Union budget. 
ADDITIONAL INFORMATION 
5. 

(g) 

Simplification 

The  proposal  provides  for  simplification  of  administrative  procedures  for  public  authorities 
(Union or national), in particular as regards requirements regarding the effort management. 

(h) 

Review/revision/sunset clause 

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The proposal concerns an annual Regulation for the year 2012 and therefore does not include 
a revision clause. 

(i) 

Detailed explanation of the proposal 

This  proposal  is  limited  to  the  fixing  and  allocation  of  fishing  opportunities  and  conditions 
functionally linked to the use of those opportunities.  

For  an  increasing  number  of  stocks,  such  as  for  example  hake,  sole,  plaice  and  Norway 
lobster, the fishing opportunities have been established on the basis of the rules laid down in 
the relevant multi-annual plans. For those stocks for which new multi-annual plans have been 
proposed  (the  western  stock  of  horse  mackerel),  as  well  as  for  those  stocks  for  which  the 
Council and  Commission committed  themselves by  way of a statement adopted at the 2009 
December Council (herring in the Celtic Sea and haddock in the waters West of Scotland), the 
proposal follows the rules laid down therein. 

As  regards  cod  stocks  in  the  West  of  Scotland,  the  Irish  Sea  and  the  Kattegat,  the  advice 
received notes that they are still failing to recover. Like last year, the Commission proposes a 
stricter  measure  than  the  default  TAC  reduction  imposed  by  the  cod  plan2  harvest  rules  for 
data-poor stocks. This follows Article 10(2) of the cod plan, which, according to the advice 
received, applies in this situation. As announced in its proposal for 2011 already last year, the 
Commission is proposing 0 TAC. However, this is accompanied by a percentage of permitted 
by-catch  per  vessel  trip:  1.5%  in  order  to  allow  landing  of  unavoidable  by-catches  which 
would  otherwise  have  to  be  discarded.  This  percentage  responds  to  the  realistic  level  of 
unavoidable catches that is expected, considering the selective gear for cod in most fisheries. 
In relation to effort management for cod fisheries, a system based on kilowatt days has been 
applied since 2009 and will be continued in 2012. 

For the effort management for sole in the Western Channel and for southern hake and Norway 
lobster, the system of management of days at sea per type of vessel having a track record in 
the fishery, will continue to apply during 2012, 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. With regard specifically to the effort rules for the southern hake and Norway lobster 
fishery,  the  proposal  will  rationalise  the  system  applicable  to  exemptions  from  the  use  of 
allocated  days-at-sea.  Currently,  vessels  not  catching  more  than  5  tons  of  hake  or  2.5  of 
Norway lobster are exempted from the effort limits. Vessels whose hake catches are less than 
3%  of  their  overall  catch  are  also  exempted.  Following  the  results  of  the  frontloading 
exercise, the Commission  proposes that this latter exemption criterion be revised to become 
an incentive to hake avoidance. In the proposal, hake catches per trip will be monitored, and if 
the vessel catches less than 3% of hake – within its overall catch – during a fishing trip, then 
the relevant Member State may decide not to count the days at sea spent on this trip against 
the  total  days-at-sea  limits  established  in  Annex  IIB  of  the  regulation.  This  system  will 
incentivise operators to reduce their hake by-catches and in this way, help in reducing fishing 
mortality on the recovering tock. 

2 

Council  Regulation  (EC)  No 1342/2008  of  18 December  2008  establishing  a  long-term  plan  for  cod 
stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004, OJ L 348, 
24.12.2008, p. 20–33  

EN 

10 

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Finally,  this  regulation  provides,  for  the  second  time  in  the  annual  fishing  opportunities 
regulatory  exercise,  for  the  adoption  of  certain  TACs  by  Member  States  themselves,  albeit 
under an obligation to act in conformity with the objectives of the CFP.  

EN 

11 

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2011/0255 (NLE) 

Proposal for a 

COUNCIL REGULATION 

Fixing for 2012 the fishing opportunities available to Union vessels for certain fish stocks and 
groups of fish stocks which are not subject to international negotiations or agreements 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular  Article 
43(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

According to Article 43(3) of the Treaty, the Council, on a proposal from the Commission, 
adopts measures on the fixing and allocation of fishing opportunities. 

Council  Regulation  (EC)  No 2371/2002  of  20 December  2002  on  the  conservation  and 
sustainable exploitation of fisheries resources under the Common Fisheries Policy1 requires 
that measures governing access to waters and resources and the sustainable pursuit of fishing 
activities  be  established  taking  into  account  available  scientific,  technical  and  economic 
advice  and  in  particular  reports  drawn  up  by  the  Scientific,  Technical  and  Economic 
Committee for Fisheries (STECF). 

It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing 
opportunities  by  fishery  or  by  group  of  fisheries,  including  certain  conditions  functionally 
linked  thereto,  as  appropriate.  Fishing  opportunities  should  be  distributed  among 
Member States  in  such  a  way  as  to  assure  each  Member State  relative  stability  of  fishing 
activities for each stock or fishery and having due regard to the objectives of the Common 
Fisheries Policy established in Regulation (EC) No 2371/2002. 

As  regards  the  scope  of  this  regulation,  in  its  recent  Communication  concerning  a 
consultation  on  Fishing  Opportunities2  the  Commission  foresaw  to  split  the  main  annual 
Fishing Opportunities Regulation for 2012 in two instruments. This document represents the 
first  regulation  of  the  two.  The  TACs  for  stocks  regulated  herein  are  all  decided 
autonomously by the Union, and are available only to Union vessels. 

(5)  Where  a  total  allowable  catch  (TAC)  relating  to  a  stock  is  allocated  to  one  Member  State 
only, it is appropriate to empower the Member State concerned in accordance with Article 
2(1) of the Treaty to determine the level of such TAC. Provisions should be made to ensure 
that,  when  fixing  that  TAC  level,  the  Member  State  concerned  acts  in  a  manner  fully 

1 
2 

OJ L 358, 31.12.2002, p. 59. 
COM(2011) 298 final 

EN 

12 

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(6) 

(7) 

(8) 

consistent with the principles and rules of the Common Fisheries Policy and ensures that the 
stock  in  question  is  exploited  at  levels  that  shall,  with  as  high  a  probability  as  possible, 
produce maximum sustainable yield from 2015 onwards, including by taking the necessary 
measures  to  collect  relevant  data,  assess  the  stock  concerned  and  determine  maximum 
sustainable yield levels of that stock. 

Certain TACs allow Member States to grant additional allocations for vessels participating 
in trials on fully documented fisheries. The aim of those trials is to test a catch-quota system 
to  avoid  discards  and  the  waste  of  otherwise  usable  fish  resources  it  entails;  uncontrolled 
discards of fish are a threat to the long term sustainability of fish as a public good and thus 
to  the  Common  Fisheries  Policy  objectives.  By  contrast,  catch-quota  systems  inherently 
present the fishers with an incentive to optimise the catch selectivity of their operations. In 
order to achieve a rational management of discards, a fully documented fishery must cover 
every operation at sea, rather than what is landed at port. The conditions for Member States 
to grant such additional allocations must therefore include an obligation to ensure the use of 
close circuit television cameras (CCTVs) associated to a system of sensors; this will enable 
to  record  in  detail  all  retained  and  discarded  parts  of  catches.  A  system  based  on  human 
observers  operating  in  real  time  on  board  would  be  less  efficient,  more  costly,  and  less 
reliable.  Consequently,  the  use  of  CCTVs  is  a  prerequisite  for  the  achievement  of  discard 
reduction  schemes  such  as  fully  documented  fisheries,  provided  that  the  requirements  of 
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on 
the protection of individuals with regard to the processing of personal data and on the free 
movement of such data1 are complied with.  

The  TACs  should  be  established  on  the  basis  of  the  available  scientific  advice,  by  taking 
into  account  the  biological  and  socio-economic  aspects  whilst  ensuring  fair  treatment 
between  fishing  sectors,  as  well  as  in  the  light  of  the  opinions  expressed  during  the 
consultation of stakeholders, in particular at the meetings with the Advisory Committee for 
Fisheries and Aquaculture and the Regional Advisory Councils concerned.  

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 and the Western Channel, of herring to 
the west of Scotland and of cod in the Kattegat, to the west of Scotland and in the Irish Sea 
should  be  established  in  accordance  with  the rules  laid  down  in:  Council  Regulation  (EC) 
No 811/2004 of 21 April 2004 establishing measures for the recovery of the northern hake 
stock2; 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;  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; 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  Channel5; 
Council  Regulation  (EC)  No 1300/2008  of  18 December  2008  establishing  a  multi-annual 
plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting 

1 
2 
3 
4 
5 

OJ L 281, 23.11.1995, p. 31. 
OJ L 150, 30.4.2004, p. 1. 
OJ L 345, 28.12.2005, p. 5. 
OJ L 65, 7.3.2006, p. 1. 
OJ L 122, 11.5.2007, p. 7. 

EN 

13 

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that stock1; and Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a 
long-term plan for cod stocks and the fisheries exploiting those stocks.2  

(9) 

The scientific advice for cod stocks in the West of Scotland, the Irish Sea and the Kattegat 
notes that those stocks are still failing to recover. A stricter TAC level than the default TAC 
reduction imposed by the cod plan3 harvest rules for data-poor stocks should be applied, in 
accordance with Article 10(2) of that plan. 

(10)  For stocks for which there is not sufficient or reliable data in order to provide size estimates, 
management measures and TAC levels should follow the precautionary principle as defined 
in the Communication from the Commission on the Precautionary Principle4, as well as the 
approach outlined in the Communication from the Commission concerning a consultation on 
Fishing  Opportunities,  while  taking  into  account  stock-specific  factors,  including  in 
particular available information on stock trends and mixed fisheries considerations. 

(11) 

In  accordance  with  Article 2  of  Council  Regulation  (EC)  No 847/96  of  6  May  1996 
introducing  additional  conditions  for  year-to-year  management  of  TACs  and  quotas5,  the 
stocks that are subject to the various measures referred to therein should be identified. 

(12)  For certain species, such as certain species of sharks, even a limited fishing activity could 
result  in  a  serious  risk  to  their  conservation.  Fishing  opportunities  for  such  species  should 
therefore be fully restricted through a general fishing prohibition for those species. 

(13)  Norway lobster is caught in mixed demersal fisheries together with various other species. In 
a zone to the west of Ireland known as the Porcupine Bank there is an urgent conservation 
need to reduce catches of Norway lobster as much as possible. It is therefore appropriate to 
limit the fishing opportunities in this area only to the catching of pelagic species with which 
Norway lobster is not caught. 

(14) 

It is necessary to establish the fishing effort ceilings for 2012 in accordance with Article 8 of 
Regulation  (EC)  No 2166/2005,  Article 5  of  Regulation  (EC)  No 509/2007,  Articles 11 
and 12  of  Regulation  (EC)  No 1342/2008,  while  taking  into  account  Council  Regulation 
(EC)  No 754/2009  of  27 July  2009  excluding  certain  groups  of  vessels  from  the  fishing 
effort regime laid down in Chapter III of Regulation (EC) No 1342/20086. 

(15)  The  use  of  fishing  opportunities  available  to  Union  vessels  set  out  in  this  Regulation  is 
subject  to  Council  Regulation  (EC)  No 1224/2009  of  20  November  2009  establishing  a 
Community control system for ensuring compliance with the rules of the common fisheries 
policy7, and in particular to Articles 33 and 34 thereof concerning the recording of catches 
and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is 
therefore necessary to specify the codes to be used by Member States when sending data to 
the Commission relating to landings of stocks subject to this Regulation. 

1 
2 
3 

4 
5 
6 
7 

OJ L 344, 20.12.2008, p. 6. 
OJ L 348, 24.12.2008, p. 20. 
Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and 
the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004, OJ L 348, 24.12.2008, p. 20–
33  
COM(2000) 1 final. 
OJ L 115, 9.5.1996, p. 3. 
OJ L 214, 19.8.2009, p. 16. 
OJ L 343, 22.12.2009, p. 1. 

EN 

14 

   EN 

 
                                                 
(16) 

In  order  to  avoid  the  interruption  of  fishing  activities  and  to  ensure  the  livelihood  of  the 
fishermen  of  the  Union, this Regulation should apply from 1 January 2012, except for the 
provisions concerning fishing effort limits, which should apply from 1 February 2012. For 
reasons of urgency, this Regulation should enter into force immediately after its publication. 

(17)  Fishing  opportunities  should  be  used  in  full  compliance  with  the  applicable  law  of 

the Union, 

HAS ADOPTED THIS REGULATION: 

EN 

15 

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TITLE I 

SCOPE AND DEFINITIONS 

Article 1 
Subject matter 

(1) 

This  Regulation  fixes  thefishing  opportunities  available  to  Union  vessels  for  certain  fish 
stocks  and  groups  of  fish  stocks  which  are  not  subject  to  international  negotiations  or 
agreements. 

(2) 

The fishing opportunities referred to in paragraph 1 include: 

(a) 

catch limits for the year 2012; and 

(b) 

fishing effort limits for the period from 1 February 2012 to 31 January 2013. 

This Regulation shall apply to Union vessels. 

Article 2 
Scope 

Article 3 
Definitions 

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

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

'Union vessel' means a fishing vessel flying the flag of a Member State and registered in 
the Union; 

'Union  waters'  means  waters  under  the  sovereignty  or  jurisdiction  of  the  Member  States 
with the exception of waters adjacent to the territories mentioned in Annex II to the Treaty; 

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

'quota' means a proportion of the TAC allocated to the Union or a Member State; 

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

'mesh  size'  means  the  mesh  size  of  fishing  nets  as  determined  in  accordance  with 
Regulation (EC) No 517/2008 ; 

'Union  fishing  fleet  register'  means  the  register  set  up  by  the  Commission  in  accordance 
with Article 15(3) of Regulation (EC) No 2371/2002; 

(h)'fishing logbook' means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009. 

EN 

16 

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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 (EC) No 218/2009 of the European Parliament and of the Council of 11 March 
2009 on the submission of nominal catch statistics by Member States fishing in the north-
east Atlantic; 

'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) 

'VII  (Porcupine  Bank  –  Unit  16)'  means  the  area  bounded  by  rhumb  lines  sequentially 
joining the following positions: 

– 

– 

– 

– 

– 

– 

– 

(e) 

(f) 

53° 30' N 15° 00' W, 

53° 30' N 11° 00' W, 

51° 30' N 11° 00' W, 

51° 30' N 13° 00' W, 

51° 00' N 13° 00' W, 

51° 00' N 15° 00' W, 

53° 30' N 15° 00' W; 

'Gulf of Cádiz' means the area of ICES division IXa east of longitude 7º 23' 48″ W;  

CECAF (Committee for Eastern Central Atlantic Fisheries) areas are as defined in Annex I 
to  Regulation  (EC)  No  216/2009  of  the  European  Parliament  and  of  the  Council  of  11 
March  2009  on  the  submission  of  nominal  catch  statistics  by  Member  States  fishing  in 
certain areas other than those of the North Atlantic.1 

1 

OJ L 87, 31.3.2009, p. 1. 

EN 

17 

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TITLE II 

FISHING OPPORTUNITIES 

Article 5 
TACs and allocations 

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

Article 6 
Special provisions on certain TACs 

1. 

2. 

The  TACs  for  certain  fish  stocks  shall  be  determined  by  the  Member  State  concerned. 
Those stocks are identified in Annex I. 

The TACS to be determined by a Member State shall: 

(a)  be  consistent  with  the  principles  and  rules  of  the  Common  Fisheries  Policy,  in 

particular the principle of sustainable exploitation of the stock; and 

(b) 

result,  with  the  highest  probability,  in  the  exploitation  of  the  stock  consistent  with 
maximum sustainable yield from 2015 onwards. 

3. 

By 28 February 2012, each Member State concerned shall submit to the Commission the 
following information: 

(a) 

the TACs adopted; 

(b) 

the data collected and assessed by the Member State on which the TACs are based; 
and 

(c)  details on how the adopted TACs comply with paragraph 2. 

Article 7 
Additional allocation for vessels participating 
in trials on fully documented fisheries 

1. 

2. 

For  certain  stocks,  Member  States  may  grant  an  additional  allocation  to  vessels 
participating in trials on fully documented fisheries. Those stocks are identified in Annex I. 
The  additional  allocations  shall  not  exceed  an  overall  limit  set  out  in  Annex  I  as  a 
percentage of the quota allocated to the Member State concerned. 

The  additional  allocations  referred  to  in  paragraph  1  may  be  granted  only  in  accordance 
with the following conditions: 

EN 

18 

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(a) 

(b) 

the  vessels  use  close  circuit  television  cameras  (CCTV)  associated  to  a  system  of 
sensors to record all fishing and processing activities on board the vessels; 

the  amount  of  the  additional  allocation  granted  to  a  vessel  must  be  no  more  than 
75 %  of  the  discards  estimated  for  the  vessel  type  to  which  it  belongs,  and  in  any 
case  shall  not  represent  more  than  a  30 %  increase  of  the  vessel's  basic  allocation; 
and  

(c) 

all  catches  of  the  stocks  subject  to  the  additional  allocation  by  that  vessel  must  be 
counted against the vessel's total allocation. 

To  the  extent  that  the  recordings  obtained  in  accordance  with  point  (a)  involve  the  processing  of 
personal  data  within  the  meaning  of  Directive  95/46/EC  of  the  European  Parliament  and  of  the 
Council  of  24  October  1995  on  the  protection  of  individuals  with  regard  to  the  processing  of 
personal data and on the free movement of such data,1 the Directive shall apply to the processing of 
such data. 

3. 

4. 

Where  a  Member State  detects  that  a  vessel  participating  in  trials  on  fully  documented 
fisheries  fails  to  comply  with  the  conditions  set  out  in  paragraph  2,  it  shall  immediately 
withdraw the additional allocation granted to that vessel and exclude it from participation 
in those trials for the remainder of the year 2012. 

Prior to granting additional allocations, Member States shall submit to the Commission the 
following information: 

(a) 

the list of vessels participating in trials on fully documented fisheries,  

(b) 

(c) 

the specifications of the remote electronic monitoring equipment installed on board 
those vessels;  

the capacity, type and specification of gears used by the vessels participating in the 
trials; 

(d) 

the estimated discard rates of each vessel type participating in the trials; and 

(e) 

the amount of catches of the stock subject to the relevant TAC made in 2011by the 
vessels participating in the trials.  

5. 

The  Commission  may  request  that  the  assessment  of  the  estimated  discards  for  vessels 
mentioned in paragraph (2)(b) be submitted to a scientific advisory body for review. In the 
absence  of  a  confirming  assessment,  the  Member  State  concerned  shall  not  grant  or,  if 
already granted, withdraw the additional allocation to the vessels concerned. 

Article 8 
Conditions for landing catches and by-catches 

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

1 

OJ L 281, 23.11.1995, p. 31. 

EN 

19 

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(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  Union  quota  which  has  not  been  allocated  by  quota 
among Member States, and that Union quota has not been exhausted. 

Article 9 
Fishing effort limits 

From 1 February 2012 to 31 January 2013, the fishing effort measures laid down in: 

(a) 

(b) 

Annex IIA shall apply for the management of cod stocks in the Kattegat, ICES divisions 
VIIa and VIa, and Union waters of ICES division Vb. 

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

(c) 

Annex IIC shall apply for the management of the sole stock in ICES division VIIe. 

Article 10 
Special provisions on allocations of fishing opportunities 

1. 

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

(a) 

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

(b) 

reallocations  made  pursuant  to  Article 37  of  Regulation  (EC)  No 1224/2009  or 
pursuant to Article 10(4) of Regulation (EC) No 1006/2008; 

(c) 

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

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

(e) 

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

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

Article 11 
Closed fishing season 

It shall be prohibited to fish or retain onboard any of the following species in the Porcupine 
Bank  during  the  period  from 1 May  to 31 July  2012:  cod,  megrims,  anglerfish,  haddock, 
whiting, hake, Norway lobster, plaice, pollack, skates and rays, common sole and spurdog. 

For the purposes of this Article,  the  Porcupine  Bank  shall comprise the  area bounded by 
rhumb lines sequentially joining the following positions: 

2. 

1. 

2. 

EN 

20 

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Point 

Latitude 

Longitude 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

52° 27' N 

52° 40' N 

52° 47' N 

52° 47' N 

52° 13,5' N 

51° 22' N 

51° 22' N 

52° 10' N 

52° 32' N 

52° 43' N 

52° 43' N 

52° 38,800' N 

52° 27' N 

52° 27' N 

12° 19' W 

12° 30' W 

12° 39,600' W 

12° 56' W 

13° 53,830' W 

14° 24' W 

14° 03' W 

13° 25' W 

13° 07,500' W 

12° 55' W 

12° 43' W 

12° 37' W 

12° 23' W 

12° 19' W 

3. 

By  way  of  derogation  from  paragraph  1,  transit  through  the  Porcupine  Bank,  carrying 
onboard  the  species  referred  to  in  that  paragraph,  shall  be  permitted  in  accordance  with 
Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009. 

Article 12 
Prohibited species 

(1) 

It shall be prohibited for Union vessels to fish for, to retain on board, to tranship or to land 
the following species: 

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

Union and non Union waters; 

(b)  porbeagle (Lamna nasus) in international waters; 

(c) 

angel shark (Squatina squatina) in Union waters; 

(d) 

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

(e)  undulate ray (Raja  undulata) and white  skate (Rostroraja alba) in Union waters of 

ICES subareas VI, VII, VIII, IX and X; 

(f) 

guitarfishes  (Rhinobatidae)  in  Union  waters  of  ICES  subareas  I,  II,  III,  IV,  V,  VI, 
VII, VIII, IX, X and XII. 

(2) 

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

EN 

21 

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Article 13 
Data transmission 

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

TITLE III 

FINAL PROVISIONS 

Article 14 
Entry into force and application 

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

It shall apply from 1 January 2012. 

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

Done at Brussels, 

For the Council 
The President 

EN 

22 

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LIST OF ANNEXES 

• 

• 

• 

• 

ANNEX I: TACs applicable to Union vessels in areas where TACs exist by species and by 
area (in tonnes live weight, except where otherwise specified). 

– 

– 

Part A: General provisions 

Part B: Kattegat, ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, 
Union waters of CECAF, French Guyana waters. 

ANNEX IIA: Fishing effort for vessels in the context of the management of cod stocks in 
the Kattegat, ICES divisions VIIa and VIa, and Union waters of ICES division Vb 

ANNEX IIB: Fishing effort for vessels in the context of the recovery of certain Southern 
hake  and  Norway  lobster  stocks  in  ICES  divisions  VIIIc  and  IXa  excluding  the  Gulf  of 
Cadiz 

ANNEX  IIC  Fishing  effort  for  vessels  in  the  context  of  the  management  of  Western 
Channel sole stocks in ICES division VIIe 

EN 

23 

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ANNEX I 

TACS APPLICABLE TO UNION VESSELS IN AREAS WHERE TACs EXIST 
BY SPECIES AND BY AREA 
IN TONNES LIVE WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED 

PART A 
GENERAL PROVISIONS 

The tables in Part B of this Annex set out the TACs and quotas (in tonnes live weight, except where 
otherwise specified) by stock, and conditions functionally linked thereto, where appropriate. 

All  fishing  opportunities  set  out  in  this  Annex  shall  be  subject  to  the  rules  set  out  in  Regulation 
(EC) No 1224/2009, and in particular Articles 33 and 34 thereof.  

The  references  to  fishing  zones  are  references  to  ICES  zones,  unless  otherwise  specified.Within 
each  area,  fish  stocks  are  referred  to  following  the  alphabetical  order  of  the  Latin  names  of  the 
species. The following table of correspondences of Latin names and common names is given for the 
purposes of this Regulation. 

Scientific name  

Alpha-3 code 

Common name 

Amblyraja radiata  

Ammodytes spp. 

Argentina silus 

Beryx spp. 

Brosme brosme 

Caproidae 

RJR 

SAN 

ARU 

ALF 

USK 

BOR 

Starry ray 

Sandeels 

Greater silver smelt 

Alfonsinos 

Tusk 

Boarfish 

Centrophorus squamosus 

GUQ 

Leafscale gulper shark 

Centroscymnus coelolepis 

CYO 

Portuguese dogfish 

Chaceon maritae 

CGE 

Deep sea red crab 

EN 

24 

   EN 

 
Scientific name  

Alpha-3 code 

Common name 

Champsocephalus gunnari 

ANI 

Antarctic icefish 

Chionoecetes spp. 

Clupea harengus 

PCR 

HER 

Snow crab 

Herring 

Coryphaenoides rupestris 

RNG 

Roundnose grenadier 

Dalatias licha 

Deania calcea 

Dipturus batis 

SCK 

DCA 

RJB 

Kitefin shark 

Birdbeak dogfish 

Common skate 

Dissostichus eleginoides 

TOP 

Patagonian toothfish 

Engraulis encrasicolus 

ANE 

Anchovy 

Etmopterus princeps 

Etmopterus pusillus 

Euphausia superba 

Gadus morhua 

Galeorhinus galeus 

ETR 

ETP 

KRI 

COD 

GAG 

Great lanternshark 

Smooth lanternshark 

Krill 

Cod 

Tope shark 

Glyptocephalus cynoglossus 

WIT 

Witch flounder 

Hippoglossoides platessoides 

PLA 

American plaice 

Hippoglossus hippoglossus 

HAL 

Atlantic halibut 

Hoplostethus atlanticus 

ORY 

Orange roughy 

Illex illecebrosus 

Lamna nasus 

SQI 

POR 

Shortfin squid 

Porbeagle 

EN 

25 

   EN 

 
Scientific name  

Alpha-3 code 

Common name 

Lepidonotothen squamifrons 

NOS 

Grey rockcod 

Lepidorhombus spp. 

Leucoraja circularis 

Leucoraja fullonica 

Leucoraja naevus 

Limanda ferruginea 

Limanda limanda 

Lophiidae 

Macrourus spp. 

Makaira nigricans 

Mallotus villosus 

Martialia hyadesi 

LEZ 

RJI 

RJF 

RJN 

YEL 

DAB 

ANF 

GRV 

BUM 

CAP 

SQS 

Melanogrammus aeglefinus 

HAD 

Merlangius merlangus 

WHG 

Merluccius merluccius 

HKE 

Megrims 

Sandy ray 

Shagreen ray 

Cuckoo ray 

Yellowtail flounder 

Dab 

Anglerfish 

Grenadiers 

Blue marlin 

Capelin 

Squid 

Haddock 

Whiting 

Hake 

Micromesistius poutassou 

WHB 

Blue whiting 

Microstomus kitt 

Molva dypterygia 

Molva molva 

Nephrops norvegicus 

LEM 

BLI 

LIN 

NEP 

Lemon sole 

Blue ling 

Ling 

Norway lobster 

EN 

26 

   EN 

 
Scientific name  

Alpha-3 code 

Common name 

Pandalus borealis 

Paralomis spp. 

Penaeus spp. 

Platichthys flesus 

Pleuronectes platessa 

Pleuronectiformes 

Pollachius pollachius 

Pollachius virens 

Psetta maxima 

Raja brachyura 

Raja clavata 

PRA 

PAI 

PEN 

FLE 

PLE 

FLX 

POL 

POK 

TUR 

RJH 

RJC 

Northern prawn 

Crabs 

"Penaeus" shrimps 

Flounder 

Plaice 

Flatfish 

Pollack 

Saithe 

Turbot 

Blonde ray 

Thornback ray 

Raja (Dipturus) nidarosiensis 

JAD 

Norwegian skate 

Raja microocellata 

Raja montagui 

Raja undulata 

Rajiformes 

RJE 

RJM 

RJU 

SRX 

Small-eyed ray 

Spotted ray 

Undulate ray 

Skates and rays 

Reinhardtius hippoglossoides 

GHL 

Greenland halibut 

Rostroraja alba 

Scomber scombrus 

RJA 

MAC 

Scophthalmus rhombus 

BLL 

White skate  

Mackerel 

Brill 

EN 

27 

   EN 

 
Scientific name  

Alpha-3 code 

Common name 

Sebastes spp. 

Solea solea 

Solea spp. 

Sprattus sprattus 

Squalus acanthias 

RED 

SOL 

SOX 

SPR 

DGS 

Redfish 

Common sole 

Sole 

Sprat 

Spurdog/dogfish 

Tetrapturus albidus 

WHM 

White marlin 

Thunnus maccoyii 

Thunnus obesus 

Thunnus thynnus 

Trachurus spp. 

Trisopterus esmarkii 

Urophycis tenuis 

Xiphias gladius 

SBF 

BET 

BFT 

JAX 

NOP 

HKW 

SWO 

Southern bluefin tuna 

Bigeye tuna 

Bluefin tuna 

Horse mackerel 

Norway pout 

White hake 

Swordfish 

The following table of correspondences of common names and Latin names is given exclusively for 
explanatory purposes: 

Alfonsinos 

American plaice 

Anchovy 

Anglerfish 

Antarctic icefish 

Atlantic halibut 

ALF 

PLA 

ANE 

ANF 

ANI 

HAL 

Beryx spp. 

Hippoglossoides platessoides 

Engraulis encrasicolus 

Lophiidae 

Champsocephalus gunnari 

Hippoglossus hippoglossus 

EN 

28 

   EN 

 
Bigeye tuna 

Birdbeak dogfish 

Blonde ray 

Blue ling 

Blue marlin 

Blue whiting 

Bluefin tuna 

Boarfish 

Brill 

Capelin 

Cod 

Common skate 

Common sole 

Crabs 

Cuckoo ray 

Dab 

Deep sea red crab 

Flatfish 

Flounder 

Great lanternshark 

BET 

DCA 

RJH 

BLI 

BUM 

WHB 

BFT 

BOR 

BLL 

CAP 

COD 

RJB 

SOL 

PAI 

RJN 

DAB 

CGE 

FLX 

FLE 

ETR 

Thunnus obesus 

Deania calcea 

Raja brachyura 

Molva dypterygia 

Makaira nigricans 

Micromesistius poutassou 

Thunnus thynnus 

Caproidae 

Scophthalmus rhombus 

Mallotus villosus 

Gadus morhua 

Dipturus batis 

Solea solea 

Paralomis spp. 

Leucoraja naevus 

Limanda limanda 

Chaceon maritae 

Pleuronectiformes 

Platichthys flesus 

Etmopterus princeps 

Greater silver smelt 

ARU 

Argentina silus 

EN 

29 

   EN 

 
Greenland halibut 

Grenadiers 

Grey rockcod 

Haddock 

Hake 

Herring 

Horse mackerel 

Kitefin shark 

Krill 

GHL 

GRV 

NOS 

HAD 

HKE 

HER 

JAX 

SCK 

KRI 

Reinhardtius hippoglossoides 

Macrourus spp. 

Lepidonotothen squamifrons 

Melanogrammus aeglefinus 

Merluccius merluccius 

Clupea harengus 

Trachurus spp. 

Dalatias licha 

Euphausia superba 

Leafscale gulper shark 

GUQ 

Centrophorus squamosus 

Lemon sole 

Ling 

Mackerel 

Megrims 

Northern prawn 

Norway lobster 

Norway pout 

Norwegian skate 

Orange roughy 

Patagonian toothfish 

"Penaeus" shrimps 

LEM 

LIN 

MAC 

LEZ 

PRA 

NEP 

NOP 

JAD 

ORY 

TOP 

PEN 

Microstomus kitt 

Molva molva 

Scomber scombrus 

Lepidorhombus spp. 

Pandalus borealis 

Nephrops norvegicus 

Trisopterus esmarkii 

Raja (Dipturus) nidarosiensis 

Hoplostethus atlanticus 

Dissostichus eleginoides 

Penaeus spp. 

EN 

30 

   EN 

 
Plaice 

Pollack 

Porbeagle 

Portuguese dogfish 

Redfish 

PLE 

POL 

POR 

CYO 

RED 

Pleuronectes platessa 

Pollachius pollachius 

Lamna nasus 

Centroscymnus coelolepis 

Sebastes spp. 

Roundnose grenadier 

RNG 

Coryphaenoides rupestris 

Saithe 

Sandeels 

Sandy ray 

Shagreen ray 

Shortfin squid 

Skates and rays 

Small-eyed ray 

Smooth lanternshark 

Snow crab 

Sole 

POK 

SAN 

RJI 

RJF 

SQI 

SRX 

RJE 

ETP 

PCR 

SOX 

Pollachius virens 

Ammodytes spp. 

Leucoraja circularis 

Leucoraja fullonica 

Illex illecebrosus 

Rajiformes 

Raja microocellata 

Etmopterus pusillus 

Chionoecetes spp. 

Solea spp. 

Southern bluefin tuna 

SBF 

Thunnus maccoyii 

Spotted ray 

Sprat 

Spurdog/dogfish 

Squid 

RJM 

SPR 

DGS 

SQS 

Raja montagui 

Sprattus sprattus 

Squalus acanthias 

Martialia hyadesi 

EN 

31 

   EN 

 
Starry ray 

Swordfish 

Thornback ray 

Tope shark 

Turbot 

Tusk 

Undulate ray 

White hake 

White marlin 

White skate 

Whiting 

Witch flounder 

Yellowtail flounder 

RJR 

SWO 

RJC 

GAG 

TUR 

USK 

RJU 

HKW 

WHM 

RJA 

WHG 

WIT 

YEL 

Amblyraja radiata 

Xiphias gladius 

Raja clavata 

Galeorhinus galeus 

Psetta maxima 

Brosme brosme 

Raja undulata 

Urophycis tenuis 

Tetrapturus albidus 

Rostroraja alba 

Merlangius merlangus 

Glyptocephalus cynoglossus 

Limanda ferruginea 

EN 

32 

   EN 

 
Species: 

Germany 
France 
The Netherlands 
United Kingdom 
Union 

TAC 

. 

Species: 

Denmark 
Germany 
France 
Ireland 
The Netherlands 
Sweden 
United Kingdom 
Union 

TAC 

. 

Species: 

Germany 
France 
Ireland 
The Netherlands 
United Kingdom 
Union 

TAC 

. 

Species: 

Denmark 
Sweden 
Germany 
Union 

TAC 

. 

Species: 

PART B 
KATTEGAT, ICES SUBAREAS I, II, III, IV, V, VI, VII, VIII, IX, X, XII 
AND XIV, UNION WATERS OF CECAF, FRENCH GUYANA WATERS  

Zone: 

Union and international waters of I and II 
(ARU/1/2.) 

Analytical TAC 

Greater silver smelt 
Argentina silus 
 21 
 7 
 17 
 32 
 77 

 77 

Greater silver smelt 
Argentina silus 

Zone: 

Union waters of III and IV 
(ARU/3/4.) 

Analytical TAC 

 781 
 8 
 6 
 6 
 37 
 30 
 14 
 882 

 882 

Greater silver smelt 
Argentina silus 

Zone: 

Union and international waters of V, VI and VII 
(ARU/567.) 

Analytical TAC 

Zone: 

Analytical TAC 

IIIa; Union waters of Subdivisions 22-32 
(USK/3A/BCD) 

 268 
 6 
 248 
2 799 
 197 
3 518 

3 518 

Tusk 
Brosme brosme 
 10 
 5 
 5 
 20 

 20 

Boarfish 
Caproidae 

Zone: 

Union  and  international  waters  of  VI,  VII  and 
VIII 
(BOR/678-) 

Denmark 
Ireland 
United Kingdom 
Sweden 

pm 
pm 
pm 
pm 

Precautionary TAC 

EN 

33 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
 
 
 
 
 
 
 
 
 
Union 

TAC 

. 

Species: 

Ireland 
The Netherlands 
Union 

TAC 
(1) 

. 

TAC 
(1) 

. 

Species: 

Ireland 
United Kingdom 
Union 

TAC 
(1) 

pm 

pm 

Herring 
Clupea harengus 
3 048 
 305 
3 353 

3 353 

Zone: 

Analytical TAC 

VIIb, VIIc; VIaS(1) 
(HER/6AS7BC) 

Reference is to the herring stock in VIa south of 56° 00' N and west of 07° 00' W. 

Species: 

Herring 
Clupea harengus 

Zone: 

VI Clyde(1) 
(HER/06ACL.) 

United Kingdom 
Union 

To be established 
To be established 

To be established 

Precautionary TAC 

(2) 

(3) 

(3) 

Clyde stock: reference is to the herring stock in the maritime area situated to the north-east of a line drawn between 
the Mull of Kintyre and Corsewall Point. 

(2)  Article 6 of this Regulation applies. 
(3) 

Fixed at the same quantity as determined in accordance with footnote 2. 

Herring 
Clupea harengus 

Zone: 

VIIa(1) 
(HER/07A/MM) 

Analytical TAC 

1 031 
2 929 
3 960 

3 960 

This zone is reduced by the area added to VIIg, VIIh, VIIj and VIIk bounded: 
–  to the north by latitude 52° 30' N, 
–  to the south by latitude 52° 00' N, 
–  to the west by the coast of Ireland, 
–  to the east by the coast of the United Kingdom. 

. 

Species: 

France 
United Kingdom 
Union 

TAC 

. 

Species: 

Germany 
France 
Ireland 
The Netherlands 
United Kingdom 
Union 

Zone: 

VIIe and VIIf 
(HER/7EF.) 

Precautionary TAC 

Herring 
Clupea harengus 

 416 
 416 
 833 

 833 

Herring 
Clupea harengus 

Zone: 

VIIg(1), VIIh(1), VIIj(1) and VIIk(1) 
(HER/7G-K.) 

Analytical TAC 

 234 
1 302 
18 236 
1 302 
 26 
21 100 

EN 

34 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TAC 
(1) 

21 100 

This zone is increased by the area bounded: 
–  to the north by latitude 52° 30' N, 
–  to the south by latitude 52° 00' N, 
–  to the west by the coast of Ireland, 
–  to the east by the coast of the United Kingdom. 

. 

Species: 

Spain 
Portugal 
Union 

TAC 

. 

Species: 

Denmark 
Germany 
Sweden 
Union 

TAC 

Anchovy 
Engraulis encrasicolus 

3 090 
3 370 
6 460 

6 460 

Cod 
Gadus morhua 
0 
0 
0 
0 

0 

(1) 

Zone
: 
Analytical TAC 

IX and X; Union waters of CECAF 34.1.1 
(ANE/9/3411) 

Zone: 

Kattegat  
(COD/03AS.) 

Analytical TAC 

(1) By-catch of cod in the area covered by this TAC may be landed provided that it does not comprise more than 1.5 % of 
the live weight of the total catch retained on board per fishing trip. 

. 

Species: 

Belgium 
Germany 
France 
Ireland 
United Kingdom 
Union 

TAC 

. 

Species: 

Belgium 
Germany 
France 
Ireland 
United Kingdom 
Union 

TAC 

Cod 
Gadus morhua 

Zone: 

VIb;  Union  and  international  waters  of  Vb  west 
of 12° 00' W and of XII and XIV  
(COD/5W6-14) 

Precautionary TAC 

 0 
 2 
 19 
 7 
 31 
 59 

 59 

Cod 
Gadus morhua 

Zone: 

VIa;  Union  and  international  waters  of  Vb  east  of 
12° 00' W 
(COD/5BE6A) 

Analytical TAC 

0 
0 
0 
0 
0 
0 

0 

(1) 

(1) By-catch of cod in the area covered by this TAC may be landed provided that it does not comprise more than 1.5 % of 
the live weight of the total catch retained on board per fishing trip. 

EN 

35 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Zone: 

VIIa 
(COD/07A.) 

Analytical TAC 

Species: 

Belgium 
France 
Ireland 
The Netherlands 
United Kingdom 
Union 

TAC 

Cod 
Gadus morhua 

0 
0 
0 
0 
0 
0 

0 

(1) 

(1) By-catch of cod in the area covered by this TAC may be landed provided that it does not comprise more than 1.5 % of 
the live weight of the total catch retained on board per fishing trip. 

. 

Species: 

Belgium 
France 
Ireland 
The Netherlands 
United Kingdom 
Union 

TAC 

. 

Species: 

Denmark 
France 
Germany 
Ireland 
Spain 
United Kingdom 
Union 

TAC 

Cod 
Gadus morhua 

Zone: 

VIIb, VIIc, VIIe-k, VIII, IX and X; Union waters of 
CECAF 34.1.1  
(COD/7XAD34) 

Analytical TAC 
Article 11 of this Regulation applies. 

 432 
7 080 
1 403 
 1 
 763 
9 679 

9 679 

Porbeagle 
Lamna nasus 

Zone: 

French  Guyana  waters,  Kattegat;  Union  waters  of 
Skagerrak,  I,  II,  III,  IV,  V,  VI,  VII,  VIII,  IX,  X, 
XII  and  XIV;  Union  waters  of  CECAF  34.1.1, 
34.1.2 and 34.2 
(POR/3-1234) 

Analytical TAC 

pm 
pm 
pm 
pm 
pm 
pm 
pm 

pm 

(1) 
(1) 
(1) 
(1) 
(1) 
(1) 
(1) 
(1) 
(1) 

(1) 

When accidentally caught, this species shall not be harmed. Specimens shall be promptly released. 

. 

Species: 

Belgium 
Denmark 
Germany 
France 
The Netherlands 
United Kingdom 
Union 

Megrims 
Lepidorhombus spp. 
 5 
 4 
 4 
 26 
 20 
1 509 
1 568 

Zone: 

Analytical TAC 

Union waters of IIa and IV 
(LEZ/2AC4-C) 

EN 

36 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TAC 

. 

Species: 

Spain 
France 
Ireland 
United Kingdom 
Union 

TAC 

. 

Species: 

Belgium 
Spain 
France 
Ireland 
United Kingdom 
Union 

TAC 

. 

Species: 

Spain 
France 
Union 

TAC 

. 

Species: 

Spain 
France 
Portugal 
Union 

TAC 

. 

Species: 

1 568 

Megrims 
Lepidorhombus spp. 

Zone: 

VI; Union and international waters of Vb; international 
waters of XII and XIV 
(LEZ/56-14) 

Analytical TAC 

Zone: 

VII 
(LEZ/07.) 

Analytical TAC 
Article 11 of this Regulation applies. 

Zone: 

Analytical TAC 

VIIIa, VIIIb, VIIId and VIIIe 
(LEZ/8ABDE.) 

 327 
1 276 
 373 
 903 
2 879 

2 879 

Megrims 
Lepidorhombus spp. 
 371 
4 118 
4 996 
2 272 
1 968 
13 725 

13 725 

Megrims 
Lepidorhombus spp. 
 750 
 605 
1 355 

1 355 

Megrims 
Lepidorhombus spp. 

Zone: 

VIIIc,  IX  and  X;  Union  waters  of  CECAF 
34.1.1 
(LEZ/8C3411) 

Analytical TAC 

1 091 
 55 
 36 
1 182 

1 182 

Anglerfish 
Lophiidae 

Zone: 

VI;  Union  and  international  waters  of  Vb; 
international waters of XII and XIV 
(ANF/56-14) 

Analytical TAC 

Belgium 
Germany 
Spain 
France 
Ireland 
The Netherlands 
United Kingdom 
Union 

 147 
 168 
 157 
1 810 
 409 
 142 
1 259 
4 092 

EN 

37 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TAC 

. 

Species: 

Belgium 
Germany 
Spain 
France 
Ireland 
The Netherlands 
United Kingdom 
Union 

TAC 
(1) 

Zone: 

VII 
(ANF/07.) 

Analytical TAC 
Article 11 of this Regulation applies. 

4 092 

Anglerfish 
Lophiidae 

2 238 
 250 
 889 
14 362 
1 835 
 290 
4 355 
24 219 

24 219 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

Special condition: of which up to 5 % may be fished in VIIIa, VIIIb, VIIId and VIIIe (ANF/*8ABDE). 

. 

Species: 

Spain 
France 
Union 

TAC 

. 

Species: 

Spain 
France 
Portugal 
Union 

TAC 

. 

Species: 

Belgium 
Germany 
France 
Ireland 
United Kingdom 
Union 

TAC 

. 

Species: 

Belgium 
France 
Ireland 
United Kingdom 
Union 

Zone: 

VIIIa, VIIIb, VIIId and VIIIe 
(ANF/8ABDE.) 

Analytical TAC 

Zone: 

Analytical TAC 

VIIIc,  IX  and  X;  Union  waters  of  CECAF 
34.1.1 
(ANF/8C3411) 

Anglerfish 
Lophiidae 

Anglerfish 
Lophiidae 

 989 
5 501 
6 490 

6 490 

2 750 
 3 
 547 
3 300 

3 300 

Haddock 
Melanogrammus aeglefinus 

Zone: 

Union and international waters of Vb and VIa 
(HAD/5BC6A.) 

Analytical TAC 

 6 
 7 
 276 
 197 
2 020 
2 506 

2 506 

Haddock 
Melanogrammus aeglefinus 

Zone: 

VIIb-k,  VIII,  IX  and  X;  Union  waters  of 
CECAF 34.1.1 
(HAD/7X7A34) 

Analytical TAC 
Article 11 of this Regulation applies. 

 111 
6 658 
2 219 
 999 
9 987 

EN 

38 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
9 987 

Haddock 
Melanogrammus aeglefinus 

Zone: 

VIIa 
(HAD/07A.) 

Analytical TAC 

 16 
 71 
 428 
 473 
 988 

 988 

Whiting 
Merlangius merlangus 

Zone: 

VI;  Union  and  international  waters  of  Vb; 
international waters of XII and XIV 
(WHG/56-14) 

Analytical TAC 

Zone: 

VIIa 
(WHG/07A.) 

Analytical TAC 

Zone: 

VIIb,  VIIc,  VIId,  VIIe,  VIIf,  VIIg,  VIIh,  VIIj 
and VIIk (WHG/7X7A-C) 

Analytical TAC 
Article 11 of this Regulation applies. 

 1 
 30 
 72 
 139 
 242 

 242 

Whiting 
Merlangius merlangus 

 0 
 6 
 35 
 0 
 48 
 89 

 89 

Whiting 
Merlangius merlangus 
 121 
7 455 
3 455 
 61 
1 334 
12 426 

12 426 

TAC 

. 

Species: 

Belgium 
France 
Ireland 
United Kingdom 
Union 

TAC 

. 

Species: 

Germany 
France 
Ireland 
United Kingdom 
Union 

TAC 

. 

Species: 

Belgium 
France 
Ireland 
The Netherlands 
United Kingdom 
Union 

TAC 

. 

Species: 

Belgium 
France 
Ireland 
The Netherlands 
United Kingdom 
Union 

TAC 

. 

Species: 

Spain 
France 
Union 

Whiting 
Merlangius merlangus 
1 080 
1 619 
2 699 

Zone: 

Precautionary TAC 

VIII 
(WHG/08.) 

TAC 

2 699 

EN 

39 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
. 

Species: 

Portugal 

Union 

TAC 

Whiting 
Merlangius merlangus 

Zone: 

IX and X; Union waters of CECAF 34.1.1 
(WHG/9/3411) 

Precautionary TAC 

To be 
established 
To be 
established 

To be 
established 

(1) 

(2) 

(2) 

(1)  Article 6 of this Regulation applies. 
(2) 

Fixed at the same quantity as determined in accordance with footnote 1. 

. 

Species: 

Denmark 
Sweden 
Union 

Hake 
Merluccius merluccius 

Zone: 

IIIa; Union waters of Subdivisions 22-32 
(HKE/3A/BCD) 

1 366 
 116 
1 482 

Analytical TAC 

TAC 
(1)  Within an overall TAC of 49 175 tonnes for the northern stock of hake. 

1 482 

(1) 

. 

Species: 

Belgium 

Denmark 
Germany 
France 
The 
Netherlands 
United 
Kingdom 
Union 

Hake 
Merluccius merluccius 

Zone: 

Union waters of IIa and IV  
(HKE/2AC4-C) 

Analytical TAC 

25 
997 
115 
221 

57 

311 
1 726 

TAC 
(1)  Within an overall TAC of 49 175 tonnes for the northern stock of hake. 

1 726 

(1) 

. 

Species: 

Belgium 
Spain 
France 
Ireland 
The 
Netherlands 
United 
Kingdom 
Union 

TAC 
(1) 

Hake 
Merluccius merluccius 

Zone: 

VI  and  VII;  Union  and  international  waters  of 
Vb; international waters of XII and XIV 
(HKE/571214) 

Analytical TAC 
Article 11 of this Regulation applies. 

253 
8 129 
12 552 
1 521 

164 

4 956 
27 575 

27 575 

(1) 

(1) 

(1) 

(1) 

(2) 

Transfers of this quota may be effected to Union waters of IIa and IV. However, such transfers must be notified in 
advance to the Commission. 

(2)  Within an overall TAC of 49 175 tonnes for the northern stock of hake. 

EN 

40 

   EN 

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

VIIIa, VIIIb, VIIId and VIIIe 
(HKE/*8ABDE) 
 33 
1 311 
1 311 
 164 

 16 

 738 
3573 

Hake 
Merluccius merluccius 

Zone: 

VIIIa, VIIIb, VIIId and VIIIe 
(HKE/8ABDE.) 

Analytical TAC 

 8 
5 659 
12 708 
 16 
18 391 

18 391 

(1) 

(1) 

(2) 

Belgium 
Spain 
France 
Ireland 
The 
Netherlands 
United 
Kingdom 
Union 

. 

Species: 

Belgium 
Spain 
France 
The Netherlands 
Union 

TAC 
(1) 

Transfers of this quota may be effected to IV and Union waters of IIa. However, such transfers must be notified in 
advance to the Commission. 

(2)  Within an overall TAC of 49 175 tonnes for the northern stock of hake. 
Special condition:  
Within  the  limits  of  the  abovementioned  quotas,  no  more  than  the quantities  given  below  may  be  taken  in  the  following 
zones: 

VI and VII; Union and 
international waters of Vb; 
international waters of XII 
and XIV 
(HKE/*57-14) 

Belgium 
Spain 
France 
The Netherlands 
Union 

 2 
1 639 
2 950 
 5 
4596 

. 

Species: 

Spain 
France 
Portugal 
Union 

TAC 

. 

Species: 

Estonia 
Spain 
France 
Lithuania 

EN 

Hake 
Merluccius merluccius 

Zone: 

VIIIc,  IX  and  X;  Union  waters  of  CECAF 
34.1.1  
(HKE/8C3411) 

7 870 
 756 
3 673 
12 299 

12 299 

Blue ling 
Molva dypterygia 

 1 
 582 
 14 
 5 

Analytical TAC 

Zone: 

International waters of XII (BLI/12INT-)(1) 

Analytical TAC 

41 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
United Kingdom 
Others  
Union 

TAC 
(1) 

. 

Species: 

Belgium 
Denmark 
Germany 
Sweden 
United Kingdom 
Union 

TAC 
(1) 

. 

Species: 

Belgium 
Denmark 
Germany 
France 
The Netherlands 
United Kingdom 
Union 

TAC 

. 

Species: 

Spain 
France 
Ireland 
United Kingdom 
Union 

TAC 

. 

Species: 

Spain 
France 
Ireland 
United Kingdom 
Union 

(1) 

 5 
 1 
 611 

 611 

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

Ling 
Molva molva 

Zone: 

IIIa; Union waters of IIIbcd 
(LIN/3A/BCD) 

Analytical TAC 

(1) 

(1) 

(1) 

6 
43 
6 
17 
6 
 78 

 78 

Quota may be fished in Union waters of IIIa and Union waters of IIIbcd only. 

Zone: 

Union waters of IIa and IV  
(NEP/2AC4-C) 

Analytical TAC 

Zone: 

VI; Union and international waters of Vb  
(NEP/5BC6.) 

Analytical TAC 

Norway lobster 
Nephrops 
norvegicus 
1 091 
1 091 
 16 
 32 
 561 
18 058 
20 849 

20 849 

Norway lobster 
Nephrops 
norvegicus 

 28 
 113 
 189 
13 620 
13 950 

13 950 

Norway lobster 
Nephrops norvegicus 

Zone: 

VII 
(NEP/07.) 

Analytical TAC 
Article 11 of this Regulation applies 

1 053 
4 268 
6 473 
5 757 
17 551 

17 551 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

TAC 
(1) 

EN 

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

42 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Spain 

France 

Ireland 

United Kingdom 

Union 

. 

Species: 

Spain 
France 
Union 

TAC 

. 

Species: 

Spain 
France 
Union 

TAC 

. 

Species: 

Spain 
Portugal 
Union 

TAC 

. 

Species: 

France 

Union 

TAC 

 285 

 179 

 342 

 139 

 945 

Norway lobster 
Nephrops norvegicus 

Zone: 

VIIIa, VIIIb, VIIId and VIIIe 
(NEP/8ABDE.) 

Analytical TAC 

Zone: 

Analytical TAC 

VIIIc 
(NEP/08C.) 

Zone: 

IX and X; Union waters of CECAF 34.1.1  
(NEP/9/3411) 

Analytical TAC 

Zone: 

French Guyana waters  
(PEN/FGU.) 

Precautionary TAC 

 199 
3 115 
3 314 

3 314 

Norway lobster 
Nephrops norvegicus 
 79 
 3 
 82 

 82 

Norway lobster 
Nephrops norvegicus 
 68 
 205 
 273 

 273 

"Penaeus" shrimps 
Penaeus spp. 
(1) (2) 

To be 
established 
To be 
established 

To be 
established 

(2) (3) 

(2) (3) 

(1)  Article 6 of this Regulation applies. 
(2) 
(3) 

Fishing for shrimps Penaeus subtilis and Penaeus brasiliensis is prohibited in waters less than 30 metres deep. 
Fixed at the same quantity as determined in accordance with footnote 1. 

. 

Species: 

France 
Ireland 
United Kingdom 
Union 

Plaice 
Pleuronectes 
platessa 
 16 
 215 
 358 
 589 

TAC 

 589 

Zone: 

VI;  Union  and  international  waters of Vb; international  waters 
of XII and XIV 
(PLE/56-14) 
Precautionary TAC 

EN 

43 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Zone: 

VIIa 
(PLE/07A.) 

Analytical TAC 

Zone: 

VIIb and VIIc 
(PLE/7BC.) 

Precautionary TAC 
Article 11 of this Regulation applies. 

Zone: 

VIId and VIIe 
(PLE/7DE.)  

Analytical TAC 

Zone: 

VIIf and VIIg 
(PLE/7FG.) 

Analytical TAC 

Zone: 

VIIh, VIIj and VIIk 
(PLE/7HJK.) 

Analytical TAC 
Article 11 of this Regulation applies. 

. 

Species: 

Belgium 
France 
Ireland 
The Netherlands 
United Kingdom 
Union 

TAC 

. 

Species: 

France 
Ireland 
Union 

TAC 

. 

Species: 

Belgium 
France 
United Kingdom 
Union 

TAC 

. 

Species: 

Belgium 
France 
Ireland 
United Kingdom 
Union 

TAC 

. 

Species: 

Belgium 
France 
Ireland 
The Netherlands 
United Kingdom 
Union 

TAC 

. 

Plaice 
Pleuronectes 
platessa 
 62 
 27 
 488 
 19 
 624 
1 220 

1 220 

Plaice 
Pleuronectes platessa 
 13 
 53 
 66 

 66 

Plaice 
Pleuronectes 
platessa 
 684 
2 279 
1 216 
4 179 

4 179 

Plaice 
Pleuronectes 
platessa 
 76 
 139 
 21 
 72 
 308 

 308 

Plaice 
Pleuronectes 
platessa 

 9 
 17 
 61 
 35 
 17 
 139 

 139 

EN 

44 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Spain 
France 
Portugal 
Union 

TAC 

. 

Species: 

Spain 
France 
Ireland 
United Kingdom 
Union 

TAC 

. 

Species: 

Belgium 
Spain 
France 
Ireland 
United Kingdom 
Union 

TAC 

. 

Species: 

Spain 
France 
Union 

TAC 

. 

Species: 

Spain 
France 
Union 

TAC 

. 

Species: 

Spain 
Portugal 
Union 

Pollack 
Pollachius 
pollachius 
 214 
1 046 
1 260 

1 260 

Zone: 

VIII, IX and X; Union waters of CECAF 34.1.1 
(PLE/8/3411) 

Precautionary TAC 

Zone: 

VI; Union and international waters of Vb; international 
waters of XII and XIV 
(POL/56-14) 

Precautionary TAC 

Plaice 
Pleuronectes 
platessa 
 56 
 224 
 56 
 336 

 336 

Pollack 
Pollachius 
pollachius 
 4 
 143 
 42 
 109 
 298 

 298 

Pollack 
Pollachius pollachius 

Zone: 

VII 
(POL/07.) 

 315 
 19 
7 249 
 773 
1 765 
10 121 

10 121 

Zone: 

Precautionary TAC 
Article 11 of this Regulation applies. 

VIIIa, VIIIb, VIIId and VIIIe 
(POL/8ABDE.) 

Precautionary TAC 

Pollack 
Pollachius pollachius 

Zone: 

VIIIc 
(POL/08C.) 

 176 
 20 
 196 

 196 

Precautionary TAC 

Pollack 
Pollachius pollachius 

Zone: 

IX and X; Union waters of CECAF 34.1.1  
(POL/9/3411) 

 232 
 8 
 240 

Precautionary TAC 

EN 

45 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 240 

Saithe 
Pollachius virens 

Zone: 

VII,  VIII,  IX  and  X;  Union  waters  of  CECAF 
34.1.1  
(POK/7/3411) 

Precautionary TAC 
Article 11 of this Regulation applies 

 7 
1 599 
 800 
 436 
2 842 

2 842 

Skates and rays 
Rajiformes 

Zone: 

Union waters of IIa and IV 
(SRX/2AC4-C) 

pm 
pm 
pm 
pm 
pm 
pm 
pm 

pm 

Analytical TAC 

(1) (2)(3) 

(1) (2)(3) 

(1) (2)(3) 

(1) (2)(3) 

(1) (2)(3) 

(1) (2)(3) 

(1)(3) 

(3) 

TAC 

. 

Species: 

Belgium 
France 
Ireland 
United Kingdom 
Union 

TAC 

. 

Species: 

Belgium 
Denmark 
Germany 
France 
The Netherlands 
United Kingdom 
Union 

TAC 
(1) 

(2) 

Catches of cuckoo ray (Leucoraja naevus) (RJN/2AC4-C), thornback ray (Raja clavata) (RJC/2AC4-C), 
blonde ray (Raja brachyura) (RJH/2AC4-C), spotted ray (Raja montagui) (RJM/2AC4-C) and starry ray 
(Amblyraja radiata) (RJR/2AC4-C) shall be reported separately. 
By-catch quota. These species shall not comprise more than 25 % by live weight of the catch retained on 
board per fishing trip. This condition applies only to vessels over 15 metres' length overall. 

(3)  Does not apply to common skate (Dipturus batis). When accidentally caught, these species shall not be 
harmed.  Specimens  shall  be  promptly  released..  Fishers  shall  be  encouraged  to  develop  and  use 
techniques and equipment to facilitate the rapid and safe release of the species. 

. 

Species: 

Denmark 
Sweden 
Union 

Skates and rays 
Rajiformes 
(1) (2) 

pm 
pm 
pm 

(1) (2) 

(1)(2) 

Zone: 

Analytical TAC 

Union waters of IIIa 
(SRX/03A-C.) 

TAC 
(1) 

pm 

(2) 

Catches of cuckoo ray (Leucoraja naevus) (RJN/03A-C.), thornback ray (Raja clavata) (RJC/03A-C.), blonde ray 
(Raja brachyura) (RJH/03A-C.), spotted ray (Raja montagui) (RJM/03A-C.) and starry ray (Amblyraja radiata) 
(RJR/03A-C.) shall be reported separately. 

(2)  Does  not  apply  to  common  skate  (Dipturus  batis).  When  accidentally  caught,  this  species  shall  not  be  harmed. 
Specimens shall be promptly released.. Fishers shall be encouraged to develop and use techniques and equipment 
to facilitate the rapid and safe release of the species. 

. 

Species: 

Belgium 
Estonia 
France 
Germany 
Ireland 

EN 

Skates and 
rays 
Rajiformes 
pm 
pm 
pm 
pm 
pm 

Zone: 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

Union waters of VIa, VIb, VIIa-c and VIIe-k 
(SRX/67AKXD) 

Analytical TAC 
Article 11 of this Regulation applies. 

46 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Lithuania 
Netherlands 
Portugal 
Spain 
United Kingdom 
Union 

TAC 
(1) 

pm 
pm 
pm 
pm 
pm 
pm 

pm 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(2) 

Catches of cuckoo ray (Leucoraja naevus) (RJN/67AKXD), thornback ray (Raja clavata) (RJC/67AKXD), 
blonde ray (Raja brachyura) (RJH/67AKXD), spotted ray (Raja montagui) (RJM/ 67AKXD), small-eyed 
ray  (Raja microocellata) (RJE/67AKXD),  sandy ray  (Leucoraja  circularis)  (RJI/67AKXD)  and  shagreen 
ray (Leucoraja fullonica) (RJF/67AKXD) shall be reported separately. 

(2)  Does  not  apply  to  undulate  ray  (Raja  undulata),  common  skate  (Dipturus  batis),  Norwegian  skate  (Raja 
(Dipturus) nidarosiensis) and white skate (Rostroraja alba). When accidentally caught, these species shall 
not  be  harmed.  Specimens  shall  be  promptly  released..  Fishers  shall  be  encouraged  to  develop  and  use 
techniques and equipment to facilitate the rapid and safe release of the species. 
(3) Special condition: of which up to 5 % may be fished in Union waters of VIId (SRX/*07D.). 

. 

Species: 

Belgium 
France 
The 
Netherlands 
United 
Kingdom 
Union 

TAC 
(1) 

Skates and rays 
Rajiformes 

Zone: 

Union waters of VIId 
(SRX/07D.) 

Analytical TAC 

pm 
pm 

pm 

pm 
pm 

pm 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(2) 

Catches of Cuckoo ray (Leucoraja naevus) (RJN/07D.), thornback ray (Raja clavata) (RJC/07D.), blonde 
ray  (Raja  brachyura)  (RJH/07D.),  spotted  ray  (Raja  montagui)  (RJM/07D.)  and  starry  ray  (Amblyraja 
radiata) (RJR/07D.) shall be reported separately. 

(2)  Does  not  apply  to  common  skate  (Dipturus  batis)  and  undulate  ray  (Raja  undulata).  When  accidentally 
caught,  this  species  shall  not  be  harmed.  Specimens  shall  be  promptly  released..  Fishers  shall  be 
encouraged  to  develop  and  use  techniques  and  equipment  to  facilitate  the  rapid  and  safe  release  of  the 
species. 
Special  condition:  of  which  up  to  5 %  may  be  fished  in  Union  waters  of  VIa,  VIb,  VIIa-c  and  VIIe-k 
(SRX/*67AKD).  

(3) 

. 

Species: 

Belgium 
France 
Portugal 
Spain 
United Kingdom 
Union 

(1) (2) 

(1) (2) 

Skates and rays 
Rajiformes 
pm 
pm 
pm 
pm 
pm 
pm 

(1) (2) 

(1) (2) 

(1) (2) 

(1) (2) 

Zone: 

Union waters of VIII and IX 
(SRX/89-C.) 

Analytical TAC 

TAC 
(1) 

pm 

(2) 

Catches  of  cuckoo  ray  (Leucoraja  naevus)  (RJN/89-C.),  thornback  ray  (Raja  clavata)  (RJC/89-C.)  shall  be  reported 
separately. 

(2)  Does not apply to undulate ray (Raja undulata), common skate (Dipturus batis) and white skate (Rostroraja alba). When 
accidentally caught, this species shall not be harmed. Specimens shall be promptly released. Fishers shall be encouraged to 
develop and use techniques and equipment to facilitate the rapid and safe release of the species. 

. 

Species: 

EN 

Common sole 
Solea solea 

Zone: 

IIIa; Union waters of Subdivisions 22-32  
(SOL/3A/BCD) 

47 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
Analytical TAC 

 437 
 25 
 42 
 16 
 520 

 520 

(1) 

(1) 

(2) 

Quota may be fished in Union waters of IIIa, Subdivisions 22-32 only. 
Special condition: of which no more than 461 tonnes may be fished in IIIa. 

Denmark 
Germany 
The Netherlands 
Sweden 
Union 

TAC 
(1) 
(2) 

. 

Species: 

Ireland 
United Kingdom 
Union 

TAC 

. 

Species: 

Belgium 
France 
Ireland 
The Netherlands 
United Kingdom 
Union 

TAC 

. 

Species: 

France 
Ireland 
Union 

TAC 

. 

Species: 

Belgium 
France 
United Kingdom 
Union 

TAC 

. 

Species: 

Belgium 
France 
United Kingdom 
Union 

Common sole 
Solea solea 

Zone: 

VI;  Union  and  international  waters  of  Vb; 
international waters of XII and XIV 
(SOL/56-14) 

Precautionary TAC 

Zone: 

VIIa 
(SOL/07A.) 

Analytical TAC 

 41 
 10 
 51 

 51 

Common sole 
Solea solea 
 109 
 1 
 27 
 34 
 49 
 220 

 220 

Common sole 
Solea solea 

Zone: 

VIIb and VIIc 
(SOL/7BC.) 

Precautionary TAC 
Article 11 of this Regulation applies. 

Zone: 

VIId 
(SOL/07D.) 

Analytical TAC 

Zone: 

VIIe 
(SOL/07E.) 

Analytical TAC 

 6 
 31 
 37 

 37 

Common sole 
Solea solea 
1 427 
2 854 
1 019 
5 300 

5 300 

Common sole 
Solea solea 
 27 
 293 
 457 
 777 

(1) 

(1) 

(1) 

EN 

48 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TAC 
(1) 

 777 

In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries 
additional  allocation  within  an  overall  limit  of  an  additional  5 %  of  the  quota  allocated  to  that  Member  State, 
under the conditions set out in Article 7 of this Regulation. 

. 

Species: 

Belgium 
France 
Ireland 
United Kingdom 
Union 

TAC 

. 

Species: 

Belgium 
France 
Ireland 
The Netherlands 
United Kingdom 
Union 

TAC 

. 

Species: 

Belgium 
Spain 
France 
The Netherlands 
Union 

TAC 

. 

Species: 

Spain 
Portugal 
Union 

TAC 

. 

Species: 

Belgium 
Denmark 
Germany 
France 
The Netherlands 
United Kingdom 
Union 

Common sole 
Solea solea 

Zone: 

VIIf and VIIg 
(SOL/7FG.) 

Analytical TAC 

 663 
 66 
 33 
 298 
1 060 

1 060 

Common sole 
Solea solea 

Zone: 

VIIh, VIIj, and VIIk 
(SOL/7HJK.) 

Analytical TAC 
Article 11 of this Regulation applies. 

 30 
 60 
 162 
 48 
 60 
 360 

 360 

Common sole 
Solea solea 

Zone: 

VIIIa and VIIIb 
(SOL/8AB.) 

Analytical TAC 

 47 
 8 
3 442 
 258 
3 755 

3 755 

Sole 
Solea spp. 

Zone: 

VIIIc,  VIIId,  VIIIe,  IX  and  X;  Union  waters  of 
CECAF 34.1.1  
(SOX/8CDE34) 

Precautionary TAC 

Zone: 

VIId and VIIe 
(SPR/7DE.) 

Precautionary TAC 

 343 
 568 
 911 

 911 

Sprat 
Sprattus sprattus 

 20 
1 321 
 20 
 285 
 285 
2 135 
4 066 

EN 

49 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TAC 

. 

Species: 

Denmark 
Sweden 
Union 

TAC 

. 

Species: 

Belgium 
Denmark 
Germany 
France 
The Netherlands 
Sweden 
United Kingdom 
Union 

TAC 
(1) 

. 

Species: 

Belgium 
Germany 
Spain 
France 
Ireland 
The Netherlands 
Portugal 
United Kingdom 
Union 

TAC 
(1) 

Zone: 

Analytical TAC 

Union waters of IIIa 
(DGS/03A-C.) 

Zone: 

Union waters of IIa and IV 
(DGS/2AC4-C) 

Analytical TAC 

4 066 

Spurdog/dogfish 
Squalus acanthias 
pm 
pm 
pm 

pm 

(1) 

Spurdog/dogfish 
Squalus acanthias 
(1) 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

pm 

[Catches taken with longlines of tope shark (Galeorhinus galeus), kitefin shark (Dalatias licha), bird beak dogfish 
(Deania  calcea),  leafscale  gulper  shark  (Centrophorus  squamosus),  greater  lanternshark  (Etmopterus  princeps), 
smooth lanternshark (Etmopterus pusillus), Portuguese dogfish (Centroscymnus coelolepis) and spurdog (Squalus 
acanthias)  are  included.  When  accidentally  caught,  these  species  shall  not  be  harmed.  Specimens  shall  be 
promptly released.] 

Spurdog/dogfish 
Squalus acanthias 

Zone: 

Union  and  international  waters  of  I,  V,  VI,  VII, 
VIII, XII and XIV  
(DGS/15X14) 

Analytical TAC 
Article 11 of this Regulation applies. 

pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

pm 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

[Catches taken with longlines of tope shark (Galeorhinus galeus), kitefin shark (Dalatias licha), bird beak dogfish 
(Deania  calcea),  leafscale  gulper  shark  (Centrophorus  squamosus),  greater  lanternshark  (Etmopterus  princeps), 
smooth lanternshark (Etmopterus pusillus), Portuguese dogfish (Centroscymnus coelolepis) and spurdog (Squalus 
acanthias)  are  included.  When  accidentally  caught,  these  species  shall  not  be  harmed.  Specimens  shall  be 
promptly released.] 

. 

Species: 

Spain 
France 

Portugal 

EN 

Horse mackerel 

Zone: 

Trachurus spp. 

VIIIc 
(JAX/08C.) 

Analytical TAC 

(1) (2) 

(1) 

(1) (2) 

pm 
pm 

pm 

50 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Union 

pm 

pm 

TAC 
(1)  Of  which,  notwithstanding  Article 19  of  Regulation  (EC)  No  850/981,  no  more  than  5 %  may  consist  of  horse 
mackerel  between  12  and  14  cm.  For  the  purposes  of  the  control  of  this  quantity,  the  conversion  factor  to  be 
applied to the weight of the landings shall be 1,20. 
Special condition: up to 5 % of this quota may be fished in zone IX. However, the use of this special condition 
must be notified in advance to the Commission (JAX/*09.).  

(2) 

. 

Species: 

Spain 
Portugal 
Union 

Horse mackerel 
Trachurus spp. 
pm 
pm 
pm 

(1) (2) 

(1) (2) 

Zone: 

IX 
(JAX/09.) 

Analytical TAC 

pm 

TAC 
(1)  Of  which,  notwithstanding  Article 19  of  Regulation  (EC)  No  850/98,  no  more  than  5 %  may  consist  of  horse 
mackerel  between  12  and  14  cm.  For  the  purposes  of  the  control  of  this  quantity,  the  conversion  factor  to  be 
applied to the weight of the landings shall be 1,20. 
Special condition: up to 5 % of this quota may be fished in zone VIIIc. However, the use of this special condition 
must be notified in advance to the Commission (JAX/*08C). 

(2) 

. 

Species: 

Portugal 

Union 

TAC 

Horse mackerel 
Trachurus spp. 
To be 
established 
To be 
established 

To be 
established 

(2)(3) 

(4) 

(4) 

Zone: 

X; Union waters of CECAF(1)  
(JAX/X34PRT) 

Precautionary TAC 

(1)  Waters adjacent to the Azores. 
(2) 

Of  which,  notwithstanding  Article 19  of  Regulation  (EC)  No  850/98,  no  more  than  5 %  may  consist  of  horse 
mackerel  between  12  and  14  cm.  For  the  purposes  of  the  control  of  this  quantity,  the  conversion  factor  to  be 
applied to the weight of the landings shall be 1,20. 
Article 6 of this Regulation applies. 
Fixed at the same quantity as determined in accordance with footnote 3. 

(3) 
(4) 

. 

Species: 

Portugal 
Union 

Horse mackerel 
Trachurus spp. 

To be established 
To be established 

TAC 
(1)  Waters adjacent to Madeira. 
(2) 

To be established 

Zone: 

Union waters of CECAF (1) 
(JAX/341PRT) 

Precautionary TAC 

(2)(3) 

(4) 

(4) 

Of  which,  notwithstanding  Article 19  of  Regulation  (EC)  No  850/98,  no  more  than  5 %  may  consist  of  horse 
mackerel  between  12  and  14  cm.  For  the  purposes  of  the  control  of  this  quantity,  the  conversion  factor  to  be 
applied to the weight of the landings shall be 1,20. 
Article 6 of this Regulation applies. 
Fixed at the same quantity as determined in accordance with footnote 3. 

(3) 
(4) 

. 

1 

EN 

Council  Regulation  (EC)  No  850/98  of  30  March  1998  for  the  conservation  of  fishery  resources  through 
technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1). 

51 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Species: 

Spain 
Union 

Horse mackerel 
Trachurus spp. 

To be established 
To be established 

Zone: 

Union waters of CECAF(1) 
(JAX/341SPN) 

Precautionary TAC 

(2) 

(3) 

(3) 

To be established 

TAC 
(1)  Waters adjacent to the Canary Islands. 
(2) 
(3) 

Article 6 of this Regulation applies. 
Fixed at the same quantity as determined in accordance with footnote 2. 

EN 

52 

   EN 

 
 
 
 
 
 
ANNEX IIA 

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF 
COD STOCKS IN THE KATTEGAT, ICES DIVISIONS VIIa, AND VIa, AND 
UNION WATERS OF ICES DIVISION Vb 

1. 

SCOPE 

1.1. 

1.2. 

This Annex shall apply to Union vessels carrying on board or deploying any of the gears 
referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and present in any of 
the geographical areas referred to in point 2 of this Annex. 

This Annex shall not apply to vessels of less than 10 metres' length overall. Those vessels 
shall not be required to carry special fishing permits issued in accordance with Article 7 of 
Regulation  (EC)  No 1627/94.  Member  States  concerned  shall  assess  the  fishing  effort  of 
those vessels by effort groups to which they belong, using appropriate sampling methods. 
During 2012,  the  Commission  shall  seek  scientific  advice  for  evaluating  the  effort 
deployment of those vessels, with a view to their future inclusion into the effort regime. 

2. 

REGULATED GEARS AND GEOGRAPHICAL AREAS 

For the purposes of this Annex, the gear groupings referred to in point 1 of Annex I to Regulation 
(EC) No 1342/2008 and the groupings of geographical areas referred to in points 2(a), 2(c) and 2(d) 
of that Annex shall apply. 

3. 

AUTHORISATIONS 

If a Member State deems so appropriate in order to reinforce the sustainable implementation of this 
effort regime, it may introduce a prohibition to fish with a regulated gear in any of the geographical 
areas to which this Annex applies by any of its vessels which has no record of such fishing activity, 
unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in that 
area. 

4. 

MAXIMUM ALLOWABLE FISHING EFFORT 

4.1. 

The  maximum  allowable  effort  referred  to  in  Article 12(1)  of  Regulation  (EC) 
No 1342/2008 for the 2012 management period, from 1 February 2012 to 31 January 2013, 
for each of the effort groups of each Member State is set out in Appendix 1 to this Annex. 

4.2. 

The  maximum  levels  of  annual  fishing  effort  set  in  accordance  with  Regulation  (EC) 
No 1954/20031 shall not affect the maximum allowable fishing effort set in this Annex. 

5. 

MANAGEMENT 

5.1. 

Member  States  shall  manage  the  maximum  allowable  effort  in  accordance  with  the 
conditions laid down in Article 4 and Articles 13 to 17 of Regulation (EC) No 1342/2008 
and Articles 26 to 35 of Regulation (EC) No 1224/2009. 

1 

Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating 
to certain Community fishing areas and resources (OJ L 289, 7.11.2003, p. 1). 

EN 

53 

   EN 

 
                                                 
5.2. 

5.3. 

A  Member State  may  establish  management  periods  for  allocating  all  or  parts  of  the 
maximum  allowable  effort  to  individual  vessels  or  groups  of  vessels.  In  such  case,  the 
number  of  days  or  hours  for  which  a  vessel  may  be  present  within  the  area  during  a 
management period shall be fixed at the discretion of the Member State concerned. During 
any such management periods, the Member State may reallocate effort between individual 
vessels or groups of vessels. 

If a Member State authorises vessels to be present within an area by hours, it shall continue 
measuring  the  consumption  of  days  in  accordance  with  the  conditions  referred  to  in 
point 5.1..  Upon  request  by  the  Commission,  the  Member State  shall  demonstrate  its 
precautionary measures taken to avoid an excessive consumption of effort within the area 
due to a vessel terminating presences in the area before the end of a 24-hour period. 

6. 

FISHING EFFORT REPORT 

Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this 
Annex. The geographical area referred to in that Article shall be understood, for the purpose of cod 
management, as each of the geographical areas referred to in point 2 of this Annex. 

7. 

COMMUNICATION OF RELEVANT DATA 

7.1.  Without prejudice to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States 
shall  transmit  to  the  Commission,  on  its  request,  the  data  on  fishing  effort  deployed  by 
their  fishing  vessels  in  the  previous  month  and  the  months  before,  using  the  reporting 
format set out in Appendix 2. 

7.2. 

to 

The  data  shall  be  sent 
the  appropriate  electronic  mailbox  address,  which 
the Commission  shall  communicate  to  the  Member  States.  When  a  data  transfer  to  the 
Fisheries Data Exchange System (or any future data system decided by the Commission) 
will become operational, the Member State shall transmit the data to the system before the 
fifteenth  of  each  month,  referring  to  the  effort  deployed  up  to  the  end  of  the  previous 
month. The Commission shall notify Member States the date at which the system shall be 
used for transmission at least two months in advance of the first due date. The first fishing 
effort  declaration  that  will  be  sent  to  the  system  shall  include  the  effort  deployed 
since 1 February 2012. Member States shall transmit to the Commission, on its request, the 
data on fishing effort deployed by their fishing vessels during the month of January 2012. 

EN 

54 

   EN 

 
Appendix 1 to Annex IIA 

Maximum allowable fishing effort in kilowatt days 

Geographical area: 

Regulated gear 

(a) Kattegat 

TR1 
TR2 
TR3 
BT1 
BT2 
GN 
GT 
LL 

DK 
197 929
830 041
441 872
0
0
115 456
22 645
1 100

DE 

SE 

4 212 
5 240 
0 
0 
0 
26 534 
0 
0 

16 610 
327 506 
490 
0 
0 
13 102 
22 060 
25 339 

Geographical area 

Regulated gear 

BE 

FR 

IE 

NL 

UK 

(c) ICES division 

VIIa 

TR1 

TR2 

TR3 

BT1 

BT2 

GN 

GT 

LL 

0 

48 193 

33 539 

10 166 

744 

438 035 

0 

0 

0 

0 

339 592 

1 088 238 

0 

0 

1 422 

0 

0 

0 

0 

514 584 

200 000 

111 693 

471 

18 255 

0 

0 

0 

0 

0 

0 

0 

5 970 

158 

70 614 

0 

0 

843 782 

0 

0 

0 

Geographical area 

Regulated gear 

BE 

DE 

ES 

FR 

IE 

UK 

(d) ICES division VIa and 

Union waters of ICES 

division Vb 

TR1 

TR2 

TR3 

BT1 

BT2 

GN 

GT 

LL 

0 

0 

0 

0 

0 

0 

0 

0 

6 272 

0 

0 

0 

0 

0 

0 

0 

0 

0 

35 442 

13 836 

150 198 

0 

0 

0 

0 

1 402 142 

163 130 

1 485 589 

473 011 

1 033 273 

34 926 

14 371 

2 972 845 

0 

0 

0 

273 

0 

3 801 

5 697 

1 953 

4 250 

16 027 

117 544 

4 626 

213 454 

145 

630 040 

EN 

55 

   EN 

 
 
 
Appendix 2 to Annex IIA 

Table I 
Reporting format 
Area  Year  Month 

Cumulative declaration 

Member 
State 

Gear 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Name of field  Maximum number 
of characters/digits 
3 

(1) Member 
State 

(2) Gear 

3 

(3) Area 

(4) Year 

(5) Month 

8 

4 

2 

(6) Cumulative 
declaration 

13 

Table II 
Data format 

Alignment1 
L(eft)/R(ight) 

— 

— 

L 

— 

— 

R 

Definition and comments 

Member State (Alpha-3 ISO 
code) in which the vessel is 
registered 
One of the following gear 
types 
TR1 
TR2 
TR3 
BT1 
BT2 
GN 
GT 
LL 
One of the following areas 
03AS 
07A 
06A 
The year of the month for 
which the declaration 
is done 
Month for which the fishing 
effort declaration is done 
(expressed by two digits 
between 01 and 12) 
Cumulative amount of 
fishing effort expressed in 
kilowatt days 
from 1 January of the 
year (4) until the end of the 
month (5) 

1 

Information relevant for transmission of data by fixed-length formatting. 

EN 

56 

   EN 

 
 
 
                                                 
ANNEX IIB 

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF 
THE RECOVERY OF CERTAIN SOUTHERN HAKE 
AND NORWAY LOBSTER STOCKS 
IN ICES DIVISIONS VIIIc AND IXa EXCLUDING THE GULF OF CADIZ 

CHAPTER I 
GENERAL PROVISIONS 

1. 

SCOPE 

This Annex shall apply to Union vessels of 10 metres' length overall or more carrying on board or 
deploying  trawls,  Danish  seines  or  similar  gears  of  mesh  size  equal  to  or  larger  than  32 mm  and 
gill-nets  of  mesh  size  equal  to  or  larger  than  60 mm  or  bottom  longlines,  and  present  in  ICES 
divisions VIIIc and IXa excluding the Gulf of Cadiz. 

2. 

DEFINITIONS 

For the purposes of this Annex: 

(a) 

(b) 

(c) 

(d) 

(e) 

3. 

'gear grouping' means the grouping of trawls, Danish seines or similar gears of mesh size 
equal to or larger than 32 mm and gill-nets of mesh size equal to or larger than 60 mm and 
bottom longlines; 

'regulated gear' means any of the two gear categories belonging to the gear grouping; 

'area' means ICES divisions VIIIc and IXa excluding the Gulf of Cadiz; 

'2012 management period' means the period from 1 February 2012 to 31 January 2013; 

'special conditions' means the special conditions set out in point 6.1. . 

LIMITATION IN ACTIVITY 

Without  prejudice  to  Article  29  of  Regulation  (EC)  No  1224/2009,  each  Member State 
shall ensure that, when carrying on board any regulated gear, Union vessels flying its flag 
shall be present within the area for no more than the number of days specified in Chapter 
III of this Annex. 

CHAPTER II 
AUTHORISATIONS 

4. 

AUTHORISED VESSELS  

4.1. 

A Member State shall not authorise fishing with a regulated gear in the area by any of its 
vessels which have no record of such fishing activity in the years 2002 to 2011 in the area, 
excluding  the  record  of  fishing  activities  as  a  result  of  transfer  of  days  between  fishing 
vessels, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from 
fishing in the area. 

EN 

57 

   EN 

 
 
4.2. 

A  vessel  flying  the  flag  of  a  Member State  having  no  quotas  in  the  area  shall  not  be 
authorised to fish in the area with a regulated gear, unless the vessel is allocated a quota 
after  a  transfer  as  permitted  in  accordance  with  Article 20(5)  of  Regulation  (EC) 
No 2371/2002 and is allocated days at sea in accordance with point 11 or 12 of this Annex.  

CHAPTER III 
NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO UNION VESSELS 

5. 

MAXIMUM NUMBER OF DAYS 

5.1. 

5.2. 

During  the  2012  management  period,  the  maximum  number  of  days  at  sea  for  which  a 
Member State  may  authorise  a  vessel  flying  its  flag  to  be  present  within  the  area  having 
carried on board any regulated gear is shown in Table I. 

to  demonstrate 

If  a  vessel is  able 
than 
3% of the total live weight of fish caught in a given fishing trip, the flag Member State of 
the  vessel  shall  be  allowed  not  to  count  the  days  at  sea  associated  with  that  fishing 
trip against the applicable maximum number of days at sea as set out in Table I. 

that its  hake  catches 

represent 

less 

6. 

SPECIAL CONDITIONS FOR THE ALLOCATION OF DAYS 

6.1. 

For  the  purposes  of  fixing  the  maximum  number  of  days  at  sea  an  Union  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 2009 or 2010 made by the vessel must represent 
less than 5 tonnes according to the landings in live weight; and 

the  total  landings  of  Norway  lobster  in  the  year  2009  or  2010  made  by  the  vessel 
must represent less than 2,5 tonnes according to the landings in live weight. 

6.2. 

If a vessel has received an unlimited number of days resulting from compliance with the 
special conditions, the vessel's landings in the 2012 management period shall not exceed 5 
tonnes of the total landings in live weight of hake and 2,5 tonnes of the total landings in 
live weight of Norway lobster. 

6.3.  When  either  of  the  special  conditions  is  not  met  by  a  vessel,  that  vessel  shall  with 
immediate effect no longer be entitled to the allocation of days corresponding to the given 
special condition. 

6.4. 

The application of the special conditions referred to in point 6.1. might be transferred from 
one vessel to one or more other vessels which replace that vessel in the fleet, provided that 
the  replacing  vessel  uses  similar  gear  and  does  not  have  in  any  year  of  its  operation  a 
record  of  landings  of  hake  and  Norway  lobster  higher  than  the  quantities  specified  in 
point 6.1. 

Table I 
Maximum number of days a vessel may be present within the area by fishing gear per year 
Maximum number of days 

Regulated gear 

Special 
condition 

Bottom trawls, Danish seines and similar 
trawls of mesh size ≥32 mm, gill-nets of 
mesh size ≥60 mm and bottom longlines 

ES 

FR 

PT 

142 

128 

155 

EN 

58 

   EN 

 
 
5.2.(a) 
and 5.2.(b) 

Bottom trawls, Danish seines and similar 
trawls of mesh size ≥32 mm, gill-nets of 
mesh size ≥60 mm and bottom longlines 

Unlimited 

7. 

KILOWATT DAY SYSTEM 

7.1. 

7.2. 

A  Member State  may  manage  its  fishing  effort  allocations  in  accordance  with  a  kilowatt 
days system. By that system it may authorise any vessel concerned for any regulated gear 
and special conditions as set out in Table I to be present within the area for a maximum 
number of days which is different from that set out in that Table, provided that the overall 
amount of kilowatt days corresponding to the regulated gear and to the special conditions 
is respected. 

This  overall  amount  of  kilowatt  days  shall  be  the  sum  of  all  individual  fishing  efforts 
allocated to the vessels flying the flag of that Member State and qualified for the regulated 
gear and, where applicable, the special conditions. Such individual fishing efforts shall be 
calculated in kilowatt days by multiplying the engine power of each vessel by the number 
of days at sea it would benefit from, according to Table I, if point 7. 1. were not applied. 
For as long as the number of days is unlimited according to Table I, the relevant number of 
days the vessel would benefit from is 360. 

7.3. 

A Member State wishing to benefit from the system referred to in point 7.1. shall submit a 
request  to  the Commission  with  reports  in  electronic  format  containing  for  the  gear 
grouping  and  special  conditions  as  laid  down  in  Table  I  the  details  of  the  calculation 
based on: 

(a) 

(b) 

(c) 

list  of  vessels  authorised  to  fish  by  indicating  their  Union  fishing  fleet  register 
number (CFR) and their engine power, 

track  record  of  2009  and  2010  for  such  vessels  reflecting  the  catch  composition 
defined in the special conditions referred to in point 6.1.(a) or (b), if these vessels are 
qualified for such special conditions, 

the number of days at sea for which each vessel would have initially been authorised 
to fish according to Table I and the number of days at sea which each vessel would 
benefit from in application of point 7.1. 

On  the  basis  of  that  description,  the  Commission  may  authorise  that  Member State  to 
benefit from the system referred to in point 7.1. 

ALLOCATION  OF  ADDITIONAL  DAYS  FOR  PERMANENT  CESSATION  OF 
FISHING ACTIVITIES 

An  additional  number  of  days  at  sea  on  which  a  vessel  may  be  authorised  by  its  flag 
Member State to be present within the area when carrying on board any regulated gear may 
be allocated to Member States by the Commission on the basis of permanent cessations of 
fishing  activities  that  have  taken  place  between  1 February  2011  and  31  January  2012 

7.4. 

8. 

8.1. 

EN 

59 

   EN 

 
 
either in accordance with Article 23 of Regulation (EC) No 1198/20061 or Regulation (EC) 
No 744/20082.  Permanent  cessations  resulting  from  any  other  circumstances  may  be 
considered  by  the  Commission  on  a  case-by-case  basis,  following  a  written  and  duly 
motivated request from the Member State concerned. This written request shall identify the 
vessels  concerned  and  confirm,  for  each  of  them,  that  they  shall  never  return  to  fishing 
activities. 

The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using a 
given gear grouping shall be divided by the effort expended by all vessels using that gear 
grouping  during  2003.  The  additional  number  of  days  at  sea  shall  be  then  calculated  by 
multiplying  the  ratio  so  obtained  by  the  number  of  days  that  would  have  been  allocated 
according to Table I. Any part of a day resulting from this calculation shall be rounded to 
the nearest whole day. 

Points  8.1  and  8.2.  shall  not  apply  where  a  vessel  has  been  replaced  in  accordance  with 
point 3 or 6.4., or when the withdrawal has already been used in previous years to obtain 
additional days at sea. 

Member States wishing to benefit from the allocations referred to in point 8.1. shall submit 
a  request  to  the  Commission,  by  15  June  at  the  latest,  with  reports  in  electronic  format 
containing, for the gear grouping and special conditions as laid down in Table I, the details 
of the calculation based on: 

(a) 

(b) 

lists of withdrawn vessels with their Union fishing fleet register number (CFR) and 
their engine power, 

the  fishing  activity  deployed  by  such  vessels  in  2003  calculated  in  days  at  sea 
according to the grouping of fishing gears and, if necessary, special conditions. 

On the basis of such a request the Commission may amend the number of days defined in 
point 5.1.  for  that  Member State  in  accordance  with  the  procedure  referred  to  in 
Article 30(2) of Regulation (EC) No 2371/2002. 

During  the  2012  management  period,  a  Member State  may  re-allocate  those  additional 
days  at  sea  to  all  or  part  of  the  vessels  remaining  in  fleet  and  qualified  for  the  regulated 
gears.  Additional  days  stemming  from  a  withdrawn  vessel  that  benefited  from  a  special 
condition  referred  to  in  point  6.1.(a)  or (b)  may  not  be  allocated  to  a  vessel  remaining 
active that does not benefit from a special condition. 

8.2. 

8.3. 

8.4. 

8.5. 

8.6. 

8.7.  When  the  Commission  allocates  additional  days  at  sea  due  to  a  permanent  cessation  of 
fishing activities during the 2012 management period,  the  maximum  number of  days per 
Member  State  and  gear  shown  in  Table  I  shall  be  adjusted  accordingly  for  the  2013 
management period. 

9. 

1 

2 

ALLOCATION OF ADDITIONAL DAYS FOR ENHANCED SCIENTIFIC OBSERVER 
COVERAGE 

Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (OJ L 223, 15.8.2006, 
p. 1). 
Council  Regulation  (EC)  No  744/2008  of  24  July  2008  instituting  a  temporary  specific  action  aiming  to 
promote the restructuring of the European Community fishing fleets affected by the economic crisis (OJ L 202, 
31.7.2008, p. 1). 

EN 

60 

   EN 

 
                                                 
9.1. 

9.2. 

9.3. 

9.4. 

9.5. 

Three  additional  days  on  which  a  vessel  may  be  present  within  the  area  when  carrying 
onboard any regulated gear may be allocated to Member States by the Commission on the 
basis  of  an  enhanced  programme  of  scientific  observer  coverage  in  partnership  between 
scientists and the fishing industry. Such a programme shall focus in particular on levels of 
discarding and on catch composition and go beyond the requirements on data collection, as 
laid  down  in  Council  Regulation  (EC)  No 199/2008  of  25 February  2008  concerning  the 
establishment of a Community framework for the collection, management and use of data 
in  the  fisheries  sector  and  support  for  scientific  advice  regarding  the  Common  Fisheries 
Policy1 and its implementing rules for national programmes. 

Scientific observers shall be independent from the owner, the master of the vessel and any 
crew member. 

Member States wishing to benefit from the allocations referred to in point 9.1. shall submit 
a description of their enhanced scientific observer coverage programme to the Commission 
for approval. 

On the basis of that description, and after consultation with STECF, the Commission may 
amend the number of days defined in point 5.1. for that Member State and for the vessels, 
the  area  and  gear  concerned  by  the  enhanced  programme  of  scientific  observers  in 
accordance  with  the  procedure  referred  to  in  Article 30(2)  of  Regulation  (EC) 
No 2371/2002. 

If an enhanced scientific observer coverage programme submitted by a Member State has 
been approved by the Commission in the past and the Member State wishes to continue its 
application  without  changes,  the  Member State  shall  inform  the  Commission  of  the 
continuation of that programme four weeks before the beginning of the period for which 
the programme applies. 

10. 

GENERAL OBLIGATION 

CHAPTER IV 
MANAGEMENT 

Member States shall manage the maximum allowable effort in accordance with the conditions laid 
down  in  Article 8  of  Regulation  (EC)  No 2166/2005  and  Articles 26  to 35  of  Regulation  (EC) 
No 1224/2009. 

11. 

MANAGEMENT PERIODS 

11.1.  A  Member State  may  divide  the  days  present  within  the  area  given  in  Table  I  into 

management periods of durations of one or more calendar months. 

11.2. 

The number of days or hours for which a vessel may be present within the area during a 
management period shall be fixed by the Member State concerned. 

11.3.  Where  a  Member State  authorises  vessels  to  be  present  within  the  area  by  hours,  the 
Member State shall continue measuring the consumption of days as specified in point 10. 
Upon  request  by  the  Commission,  the  Member State  shall  demonstrate  its  precautionary 

1 

OJ L 60, 5.3.2008, p. 1. 

EN 

61 

   EN 

 
                                                 
measures taken to avoid an excessive consumption of days within the area due to a vessel 
terminating presences in the area before the end of a 24-hour period. 

CHAPTER V 
EXCHANGES OF FISHING EFFORT ALLOCATIONS 

12. 

TRANSFER  OF  DAYS  BETWEEN  FISHING  VESSELS  FLYING  THE  FLAG  OF  A 
MEMBER STATE 

12.1.  A  Member State  may  permit  any  fishing  vessel  flying  its  flag  to  transfer  days  present 
within the area for which it has been authorised to another vessel flying its flag within the 
area,  provided  that  the  product  of  the  days  received  by  a  vessel  multiplied  by  its  engine 
power  in  kilowatts  (kilowatt  days)  is  equal  to  or  less  than  the  product  of  the  days 
transferred by the donor vessel and the engine power in kilowatts of that vessel. The engine 
power in kilowatts of the vessels shall be that recorded for each vessel in the Union fishing 
fleet register. 

12.2. 

12.3. 

12.4. 

The total  number of days  present within the area transferred under point 12.1.  multiplied 
by  the  engine  power  in  kilowatts  of  the  donor  vessel  shall  not  be  higher  than  the  donor 
vessel’s average annual days track record in the area as verified by the fishing logbook in 
the years 2009 and 2010 multiplied by the engine power in kilowatts of that vessel. 

The  transfer  of  days  as  described  in  point 12.1.  shall  be  permitted  only  between  vessels 
operating with any regulated gear and during the same management period. 

Transfer of days is only permitted for vessels benefiting from an allocation of fishing days 
without special conditions. 

12.5.  On  request  from  the  Commission,  Member  States  shall  provide  information  on  the 
transfers that have taken place. Formats of spreadsheet for the collection and transmission 
of information referred to in this point may be adopted in accordance with the procedure 
referred to in Article 30(2) of Regulation (EC) No 2371/2002. 

13. 

TRANSFER  OF  DAYS  BETWEEN  FISHING  VESSELS  FLYING  THE  FLAG  OF 
DIFFERENT MEMBER STATES 

Member States may permit transfer of days present within the area for the same management period 
and  within  the  area  between  any  fishing  vessels  flying  their  flags  provided  that  points 3.1.,  3.2., 
and 12 apply mutatis mutandis. Where Member States decide to authorise such a transfer, they shall 
notify  the  Commission,  before  the  transfer  takes  place,  the  details  of  the  transfer,  including  the 
number of days, the fishing effort and, where applicable, the fishing quotas relating thereto. 

CHAPTER VI 
REPORTING OBLIGATIONS 

14. 

FISHING EFFORT REPORT 

Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this 
Annex. The geographical area referred to in that Article shall be understood as the area defined in 
point 2 of this Annex. 

15. 

COLLECTION OF RELEVANT DATA 

EN 

62 

   EN 

 
Member States, on the basis of information used for the management of fishing days present within 
the area as set out in this Annex, shall collect on a quarterly basis the information about total fishing 
effort  deployed  within  the  area  for  towed  gears  and  static  gears,  effort deployed  by  vessels  using 
different types of gear in the area, and the engine power of those vessels in kilowatt days. 

16. 

COMMUNICATION OF RELEVANT DATA 

Upon  request  from  the  Commission,  Member  States  shall  make  available  to  the  Commission  a 
spreadsheet  with  the  data  referred  to  in  point 15  in  the  format  specified  in  Tables  II  and III  by 
sending  it  to  the  appropriate  electronic  mailbox  address,  which  shall  be  communicated  to  the 
Member States by the Commission. Member States shall, upon the Commission's request, send to 
the  Commission  detailed  information  on  effort  allocated  and  consumed  covering  all  or  parts  of 
the 2011 and 2012 management periods, using the data format specified in Tables IV and V. 

Table II 

Reporting format kW-day information by year 

Member 

Gear 

Year 

Cumulative effort declaration 

State 

(1) 

(2) 

(3) 

(4) 

Name of field 

Table III 

Data format kW-day information by year 

Maximum 

number of 

characters/digits 

Alignment1 

L(eft)/R(ight) 

(1) Member State 

3 

(2) Gear 

2 

(3) Year 

4 

Definition and comments 

Member State (Alpha-3 

ISO code) in which the 

vessel is registered 

One of the following gear 

types: 

TR = trawls, Danish seines 

and similar gear ≥ 32 mm 

GN = gillnets ≥ 60 mm 

LL = bottom longlines 

Either 2006 or 2007 

or 2008 or 2009 or 2010 

or 2011 or 2012 

1 

Information relevant for transmission of data by fixed-length formatting. 

EN 

63 

   EN 

 
 
 
 
 
                                                 
(4) Cumulative effort 

7 

R 

declaration 

Cumulative amount of 

fishing effort expressed in 

kilowatt days deployed 

from 1 January 

until 31 December of 

the year 

EN 

64 

   EN 

 
Table IV 

Reporting format for vessel-related information 

Gear notified 

Special condition applying 

Days eligible using 

Days spent with notified 

to notified gear(s) 

notified gear(s) 

gear(s) 

e
t
a
t
S
r
e
b
m
e
M

R
F
C

l
a
n
r
e
t
x
E

g
n
i
k
r
a
m

d

i

f
o

h
t
g
n
e
L

t
n
e
m
e
g
a
n
a
m

(1) 

(2) 

(3) 

(4) 

No 1 

No 2 

No 3 

… 

No 1 

No 2 

No 3 

… 

No 1 

No 2 

No 3  … 

No 1 

No 2 

No 3  … 

s
y
a
d

f
o
r
e
f
s
n
a
r
T

(9) 

(5) 

(5) 

(5) 

(5) 

(6) 

(6) 

(6) 

(6) 

(7) 

(7) 

(7) 

(7) 

(8) 

(8) 

(8) 

(8) 

Table V 

Data format for Union vessel-related information 

Name of field 

Maximum 

Alignment1 

Definition and comments 

number of 

L(eft)/R(ight) 

characters/digits 

(1) Member 

3 

State 

(2) CFR 

12 

(3) External 

14 

L 

marking 

Member State (Alpha-3 ISO 

code) in which vessel is 

registered 

Union fishing fleet register 

number 

Unique identification number 

of a fishing vessel 

Member State (Alpha-3 ISO 

code) followed by an 

identifying series (9 

characters). Where a series has 

fewer than 9 characters, 

additional zeros must be 

inserted on the left hand side 

Under Regulation (EEC) 
No 1381/872 

1 
2 

Information relevant for transmission of data by fixed-length formatting. 
Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking 
and documentation of fishing vessels (OJ L 132, 21.5.1987, p. 9). 

EN 

65 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Table V 

Data format for Union vessel-related information 

(4) Length of 

2 

management 

period 

(5) Gears 

2 

notified 

(6) Special 

2 

condition 

applying to 

notified gear(s) 

(7) Days 

3 

eligible using 

notified gear(s) 

(8) Days spent 

3 

with notified 

gear(s) 

L 

L 

L 

L 

L 

Length of the management 

period measured in months 

One of the following gear types 

TR = trawls, Danish seines and 

similar gear ≥ 32 mm 

GN = gillnets ≥ 60 mm 

LL = bottom longlines 

Indication of which, if any, of 

the special condition referred to 

in point 6.1.(a) or (b) of 

Annex IIB that apply 

Number of days for which the 

vessel is eligible under 

Annex IIB for the choice of 

gears and length of 

management period notified 

Number of days the vessel 

actually spent present within 

the area and using a gear 

corresponding to gear notified 

during the notified 

management period 

(9) Transfers of 

4 

L 

For days transferred indicate '– 

days 

number of days transferred' and 

for days received indicate 

'+ number of days transferred'  

EN 

66 

   EN 

 
 
ANNEX IIC 

FISHING EFFORT FOR VESSELS IN THE CONTEXT 
OF THE MANAGEMENT OF WESTERN CHANNEL 
SOLE STOCKS IN ICES DIVISION VIIe 

CHAPTER I 
GENERAL PROVISIONS 

1. 

SCOPE 

1.1. 

1.2. 

This Annex shall apply to Union vessels of 10 metres length overall or more carrying 
on  board  or  deploying  any  of  the  gears  referred  to  in  point  2,  and  present  in  ICES 
division VIIe. For the purposes of this Annex, a reference to the 2012 management 
period means the period from 1 February 2012 to 31 January 2013. 

Vessels fishing with static  nets with  mesh size  equal  to or larger than 120 mm and 
with  track  records  of  less  than  300 kg  live  weight  of  sole  according  to  the  fishing 
logbook in 2004 shall be exempt from this Annex on condition that: 

(a) 

such  vessels  catch  less  than  300 kg  live  weight  of  sole  during  the  2012 
management period; 

(b) 

such vessels do not tranship any fish at sea to another vessel; and 

(c) 

each  Member State  concerned  make  a 
the  Commission 
by 31 July 2012 and 31 January 2013 on these vessels' track records for sole in 
2004 and catches of sole in 2012. 

report 

to 

When  either  of  these  conditions  is  not  met,  the  vessels  concerned  shall  with 
immediate effect cease to be exempt from this Annex. 

2. 

FISHING GEAR 

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

(a) 

(b) 

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

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

3. 

LIMITATIONS IN ACTIVITY 

Each Member State shall ensure that, when carrying on board any of the groupings of fishing 
gears referred to in point 2, fishing vessels flying its flag and registered in the Union shall be 
present within the area for no more than the number of days set out in Chapter III. 

CHAPTER II 
AUTHORISATIONS 

4. 

AUTHORISED VESSELS 

EN 

67 

   EN 

 
4.1. 

4.2. 

4.3. 

4.4. 

Vessels using gear types identified in point 2 and fishing in areas defined in point 1 
shall hold a special fishing permit issued in accordance with Article 7 of Regulation 
(EC) No 1627/94. 

A  Member State  shall  not  permit  fishing  with  a  gear  belonging  to  a  grouping  of 
fishing  gears  referred  to  in  point 2  in  the  area  by  any  of  its  vessels  which  have  no 
record of such fishing activity in the years 2002 to 2011 in that area unless it ensures 
that  equivalent  capacity,  measured  in  kilowatts,  is  prevented  from  fishing  in  the 
regulated area. 

However,  a  vessel  with  a  track  record  of  using  a  gear  belonging  to  a  grouping  of 
fishing gears referred to in point 2 may be authorised to use a different fishing gear, 
provided that the number of days allocated to this latter gear is greater than or equal 
to the number of days allocated to the first gear. 

A vessel flying the flag of a Member State having no quotas in the area  defined in 
point 1 shall not be permitted to fish in that area with a gear belonging to a grouping 
of  fishing  gear  referred  to  in  point 2,  unless  the  vessel  is  allocated  a  quota  after  a 
transfer  as  permitted  in  accordance  with  the  Article 20(5)  of  Regulation  (EC) 
No 2371/2002 and is allocated days at sea in accordance with point 10 or 11 of this 
Annex. 

CHAPTER III 
NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO UNION 
VESSELS 

5. 

MAXIMUM NUMBER OF DAYS 

During the 2012 management period, the maximum number of days at sea for which 
a  Member State  may  authorise  a  vessel  flying its  flag  to  be  present  within  the  area 
having carried on board and used any one of the fishing gears referred to in point 2 is 
shown in Table I. 

Table I 

Maximum number of days a vessel may be present within the area by gear grouping 

Gear 

point 2 

2(a) 

2(b) 

per year 

Denomination 

Western Channel 

Only the gear groupings as defined in 

point 2 are used 

Beam trawls of mesh size ≥ 80 mm 

Static nets with mesh size ≤220 mm 

164 

164 

6. 

KILOWATT DAY SYSTEM 

6.1. 

During the 2012 management period, a Member State may manage its fishing effort 
allocation according to a kilowatt days system. By that system it may authorise any 
vessel concerned to be present within the area for a maximum number of days which 
is different from that set out in Table I for any one of the groupings of fishing gears 

EN 

68 

   EN 

 
 
laid  down  in  that  Table,  provided  that  the  overall  amount  of  kilowatt  days 
corresponding to such a grouping is respected. 

6.2. 

For a specific grouping of fishing gears, the overall amount of kilowatt days shall be 
the sum of all individual fishing efforts allocated to the vessels flying the flag of the 
Member State  concerned  and  qualified  for  that  specific  grouping.  Such  individual 
fishing efforts shall be calculated in kilowatt days by multiplying the engine power 
of each vessel by the number of days at sea it would benefit from, according to Table 
I, if point 6.1. were not applied. 

6.3. 

A  Member State  wishing  to  benefit  from  the  system  referred  to  in  point 6.1.  shall 
submit a request to the Commission with reports in electronic format containing for 
each grouping of fishing gears the details of the calculation based on: 

(a) 

(b) 

list of vessels authorised to fish by indicating their Union fishing fleet register 
number (CFR) and their engine power, 

the  number  of  days  at  sea  for  which  each  vessel  would  have  initially  been 
authorised  to  fish  according  to  Table  I  and  the  number  of  days  at  sea  which 
each vessel would benefit from in application of point 6.1. 

On the basis of that description, the Commission may authorise that Member State to 
benefit from the system referred to in point 6.1. 

ALLOCATION OF ADDITIONAL DAYS FOR PERMANENT CESSATIONS OF 
FISHING ACTIVITIES 

An additional number of days at sea on which a vessel may be authorised by its flag 
Member State to be present within the geographical area when carrying on board any 
of  the  gears  referred  to  in  point 2 may  be  allocated  to  Member  States  by  the 
Commission on the basis of permanent cessations of fishing activities that have taken 
place  since 1 January 2004  either  in  accordance  with  Article 23  of  Regulation  (EC) 
No 1198/2006  or  Regulation  (EC)  No 744/200828.  Permanent  cessations  resulting 
from any other circumstances may be considered by the Commission on a case-by-
case  basis,  following  a  written  and  duly  motivated  request  from  the  Member  State 
concerned. This written request shall identify the vessels concerned and confirm, for 
each of them, that they shall never return to fishing activities. 

The  effort  expended  in  2003  measured  in  kilowatt  days  of  the  withdrawn  vessels 
using a given gear grouping in question shall be divided by the effort expended by all 
vessels using that gear grouping during 2003. The additional number of days at sea 
shall be then calculated by multiplying the ratio so obtained by the number of days 
that would have been allocated according to Table I. Any part of a day resulting from 
this calculation shall be rounded to the nearest whole day. 

6.4. 

7. 

7.1. 

7.2. 

28 

Council Regulation (EC) No 744/2008 of 24 July 2008 instituting a temporary specific action aiming to 
promote the restructuring of the European Community fishing fleets affected by the economic crisis (OJ 
L 202, 31.7.2008, p. 1). 

EN 

69 

   EN 

 
                                                 
7.3. 

7.4. 

7.5. 

7.6. 

7.7. 

8. 

8.1. 

Points  7.1.and  7.2  shall  not  apply  where  a  vessel  has  been  replaced  in  accordance 
with  point 4.2.or  when  the  withdrawal  has  already  been  used  in  previous  years  to 
obtain additional days at sea. 

Member States wishing to benefit from the allocations referred to in point 7.1. shall 
submit  a  request  to  the  Commission,  by  15  June  at  the  latest,  with  reports  in 
electronic  format  containing  for  each  grouping  of  fishing  gears  the  details  of  the 
calculation based on: 

(a) 

(b) 

lists of withdrawn vessels with their Union fishing fleet register number (CFR) 
and their engine power, 

the fishing activity deployed by such vessels in 2003 calculated in days at sea 
by concerned grouping of fishing gears. 

On  the  basis  of  such  a  request  the  Commission  may  amend  the  number  of  days 
defined in point 5 for that Member State in accordance with the procedure referred to 
in Article 30(2) of Regulation (EC) No 2371/2002. 

During  the  2012  management  period,  a  Member State  may  re-allocate  those 
additional numbers of days at sea to all or parts of the vessels remaining in fleet and 
qualified for the relevant grouping of fishing gears. 

A Member State may not re-allocate in the 2012 management period any additional 
number of days resulting from a permanent cessation of activity previously allocated 
by the Commission, unless the Commission has taken a decision that reassesses those 
additional numbers of days on the basis of the current gear groupings and limitations 
in days at sea. Upon the Member State's request to reassess the number of days, the 
Member State is provisionally authorised to reallocate 50 % of the additional number 
of days, until the Commission takes its decision. 

ALLOCATION  OF  ADDITIONAL  DAYS  FOR  ENHANCED  SCIENTIFIC 
OBSERVER COVERAGE 

Three  additional  days  on  which  a  vessel  may  be  present  within  the  area  when 
carrying onboard any of the groupings of fishing gear referred to in point 2 may be 
allocated  between  1 February  2012  and 31 January  2013  to  Member  States  by  the 
Commission on the basis of an enhanced programme of scientific observer coverage 
in  partnership  between  scientists  and  the  fishing  industry.  Such  a  programme  shall 
focus in particular on levels of discarding and on catch composition and go beyond 
the  requirements  on  data  collection,  as  laid  down  in  Regulation  (EC)  No 199/2008 
and Regulation (EC) No 665/200829 for national programmes. 

8.2. 

Observers shall be independent from the owner, the master of the fishing vessel and 
any crew member. 

29 

Commission  Regulation  (EC)  No  665/2008  of  14  July  2008  laying  down  detailed  rules  for  the 
application  of  Council  Regulation  (EC)  No  199/2008  concerning  the  establishment  of  a  Community 
framework  for  the  collection,  management  and  use  of  data  in  the  fisheries  sector  and  support  for 
scientific advice regarding the Common Fisheries Policy (OJ L 186, 15.7.2008, p. 3). 

EN 

70 

   EN 

 
                                                 
8.3. 

8.4. 

8.5. 

Member States wishing to benefit from the allocations referred to in point 8.1. shall 
submit a description of their enhanced scientific observer coverage programme to the 
Commission for approval. 

On the basis of this description, and after consultation with STECF, the Commission 
may amend the number of days defined in point 5. for that Member State and for the 
vessels,  the  area  and  gear  concerned  by  the  enhanced  programme  of  observers  in 
accordance  with  the  procedure  referred  to  in  Article 30(2)  of  Regulation  (EC) 
No 2371/2002. 

If an enhanced scientific observer coverage programme submitted by a Member State 
has  been  approved  by  the  Commission  in  the past  and  the  Member State  wishes  to 
continue  its  application  without  changes,  the  Member State  shall  inform  the 
Commission of the continuation of that programme four weeks before the beginning 
of the period for which the programme applies. 

CHAPTER IV 
MANAGEMENT 

9. 

GENERAL OBLIGATION 

Member  States  shall  manage  the  maximum  allowable  effort  in  accordance  with 
Articles 26 to 35 of Regulation (EC) No 1224/2009. 

10. 

MANAGEMENT PERIODS 

10.1.  A  Member State  may  divide  the  days  present  within  the  area  given  in  Table  I  into 

management periods of durations of one or more calendar months. 

10.2. 

10.3. 

The  number  of  days  or  hours  for  which  a  vessel  may  be  present  within  the  area 
during  a  management  period  shall  be  fixed  at  the  discretion  of  the  Member State 
concerned. 

In case that a Member State authorises vessels to be present within the area by hours, 
the Member State shall continue measuring the consumption of days as specified in 
point 3.  Upon  request  by  the  Commission,  the  Member State  shall  demonstrate  its 
precautionary measures taken to avoid an excessive consumption of days within the 
area due to a vessel terminating presences in the area that do not coincide with the 
end of a 24-hours period. 

CHAPTER V 
EXCHANGES OF FISHING EFFORT ALLOCATIONS 

11. 

TRANSFER OF DAYS BETWEEN FISHING VESSELS FLYING THE FLAG OF 
A MEMBER STATE 

11.1.  A Member State may permit any of its fishing vessels flying its flag to transfer days 
present  within  the  area  for  which  it  has  been  authorised  to  another  of  its  vessels 
flying  its  flag  within  the  area  provided  that  the  product  of  the  days  received  by  a 
vessel and its engine power in kilowatts (kilowatt days) is equal to or less than the 
product of the days transferred by the donor vessel and the engine power in kilowatts 

EN 

71 

   EN 

 
 
of that vessel. The engine power in kilowatts of the vessels shall be that recorded for 
each vessel in the Union fishing fleet register. 

11.2. 

The total number of days present within the area, multiplied by the engine power in 
kilowatts  of  the  donor  vessel,  shall  not  be  higher  than  the  donor  vessel's  average 
annual days track record in the area as verified by the fishing logbook in the years 
2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts of that 
vessel. 

11.3. 

The  transfer  of  days  as  described  in  point 10.1.  shall  be  permitted  only  between 
vessels operating within the same gear grouping referred to in point 2 and during the 
same management period. 

11.4.  On  request  from  the  Commission,  Member  States  shall  provide  reports  on  the 
transfers  that  have  taken  place.  A  detailed  format  of  spreadsheet  for  making  these 
reports  available  to  the Commission  may  be  adopted  in  accordance  with  the 
procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 

12. 

TRANSFER OF DAYS BETWEEN FISHING VESSELS FLYING THE FLAG OF 
DIFFERENT MEMBER STATES 

Member  States  may  permit  transfer  of  days  present  within  the  area  for  the  same 
management period and within the area between any fishing vessels flying their flags 
provided  that  points 4.2.,  4.4.,  5,  6  and 10  apply  mutatis  mutandis.  Where  Member 
States  decide  to  authorise  such  a  transfer,  as  a  preliminary  they  shall  notify  the 
Commission before the transfer takes place, the details of the transfer, including the 
number  of  days  transferred,  the  fishing  effort  and,  where  applicable,  the  fishing 
quotas relating thereto, as agreed between them. 

CHAPTER VI 
REPORTING OBLIGATIONS 

13. 

FISHING EFFORT REPORT 

Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the 
scope  of  this  Annex.  The  geographical  area  referred  to  in  that  Article  shall  be 
understood as the ICES division VIIe. 

14. 

COLLECTION OF RELEVANT DATA 

Member States, on the basis of information used for the management of fishing days present 
within the area as set out in this Annex, shall collect for each annual quarter the information 
about total fishing effort deployed within the area for towed gears and static gears and effort 
deployed by vessels using different types of gear in the area concerned by this Annex. 

15. 

COMMUNICATION OF RELEVANT DATA 

Upon request from the Commission, Member States shall make available to the Commission a 
spreadsheet with the data referred to in point 14 in the format specified in Tables II and III by 
sending it to the appropriate electronic mailbox address, which shall be communicated to the 
Member States  by  the  Commission.  Member  States  shall,  upon  the  Commission's  request, 
send to the Commission detailed information on effort allocated and consumed covering all or 

EN 

72 

   EN 

 
parts of the 2011 and 2012 management periods, using the data format specified in Tables IV 
and V. 

Table II 

Reporting format kW-day information by year 

Member State 

Gear 

Year 

Cumulative effort declaration 

(1) 

(2) 

(3) 

(4) 

. 

Table III 

Data format kW-day information by year 

Name of field 

Maximum 

Alignment30 

Definition and comments 

number of 

L(eft)/R(ight) 

characters/digits 

(1) Member State  3 

(2) Gear 

2 

(3) Year 

4 

(4) Cumulative 

7 

R 

effort declaration 

Member State (Alpha-3 

ISO code) in which the 

vessel is registered 

One of the following gear 

types: 

BT = beam trawls ≥ 80 mm 

GN = gillnet < 220 mm 

TN = trammel net or 

entangling net < 220 mm 

Either 2006 or 2007 

or 2008 or 2009 or 2010 

or 2011 or 2012 

Cumulative amount of 

fishing effort expressed in 

kilowatt days deployed 

from 1 January 

until 31 December of 

the year 

. 

30 

EN 

Information relevant for transmission of data by fixed-length formatting. 

73 

   EN 

 
 
 
 
                                                 
Table IV 

Reporting format for vessel-related information 

e
t
a
t
S
r
e
b
m
e
M

R
F
C

l
a
n
r
e
t
x
E

g
n
i
k
r
a
m

f
o

h
t
g
n
e
L

t
n
e
m
e
g
a
n
a
m

No

 1 

Gear notified 

Days eligible using notified 

Days spent with notified 

Transfer of 

gear(s) 

gear(s) 

days 

No 

No 

… 

No 

No 

No 

… 

2 

3 

1 

2 

3 

No

 1 

No 

No 

… 

2 

3 

(1) 

(2) 

(3) 

(4) 

(5) 

(5) 

(5) 

(5) 

(6) 

(6) 

(6) 

(6) 

(7) 

(7) 

(7) 

(7) 

(8) 

. 

Name of field 

Table V 

Data format for vessel-related information 
Alignment31 

Maximum 

Definition and comments 

number of 

L(eft)/R(ight) 

characters/dig

its 

(1) Member 

3 

State 

(2) CFR 

12 

(3) External 

14 

marking 

(4) Length of 

2 

management 

L 

L 

Member State (Alpha-3 ISO 

code) in which vessel is 

registered  

Union fishing fleet register 

number 

Unique identification number 

of a fishing vessel 

Member State (Alpha-3 ISO 

code) followed by an 

identifying series (9 

characters). Where a series has 

fewer than 9 characters, 

additional zeros must be 

inserted on the left hand side  

Under Regulation (EEC) 

No 1381/87 

Length of the management 

period measured in months 

31 

Information relevant for transmission of data by fixed-length formatting. 

EN 

74 

   EN 

 
 
 
 
 
 
 
 
 
 
 
                                                 
Table V 

Data format for vessel-related information 

period 

(5) Gears 

2 

L 

One of the following gear 

notified 

types: 

BT = beam trawls ≥ 80 mm 

GN = gillnet < 220 mm 

TN = trammel net or 

entangling net < 220 mm 

(6) Special 

3 

L 

Number of days for which the 

condition 

applying to 

notified gear(s) 

(8) Days spent 

3 

L 

with notified 

gear(s) 

(9) Transfers of 

4 

L 

days 

. 

vessel is eligible under 

Annex IIC for the choice of 

gears and length of 

management period notified 

Number of days the vessel 

actually spent present within 

the area and using a gear 

corresponding to gear notified 

during the notified 

management period 

For days transferred indicate '– 

number of days transferred' and 

for days received indicate '+ 

number of days transferred'  

EN 

75 

   EN