Proposal for a COUNCIL REGULATION amending Regulation (EU) No 44/2012 as regards fishing opportunities for capelin in Greenland waters
Date: 2012-07-11
Institutions: European Commission
Subjects: Denmark, EU waters, Greenland, Norway, agreement (EU), authorised catch, catch by species, catch quota, fishing agreement, international waters, sea fish

EUROPEAN COMMISSION 

Brussels, 11.7.2012  
COM(2012) 383 final 

2012/0187 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 44/2012 as regards fishing opportunities for capelin in 
Greenland waters 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Council Regulation (EU) No 44/20121 fixes 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. 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 Regulation mentioned above as follows: 

Capelin in Greenland waters 

Under Article 5(3) of Council Regulation (EU) 44/2012, the Commission shall fix the Union 
quota for capelin in Greenland waters of ICES zones V and XIV. Under this Article, on the 
basis  of  the  allocation  established  by  Greenland,  and  in  accordance  with  the  Fisheries 
Partnership  Agreement  (FPA)  between  the  European  Community  on  the  one  hand,  and  the 
Government  of Denmark and the  Home Rule Government of Greenland, on the other hand, 
and the Protocol thereto, the Union is to receive 7.7 % of the TAC for capelin in Greenland 
waters of ICES zones V and XIV. The Commission received information from the Greenland 
authorities that Greenland will allocate pm tonnes to the Union in accordance with the share 
fixed under the Protocol, to be fished until 30 April 2013. 

When Regulation (EU) No 44/2012 was adopted on 17 January 2012, the Commission made a 
statement relating to capelin caught in Greenland waters of V and XIV undertaking to enter 
into  discussions  with  the  Member  states  on  the  possibility  of  allocating  between  them  the 
fishing  opportunities  of  capelin  offered  by  Greenland,  in  the  context  of  the  EU-Greenland 
FPA and the Protocol mentioned above. 

Considering that there was no targeted fishery of capelin by any EU vessel under the Fisheries 
Partnership Agreement with Greenland between 2004 and 2010, and that in 2011 there was an 
unallocated  fishery  by  Denmark  alone,  the  Commission  proposes  to  use  1998-2003  as  the 
reference period for establishing the allocation between Member States .  

Finally,  having  regard  to  the  annual  consultations  on  fisheries  between  the  European  Union 
and  Norway  for  2012  and  in  particular  to  the  commitment  made  by  the  European  Union  to 
provide  Norway  with  an  additional  quantity  of  20  000  tonnes  of  capelin  above  the  normal 

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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). 

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balance  as  soon  as  the  capelin  in  Greenland  waters  becomes  available,  it  is  appropriate  to 
provide for this amount from the Union quota of pm tonnes mentioned above. 

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2012/0187 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 44/2012 as regards fishing opportunities for capelin in 
Greenland waters 

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,2 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  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 hand3, and the Protocol thereto4, provide that the Union is to receive 7,7 
% of the total availabe catches (TAC) for capelin in Greenland waters of ICES zones 
V and XIV. 

Council Regulation (EU) No 44/20125 fixed for the period from 1 January to 30 April 
2012  a  provisional  Union  quota  for  the  stock  of  capelin  in  those  Greenland  waters, 
without specific allocations to Member States.  

On … the Union received information from the Greenland authorities that the TAC for 
capelin in Greenland waters of ICES subareas V and XIV had been established at … 
tonnes for the period from 1 May 2012 until 30 April 2013. The relevant Union quota 
for that period should therefore be fixed at pm tonnes. 

In  the  framework  of  the  annual  consultations  on  fisheries  between  the  Union  and 
Norway,  the  Union  undertook  to  provide  Norway  with  an  additional  quantity  of  20 
000 tonnes of capelin in Greenland waters of ICES zones V and XIV for 2012. It is 
appropriate to allocate that amount from the Union quota available in those waters.  

It  is  furthermore  appropriate  to  allocate  the  Union  quota  among  Member  States. 
Considering  that  Union  vessels  did  not  carry  out  fishing  activities  targeting  capelin 
under  the  Fisheries  Partnership  Agreement  with  Greenland  between  2004  and  2010, 
and that in 2011 only one Member State made use of the unallocated Union quota , the 

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[OJ Ref] 
OJ L 172, 30.6.2007, p. 4. 
OJ L 172, 30.6.2007, p. 9. 
OJ L 25, 27.1.2012, p. 55. 

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(6) 

(7) 

reference period for allocating the Union quota among Member States should be the 
years 1998-2003. 

The  allocation  of  the  Union  quota  among  Member  States  goes  beyond  the 
implementing powers granted to the Commission by Article 5(3) of Regulation (EU) 
No  44/2012.  In  order  to  avoid  the  dispersal  of  provisions  between  Commission  and 
Council acts, this Regulation should establish both the Union quota and its allocation 
between Member States.  

The  capelin  catch  limits  provided  for  by  this  Regulation  should  apply  from  1  May 
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.  Since  catch  limits  have  an  influence  on  the 
economic  activities  and  the  planning  of  the  fishing  season  of  Union  vessels,  this 
Regulation should enter into force immediately after its publication.  

(8) 

Regulation (EU) No 44/2012 should be amended accordingly,  

HAS ADOPTED THIS REGULATION: 

Article 1 
Amendments to Regulation (EU) No 44/2012 

Annex  IB  to  Regulation  (EU)  No  44/2012  is  amended  in  accordance  with  the  text  in  the 
Annex to this Regulation. 

Article 2 
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. 

It shall apply from 1 May 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 

In Annex IB to Regulation (EU) No 44/2012, the entry for capelin in Greenland waters of V 
and XIV is replaced by the following: 

"Species: 

Capelin 

Zone: 

Greenland waters of V and XIV  

Mallotus villosus 

(CAP/514GRN) 

Denmark 

UK 

Sweden 

Germany 

All Member States 

EU 

TAC 

pm 

pm 

pm 

pm 

pm 

pm 

Not relevant 

(1) (2) 

(3) (4) 

(1) Except Member States with more than 10% of the Union quota 

(2) Member States with an assigned quota may access the "All Member States" quota only once they have exhausted 

their own quota. 

(3) Of which 20 000 tonnes are allocated to Norway. 

(4) To be fished until 30 April 2013, by way of derogation from Article 1(2)(a) of this Regulation." 

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