Proposal for a COUNCIL REGULATION amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards the protection of the species &quot;giant manta ray&quot; and certain fishing opportunities
Date: 2012-04-24
Institutions: European Commission
Subjects: EU waters, authorised catch, catch area, catch by species, catch quota, fishing rights, international waters, sea fish, sea fishing

EUROPEAN COMMISSION 

Brussels, 24.4.2012  
COM(2012) 182 final 

2012/0091 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards the protection 
of the species "giant manta ray" and certain fishing opportunities 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Council Regulation (EU) No 43/20121 and Council Regulation (EU) No 44/20122 fix for 2012 
fishing opportunities for certain fish stocks and groups of fish stocks applicable in EU waters 
and, for EU vessels, in certain non-EU waters. They focus mainly on Atlantic and North Sea 
stocks.  These  fishing  opportunities  are  usually  amended  several  times  during  the  period  in 
which they are in effect. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Not applicable. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The proposed amendments seek to modify the two Regulations mentioned above as follows: 

At  the  10th  Conference  of  the  Parties  (COP10)  of  the  Convention  of  Migratory  Species  of 
Wild  Animals,  held  in  Bergen  from  20  to  25  November  2011,  the  giant  manta  ray  (Manta 
birostris) was added to the lists of protected species in Appendices I (prohibition of the taking 
of certain species) and II of the Convention (species which require international agreements 
for  their  conservation  and  management).  Therefore,  it  is  appropriate  to  provide  for  the 
protection  of  giant  manta  rays  in  all  waters  for  EU  vessels  and,  for  non-EU  vessels,  in  EU 
waters.  This  requires  the  addition  of  the  giant  manta  ray  to  the  three  relevant  articles 
containing  lists  of  prohibited  species;  these  three  articles  are  distributed  across  the  two 
Regulations mentioned in point 1 of this explanatory memorandum. 

In  accordance  with  the  procedure  provided  for  in  the  agreements  or  protocols  on  fisheries 
relations  with  Norway3,  the  Faroe  Islands4,  Greenland5  and  Iceland6,  the  Union  held 
consultations  on  fishing  rights  with  those  partners  during  2011.  The  consultations  with  the 

1 

2 

3 

4 

5 

6 

Council  Regulation  (EU)  No  43/2012  of  17  January  2012  fixing  for  2012  the  fishing  opportunities 
available  to  EU  vessels  for  certain  fish  stocks  and  groups  of  fish  stocks  which  are  not  subject  to 
international negotiations or agreements (OJ L 25, 27.1.2012, p. 1–54). 
Council  Regulation  (EU)  No  44/2012  of  17  January  2012  fixing  for  2012  the  fishing  opportunities 
available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups 
of fish stocks which are subject to international negotiations or agreements (OJ L 25, 27.1.2012, p. 55–
147). 
Agreement  on  fisheries  between  the  European  Economic  Community  and  the  Kingdom  of  Norway 
(OJ L 226, 29.8.1980, p. 48). 
Agreement  on  fisheries  between  the  European  Economic  Community,  of  the  one  part,  and  the 
Government of Denmark and the Home Government of the Faeroe Islands, of the other part (OJ L 226, 
29.8.1980, p. 12). 
Fisheries  Partnership  Agreement  between  the  European  Community  on  the  one  hand,  and  the 
Government of Denmark and the Home Rule Government of Greenland, on the other hand (OJ L 172, 
30.6.2007,  p. 4)  and  Protocol  setting  out  the  fishing opportunities  and financial  contribution provided 
for in that Agreement (OJ L 172, 30.6.2007, p. 9). 
Agreement on fisheries and the marine environment between the European Economic Community and 
the Republic of Iceland (OJ L 161, 02.07.1993, p. 2). 

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Faroe  Islands  and  Iceland  were  not  finalised.  In  order  to  avoid  the  interruption  of  Union 
fishing  activities  whilst  allowing  for  the  necessary  flexibility  for  the  conclusion  of  those 
arrangements  in  2012,  it  was  deemed  appropriate  for  the  Union  to  establish,  in  Regulation 
(EU)  No  44/2012  and  on  a  provisional  basis,  the  fishing  opportunities  for  certain  stocks 
subject  to  the  agreements  with  the  Faroe  Islands  and  Iceland.  The  consultations  between 
Coastal States on the management of North East Atlantic mackerel stocks in Reykjavik on 14-
17  February  were  inconclusive  and  therefore,  in  accordance  with  bilateral  fisheries 
arrangements  with  Norway,  the  Union  and  Norway  agreed  on  bilateral  arrangements  for 
mackerel in 2012. It is therefore necessary to adjust the provisional catch limits for mackerel 
in Regulation (EU) No 44/2012 and to allocate the reserved quotas in the relevant TACs of 
Annexes IA and IB thereto. 

Advice  from  the  International  Council  on  the  Exploration  of  the  Seas  (ICES)  and  the 
Scientific, Technical, and Economic Committee on Fisheries (STECF) demands a significant 
reduction of the sandeel TAC in EU waters of ICES divisions IIa and IIIa and ICES subarea 
IV. Further to that advice, a reduction of the sandeel transfer to Norway was agreed between 
Norway and the Union during consultations concluded on 9 March 2012. Regulation 44/2012 
should be amended accordingly. 

A  number  of  transfers  regarding  fishing  opportunities  available  for  2012  have  taken  place 
between  the  Union  and  certain  North  Atlantic  Fisheries  Organisation  (NAFO)  contracting 
parties.  The  relevant  TAC  entries  in  Annex  IC  of  Regulation  (EU)  No  44/2012  should  be 
amended accordingly. 

The  fishing  opportunities  for  jack  mackerel  in  the  South  Pacific  Regional  Fisheries 
Management  Organisation  (SPRFMO)  were  established  following  the  outcome  of  the  3rd 
Preparatory Conference for the SPRFMO Commission held on 30 January – 2 February 2012. 
The  relevant  annex  of  Regulation  (EU)  No  44/2012,  which  was  left  empty  at  the  time  of 
adoption, must now be completed accordingly. 

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2012/0091 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards the protection 
of the species "giant manta ray" and certain fishing opportunities 

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,7 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Council Regulation (EU) No 43/20128 and Council Regulation (EU) No 44/20129 fix 
for  2012  fishing  opportunities  for  certain  fish  stocks  and  groups  of  fish  stocks 
applicable in EU waters and, for EU vessels, in certain non-EU waters. 

At the 10th Conference of the Parties (COP10) of the Convention of Migratory Species 
of Wild Animals, held in Bergen from 20 to 25 November 2011, the giant manta ray 
(Manta  birostris)  was  added  to  the  lists  of  protected  species  in  Appendices  I 
(prohibition of the taking of certain species) and II of the Convention (species which 
require international agreements for their conservation and management). Therefore, it 
is  appropriate  to  provide  for  the  protection  of  giant  manta  rays  in  all  waters  for  EU 
vessels and, for non-EU vessels, in EU waters. 

The  TAC  for  cod  in  the  Kattegat  should  be  equal  to  the  Union  quota.  The  relevant 
figure in Regulation (EU) No 43/2012 should be corrected accordingly. 

The  sum  of  quotas  allocated  to  Member  States  in  the  TAC  of  white  hake  in  NAFO 
3NO  result  in  a  Union  quota  which  is  one  tonne  higher  than  established  by  fishing 
opportunities  set  in  the  context  of  that  Regional  Fisheries  Management  Organisation 
(RFMO).  The  relevant  quota  allocation  in  Regulation  (EU)  No  44/2012  should  be 
corrected accordingly. 

Consultations  on  fishing  opportunities  between  the  Union,  Iceland  and  the  Faroe 
Islands  have  failed  to  result  in  an  agreement  for  2012.  Consequently,  the  fishing 
opportunities reserved for those consultations can now be allocated to Member States. 
Furthermore,  the  Coastal  States  consultations  on  the  management  of  North  East 
Atlantic  mackerel  ended  inconclusively  in  Reykjavik  on  17  February  2012. 

7 
8 
9 

[OJ Ref] 
OJ L 25, 27.1.2012, p. 1. 
OJ L 25, 27.1.2012, p. 55. 

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(6) 

(7) 

(8) 

Subsequently, in accordance with bilateral arrangements between them, the Union and 
Norway  have  agreed  to  fix  their  respective  mackerel  fishing  opportunities  for  2012. 
Therefore,  Article  1  of  Regulation  (EU)  No  44/2012  and  the  relevant  TACs  in 
Annexes IA and IB thereto should be amended in order to distribute the non-allocated 
quotas and to reflect the traditional allocation of mackerel in the North-East Atlantic. 

Advice from the International Council on the Exploration of the Seas (ICES) and the 
Scientific,  Technical,  and  Economic  Committee  on  Fisheries  (STECF)  demands  a 
significant reduction of the sandeel TAC in EU waters of ICES divisions IIa and IIIa 
and  ICES  subarea  IV.  Further  to  that  advice,  a  reduction  of  the  sandeel  transfer  to 
Norway  was  agreed  between  Norway  and  the  Union  during  consultations  concluded 
on 9 March 2012. Regulation 44/2012 should be amended accordingly. 

During  the  Third  International  Meeting,  held  in  May  2007,  for  the  creation  of  a 
Regional  Fisheries  Management  Organisation  (RFMO)  in  the  high  seas  of  the  South 
Pacific  (SPRFMO),  the  participants  adopted  interim  measures,  including  fishing 
opportunities, in order to regulate pelagic fishing activities as well as bottom fisheries 
in  that  area  until  the  establishment  of  such  RFMO.  Those  interim  measures  were 
revised  at  the  2nd  Preparatory  Conference  for  the  SPRFMO  Commission  held  in 
January  2011  and  have  been  revised  again  at  the  3rd  Preparatory  Conference  for  the 
SPRFMO  Commission  that  took  place  from  30  January  to  3  February  2012.  Those 
interim  measures  are  voluntary  and  not  legally  binding  under  international  law.  It  is 
however appropriate, in accordance with the co-operation and conservation obligations 
enshrined in the International Law of the Sea, to implement those measures in the law 
of the Union by establishing an overall quota for the Union and an allocation among 
the Member States concerned. 

Regulation (EU) No 43/2012 and Regulation (EU) No 44/2012 apply, in general, from 
1  January  2012.  This  Regulation  should  therefore  also  apply  from  1  January  2012. 
Such  retroactive  application  will  be  without  prejudice  to  the  principles  of  legal 
certainty  and  protection  of  legitimate  expectations  as  the  fishing  opportunities 
concerned have not yet been exhausted. However, the new provisions on the species 
“giant  manta  ray”  should  only  be  effective  from  the  date  of  entry  into  force  of  the 
modification  to  the  relevant  Appendices  of  the  Convention  on  Migratory  Species  of 
Wild  Animals,  in  accordance  with  paragraph  5  of  Article  XI  thereof.  Since  the 
modification of some catch limits have an influence on the economic activities and the 
planning of the fishing season of EU vessels, this Regulation should enter into force 
immediately after its publication.  

(9) 

Fishing  opportunities  should  be  used  in  full  compliance  with  the  applicable  law  of 
the Union,  

HAS ADOPTED THIS REGULATION: 

Article 1 
Amendments to Regulation (EU) No 43/2012  

Regulation (EU) No 43/2012 is amended as follows: 

1. 

in Article 12(1) the following point (g) is added: 

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"(g) 

giant manta ray (Manta birostris) in all waters." 

2. 

Annex I is amended in accordance with the text in Annex I to this Regulation. 

Article 2 
Amendments to Regulation (EU) No 44/2012 

Regulation (EU) No 44/2012 is amended as follows: 

1. 

2. 

in Article 1, paragraphs 3 and 4 are deleted; 

in Article 13(1), the following point (g) is added: 

"(g) 

giant manta ray (Manta birostris) in all waters."; 

3. 

in Article 37(1)the following point (g) is added: 

"(g) 

giant manta ray (Manta birostris) in all EU waters."; 

4. 

Annexes I, IA, IB, IC and IJ are amended in accordance with the text in Annex II to 
this Regulation.  

Article 3 
Entry into force 

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

Article 1 point (1), Article 2 points (2) and (3), Annex I point (1) and Annex II point (1) shall 
apply from 23 February 2012. 

Article 2 point (1), Annex I point (2) and Annex II points (2) to (5) 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 

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ANNEX I 

Annex I to Regulation (EU) No 43/2012 amended as follows: 

1. 

Part A is amended as follows: 

(a)  The  following  entry  is  inserted  in  the  first  table  (comparative  table  of  latin 

names and common names" after the entry for Mallotus villosus: 

"Manta birostris 

RMB 

Giant manta ray" 

(b)  The  following  entry  is  inserted  in  the  second  table  (comparative  table  of 

common names and Latin names) after the entry for flounder: 

"Giant manta ray 

RMB 

Manta birostris" 

2. 

In Part B, the entry for cod in the Kattegat is replaced by the following: 

"Species: 

Denmark 

Germany 

Sweden 

Union 

TAC 

Cod 

Zone: 

Kattegat  

Gadus morhua 

(COD/03AS.) 

Analytical TAC 

82 

2 

49 

133 

133 

(1) 
(1) 

(1) 

(1) 

(1) 

(1) 

Exclusively for by-catches. No directed fisheries are permitted." 

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ANNEX II 

Annexes I, IA, IB, IC and IJ to Regulation (Eu) No 44/2012 are amended as follows:  

1. 

Annex I is amended as follows: 

(a)  The  following  entry  is  inserted  in  the  first  table  (comparative  table  of  Latin 

names and common names) after the entry for Mallotus villosus: 

"Manta birostris 

RMB 

Giant manta ray" 

(b)  The  following  entry  is  inserted  in  the  second  table  (comparative  table  of 

common names and Latin names) after the entry for fllounder: 

"Giant manta ray 

RMB 

Manta birostris" 

2. 

Annex IA is amended as follows: 

(a)  The entry for sandeel and associated by-catches in EU waters of IIa, IIIa and 

IV is replaced by the following:  

"Species: 

Sandeel and associated 
by-catches 

Zone: 

EU  waters  of  IIa,  IIIa  and  IV(1) 
(SAN/2A3A4.) 

Analytical TAC 

34 072 

Ammodytes spp. 
(2)  
(2)  
(2)  
(2)  

1 251 

 745 

 52 

36 120 

2 300 

38 420 

Denmark 

United Kingdom 

Germany 

Sweden 

Union 

Norway 

TAC 

(1) 

(2) 

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

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

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Special condition: 

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

Zone: EU waters of sandeel management areas(1) 

1 

2 

3 

4 

5 

6 

7 

(SAN/*234_1) 

(SAN/*234_2) 

(SAN/*234_3) 

(SAN/*234_4) 

(SAN/*234_5) 

(SAN/*234_6) 

(SAN/*234_7) 

Denmark 

19 526  4 717 

4 717 

4 717 

United Kingdom 

 427  103 

103 

103 

Germany 

Sweden 

Union 

Norway 

 30  7 

7 

7 

 717  173 

173 

173 

20 700  5 000 

5 000 

5 000 

2 300  0 

0 

0 

0 

0 

0 

0 

0 

0 

395 

9 

1 

15 

420 

0 

Total  

23 000  5 000 

5 000 

5 000 

0 

420 

0 

0 

0 

0 

0 

0 

0 

(1) 

May be revised in accordance with Article 5(4) of this Regulation." 

(b)  The entry for herring in EU and international waters of Vb, VIb and VIaN is 

replaced by the following:  

"Species: 

Herring 

Zone: 

Clupea harengus 

EU  and  international  waters  of  Vb,  VIb 
and VIaN(1) 
(HER/5B6ANB) 

Germany 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

TAC 

(1) 

Analytical TAC 

2 560 

 484 

3 459 

2 560 

13 837 

22 900 

22 900 

Reference  is  to  the  herring  stock  in  VIa,  north  of  56°  00'  N  and  in  that  part  of  VIa  which  is  situated  east 
of 07°00' W and north of 55° 00' N, excluding the Clyde." 

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

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

"Species: 

Blue whiting 

Zone: 

Micromesistius poutassou 

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

Analytical TAC 

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

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

Article 7 of this Regulation applies. 

(1)  

(1)  

(1) (2)  

(1)  

(1)  

(1)  

(1) (2) 

(1)  

(1)  

(1)  

10 370 

4 032 

8 791 

7 217 

8 030 

12 645 

 817 

2 565 

13 454 

67 921 

30 000 

391 000 

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

Transfers of this quota may be effected to VIIIc, IX and X; EU waters of CECAF 34.1.1. However, such 
transfers must be notified in advance to the Commission." 

(d)  The entry for blue ling in EU waters and international waters of Vb, VI, VII is 

replaced by the following: 

Blue ling 

Zone: 

Molva dypterygia 

EU  waters  and  international  waters  of 
Vb, VI, VII (BLI/5B67-)(3) 

Analytical TAC 

Article 12 of this Regulation applies. 

 20 

 3 

 62 

1 423 

 5 

 1 

 1 

 362 

 5 

1882 

150 

2032 

(1)  

(2) 

Denmark 

Germany 

Spain 

France 

Ireland 

The Netherlands 

Portugal 

Sweden 

United Kingdom 

Union 

Norway 

TAC 

(1) 

(2) 

"Species: 

Germany 

Estonia 

Spain 

France 

Ireland 

Lithuania 

Poland 

United Kingdom 

Others  

Union 

Norway  

TAC 

(1) 

EN 

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

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(2) 

(3) 

To be fished in EU waters of IIa, IV, Vb, VI and VII (BLI/*24X7C). 
Special  rules  apply  in  accordance  with  Article  1  of  Regulation  (EC)  No  1288/200910  and  point  7  of 
Annex III to Regulation (EC) No 43/200911." 

_____________________________________ 

(e)  The entry for ling in EU and international waters of VI, VII, VIII, IX, X, XII 

and XIV is replaced by the following: 

"Species: 

Belgium 

Denmark 

Germany 

Spain 

France 

Ireland 

Portugal 

United Kingdom 

Union 

Norway 

TAC 

(1) 

Ling 

Molva molva 

Zone: 

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

Analytical TAC 

Article 12 of this Regulation applies. 

 30 

 5 

 109 

2 211 

2 357 

 591 

 5 

2 716 

8 024 

6 140 

14 164 

(1) (2) 

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

(2) 

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

10 
11 

OJ L 347, 24.12.2009, p. 6. 
OJ L 22, 26.1.2009, p. 1. 

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

Subdivisions 22-32 is replaced by the following: 

"Species: 

Mackerel 

Zone: 

Scomber scombrus 

IIIa and IV; EU waters of IIa, IIIb, 
IIIc and Subdivisions 22-32  

(MAC/2A34.) 

Belgium 

Denmark 

Germany 

France 

The Netherlands 

Sweden 

United Kingdom 

Union 

Norway 

TAC 

(1) 

(2) 

(3) 

(4) 

Analytical TAC 

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

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

Article 7 of this Regulation applies. 

512 

17 580 

534 

1 612 

1 623 

4 813 

1 503 

28 177 

167 197 

(3)  

(3)  

(3)  

(3)  

(3)  

(1) (2) (3)  

(3)  

(1) (3)  

(4) 

Not relevant 

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

When  fishing  in  Norwegian  waters,  by-catches  of  cod  (COD/*2134.),  haddock  (HAD/*2134.),  pollack 
(POL/*2134.) and whiting (WHG/*2134.) and saithe (POK/*2134.) are to be counted against the quotas for 
these species. 

May also be taken in Norwegian waters of IVa (MAC/*4AN.). 

To be deducted from Norway's share of the TAC (access quota). This amount includes the Norwegian share 
in the North Sea TAC of the amount of 46 685 tonnes. This quota may be fished in IVa only (MAC/*04A.), 
except for 3 000 tonnes that may be fished in IIIa (MAC/*03A.).  

Special condition: 

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

IIIa 

IIIa and IVbc  

IVb  

IVc 

(MAC/*03A.) 

(MAC/*3A4BC) 

(MAC/*04B.) 

(MAC/*04C.) 

Denmark 

France 

The Netherlands 

Sweden 

United Kingdom 

0 

0 

0 

0 

0 

Norway 

3 000 

4 130 

490 

490 

0 

490 

0 

0 

0 

0 

390 

0 

0 

0 

0 

0 

10 

0 

0 

international 
VI, 
waters  of  IIa,  from 
1 January 
to 
31 March 2012 and 
in  December  2012 
(MAC/*2A6.) 

9 482 

0 

0 

1 829 

0 

0" 

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

"Species: 

Mackerel 

Zone: 

Scomber scombrus 

VI,  VII,  VIIIa,  VIIIb,  VIIId  and  VIIIe;  EU 
and  international  waters  of  Vb;  international 
waters of IIa, XII and XIV 

(MAC/2CX14-) 

Analytical TAC 

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

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

Article 7 of this Regulation applies. 

20 427 

22 

170 

13 619 

68 089 

126 

126 

29 788 

1 438 

187 248 

321 053 

13 898 

Not relevant 

(1) (2) 

Germany 

Spain 

Estonia 

France 

Ireland 

Latvia 

Lithuania 

The Netherlands 

Poland 

United Kingdom 

Union 

Norway 

TAC 

(1) 

(2) 

May be fished in IIa, VIa north of 56° 30' N, IVa, VIId, VIIe, VIIf and VIIh (MAC/*AX7H). 

An  additional  33  437  tonnes  of  access  quota  may  be  fished  by  Norway  North  of  56°30'  N  and  counted 
against its catch limit (MAC/*N6530). 

Special condition: 

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

EU and Norwegian waters of IVa 

Norwegian waters of IIa 

(MAC/*04A-EN) 

(MAC/*2AN-) 

During the periods from 1 January to 
15 February 2012 and from 1 September to 
31 December 2012 

Germany 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

8 219 

5 479 

27 396 

11 985 

75 342 

128 421 

837 

557 

2 790 

1 220 

7 672 

13 076" 

EN 

13 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
  
 
 
(h)  The  entry  for  mackerel  in  VIIIc,  IX  and  X;  EU  waters  of  CECAF  34.1.1  is 

replaced by the following: 

"Species: 

Mackerel 

Zone: 

VIIIc,  IX  and  X;  EU  waters  of  CECAF 
34.1.1  

(MAC/8C3411) 

Analytical TAC 

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

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

Article 7 of this Regulation applies. 

Scomber scombrus 

(1)  

(1)  

(1)  

30 278 

201 

6 258 

36 737 

Not relevant 

Spain 

France 

Portugal 

Union 

TAC 

(1) 

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

Special condition: 

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

VIIIb 

(MAC/*08B.) 

2 543 

17 

526" 

Spain 

France 

Portugal 

(i)  The entry for mackerel in Norwegian waters of IIa and IVa is replaced by the 

following: 

"Species: 

Denmark 

Union 

Mackerel 

Zone: 

Norwegian waters of IIa and IVa 

Scomber scombrus 
(1)  

12 608 

(MAC/2A4A-N.) 

Analytical TAC 

12 608 

(1)  

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

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

TAC 

Not relevant 

Article 7 of this Regulation applies. 

(1) 

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

EN 

14 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(j)  The  entry  for  sprat  and  associated  by-catches  in  EU  waters  of  IIa  and  IV  is 

replaced by the following: 

Sprat and associated 
by-catches 

Sprattus sprattus 

Zone: 

EU waters of IIa and IV  

(SPR/2AC4-C) 

Precautionary TAC 

1 737 

137 489 

1 737 

1 737 

1 737 

1 330 

5 733 

151 500 

10 000 

161 500 

(4)  
(4)  
(4)  
(4)  
(4)  
(1) (4)  

(4)  

(2) 

(3) 

Including sandeel. 

May only be fished in EU waters of IV (SPR/*04-C.). 

May be revised in accordance with Article 5(4) of this Regulation. 

At least 98 % of landings counted against the TAC must be of sprat. By-catches of dab and whiting to be 
counted against the remaining 2 % of the TAC (OTH/*2AC4C)." 

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

Horse mackerel and 
associated by-catches 

Trachurus spp. 

Zone: 

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

Analytical TAC 

(1) (3)  

(1) (2) (3)  

(3)  

(1) (2) (3)  

(1) (3)  

(1) (2) (3) 

(3)  

(1) (3)  

(1) (2) (3)  

15 702 

12 251 

16 711 

6 306 

40 803 

49 156 

1 610 

 675 

14 775 

157 989 

157 989 

Special condition: up to 5 % of this quota fished in EU waters of IIa or IVa before 30 June 2012 may be 
accounted for as fished under the quota concerning the zone of EU waters of IVb, IVc and VIId. However, 

"Species: 

Belgium 

Denmark 

Germany 

France 

The Netherlands 

Sweden 

United Kingdom 

Union 

Norway 

TAC 

(1) 

(2) 

(3) 

(4) 

"Species: 

Denmark 

Germany 

Spain 

France 

Ireland 

The Netherlands 

Portugal 

Sweden 

United Kingdom 

Union 

TAC 

(1) 

EN 

15 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
the use of this special condition must be notified in advance to the Commission (JAX/*4BC7D). 

(2) 

(3) 

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

At  least  95 %  of  landings  counted  against  the  TAC  must  be  of  horse  mackerel.  By-catches  of  boarfish, 
haddock, whiting and mackerel are to be counted against the remaining 5 % of the TAC (OTH/*2A-14)." 

3. 

Annex IB is amended as follows: 

(a)  The  entry  for  cod  and  haddock  in  Faroese  waters  of  Vb  is  replaced  by  the 

following: 

"Species: 

Cod and haddock 

Zone: 

Faroese waters of Vb  

Gadus morhua and 
Melanogrammus 
aeglefinus 

(C/H/05B-F.) 

Germany 

France 

United Kingdom 

Union 

TAC 

0 

0 

0 

0 

Not relevant" 

Analytical TAC 

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

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

(b)  The entry for blue whiting in Faroese waters is replaced by the following: 

"Species: 

Blue whiting 

Zone: 

Faroese waters  

Micromesistius poutassou 

(WHB/2A4AXF) 

Analytical TAC 

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

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

Denmark 

Germany 

France 

The Netherlands 

United Kingdom 

Union 

TAC 

0 

0 

0 

0 

0 

0 

0 

(1) 

(1) 

TAC set in accordance with consultations among the Union, Faroe Islands, Norway and Iceland." 

EN 

16 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(c)  The  entry  for  ling  and  blue  ling  in  Faroese  waters  of  Vb  is  replaced  by  the 

following: 

"Species: 

Ling and blue ling 

Zone: 

Faroese waters of Vb  

Molva molva and 

Molva dypterygia 

(B/L/05B-F.) 

Germany 

France 

United Kingdom 

Union 

TAC 

0 

0 

0 

0 

Not relevant" 

Analytical TAC 

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

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

(d)  The entry for northern prawn in Greenland waters of V and XIV is replaced by 

the following: 

"Species: 

Northern prawn 

Zone: 

Greenland waters of V and XIV  

Pandalus borealis 

(PRA/514GRN) 

Denmark 

France 

Union 

TAC 

2 550 

2 550 

8 000 

(1)  

Not relevant 

Analytical TAC 

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

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

(1) 

Of which 2 900 tonnes are allocated to Norway." 

(e)  The entry for saithe in Faroese waters of Vb is replaced by the following: 

"Species: 

Belgium 

Germany 

France 

The Netherlands 

United Kingdom 

Union 

TAC 

Saithe 

Zone: 

Faroese waters of Vb  

Pollachius virens 

(POK/05B-F.) 

Analytical TAC 

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

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

0 

0 

0 

0 

0 

0 

Not relevant" 

EN 

17 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(f)  The entry for redfish in Icelandic waters of Va is replaced by the following: 

"Species: 

Belgium 

Germany 

France 

United Kingdom 

Union 

TAC 

Redfish 

Zone: 

Icelandic waters of Va 

Sebastes spp. 

(RED/05A-IS) 

Analytical TAC 

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

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

(1) (2)  

(1) (2)  

(1) (2)  

(1) (2)  

(1) (2)  

0 

0 

0 

0 

0 

Not relevant 

(1) 

Including unavoidable by-catches (cod not allowed). 

(2)  May only be fished between July and December 2012." 

(g)  The entry for redfish in Faroese waters of Vb is replaced by the following: 

"Species: 

Belgium 

Germany 

France 

United Kingdom 

Union 

TAC 

Redfish 

Zone: 

Faroese waters Vb 

Sebastes spp. 

(RED/05B-F.) 

Analytical TAC 

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

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

0 

0 

0 

0 

0 

Not relevant" 

(h)  The  entry  for  other  species  in  Faroese  waters  of  Vb  is  replaced  by  the 

following: 

"Species: 

Germany 

France 

United Kingdom 

Union 

TAC 

Other species(1) 

Zone: 

Faroese waters of Vb 

(OTH/05B-F.) 

Analytical TAC 

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

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

0 

0 

0 

0 

Not relevant 

(1) 

Excluding fish species of no commercial value." 

EN 

18 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(i)  The entry for flatfish in Faroese waters of Vb is replaced by the following:  

"Species: 

Germany 

France 

United Kingdom 

Union 

TAC 

Flatfish 

Zone: 

Faroese waters of Vb 

(FLX/05B-F.) 

Analytical TAC 

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

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

0 

0 

0 

0 

Not relevant" 

4. 

Annex IC is amended as follows: 

(a)  The entry for cod in NAFO 3M is replaced by the following: 

Cod 

Zone: 

NAFO 3M 

Gadus morhua 

(COD/N3M.) 

103 

432 

103 

103 

219 

1 328 

185 

1 992,5 

865 

5 330,5 

9 280" 

"Species: 

Estonia 

Germany 

Latvia 

Lithuania 

Poland 

Spain 

France 

Portugal 

United Kingdom 

Union 

TAC 

Species: 

Spain 

Portugal 

Union 

TAC 

(b)  The entry for white hake in NAFO 3NO is replaced by the following: 

White hake 

Zone: 

NAFO 3NO 

Urophycis tenuis 

(HKW/N3NO.) 

1 273 

1 667 

2 940 

5 000 

Analytical TAC 

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

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

EN 

19 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(c)  The entry for Northern prawn in NAFO 3L is replaced by the following: 

"Species: 

Northern prawn 

Zone: 

Pandalus borealis 

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

Estonia 

Latvia 

Lithuania 

Poland 

Spain 

Portugal 

Union 

TAC 

(1) 

Analytical TAC 

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

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

134 

134 

134 

400 

105,5 

161,5 

1 069 

12 000 

Not including the box bounded by the following coordinates: 

Point No 

Latitude N 

Longitude W 

1 

2 

3 

4 

47° 20' 0 

47° 20' 0 

46° 00' 0 

46° 00' 0 

46° 40' 0 

46° 30' 0 

46° 30' 0 

46° 40' 0" 

(d)  The entry for redfish in NAFO 3LN is replaced by the following: 

Redfish 

Zone: 

NAFO 3LN 

Sebastes spp. 

(RED/N3LN.) 

297 

203 

297 

297 

454 

1 548 

6 000" 

"Species: 

Estonia 

Germany 

Latvia 

Lithuania 

Portugal 

Union 

TAC 

(e)  The entry for redfish in NAFO 3O is replaced by the following: 

"Species: 

Redfish 

Zone: 

NAFO 3O 

Sebastes spp. 

(RED/N3O.) 

Spain 

Portugal 

Poland 

Union 

TAC 

1 771 

5 229 

150 

7 150 

20 000" 

Analytical TAC 

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

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

EN 

20 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5. 

Annex IJ is replaced by the following: 

“ANNEX IJ 

SPRFMO CONVENTION AREA 

Species: 

Jack mackerel 

Zone: 

SPRFMO Convention Area 

Trachurus murphyi  

(CJM/SPRFMO) 

Germany 

The Netherlands 

Lithuania 

Poland 

Union 

6790, 5 

7360,2  

4725 

8124,3 

27 000" 

EN 

21 

   EN