Council Regulation (EU) No 692/2012 of 24 July 2012 amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards the protection of the giant manta ray and certain fishing opportunities
Date: 2012-07-24
Institutions: Council of the European Union
Subjects: EU waters, authorised catch, catch area, catch by species, catch quota, conservation of fish stocks, fishing rights, international waters, protected species, sea fish, sea fishing




L_2012203EN.01000101.xml










31.7.2012   


EN


Official Journal of the European Union


L 203/1








            COUNCIL REGULATION (EU) No 692/2012
of 24 July 2012
         
amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards the protection of the 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,

Whereas:







(1)


By Regulations (EU) No 43/2012 (1) and (EU) No 44/2012 (2), the Council fixed 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.












(2)


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 and II of the Convention. Therefore, it is appropriate to provide for the protection of giant manta rays with respect to EU vessels fishing in all waters and non-Union vessels fishing in EU waters.












(3)


The possibility of carrying out trials of fully documented catch quotas for various stocks in the International Council on the Exploration of the Seas (ICES) Area VII has been submitted to the Scientific, Technical and Economic Committee for Fisheries (STECF) in order to determine the impact of catch quotas on mortality, discards and selective fishing practices in mixed fisheries. The trials would be conducted on the stocks of plaice, anglerfish, megrim and hake, for which an additional 1 % quota would be available, and on the stock of haddock, for which an additional 5 % quota would be available. In its response to the Commission’s request, STECF expresses support for these trials and sees them as an important step in developing the catch quota management approach. STECF also notes that such trials result in a very low risk of increasing overall fishing mortality on the stocks concerned. Accordingly, it is appropriate to modify the relevant TAC entries so as to make these additional quotas available to Member States engaging in the assessed trials.












(4)


At its 8th Annual Meeting that took place from 26 to 30 March in Guam (USA), the Western and Central Pacific Fisheries Commission (WCPFC) repealed, with immediate effect, its provisions on closed areas for purse-seine fisheries of bigeye tuna and yellowfin tuna in certain high seas areas. These closed areas were implemented in Union law by Article 32 of Regulation (EU) No 44/2012, which should therefore be repealed.












(5)


The United Kingdom provided information on cod catches by a group of vessels fishing with bottom trawls in the Irish Sea and targeting Queen Scallops. On the basis of that information, as assessed by STECF, it can be established that the cod catches, including discards, of vessels involved in that activity do not exceed 1,5 % of the total catches of that group of vessels. Having moreover regard to the measures in place ensuring the monitoring and control of the fishing activities of the group of vessels involved in that activity and considering that the inclusion of that group would constitute an administrative burden disproportionate to its overall impact on cod stocks, it is appropriate to exclude the group of vessels fishing with bottom trawls in the Irish Sea and targeting Queen Scallops from the application of the effort regime laid down in Chapter III of Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (3).












(6)


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.












(7)


Additional fishing opportunities have become available for the Union in 2012 as a result of quota transfers between the Union and other Contracting Parties to the North West Atlantic Fisheries Organisation (NAFO). Consequently, for the year 2012, Annex IC to Regulation (EU) No 44/2012 should be amended so as to reflect those new fishing opportunities. These modifications concern the year 2012 and are without prejudice to the principle of relative stability.












(8)


Annex IIC to Regulation (EU) No 43/2012 fixes fishing effort limits in the context of the management of Western Channel sole stocks in ICES division VIIe. At the United Kingdom’s request, the Commission sought advice from STECF on whether Annex IIC could be amended so as to establish a rolling reference period for the exemption of static gears in point 1.2 of that Annex, rather than the current fixed reference year. In its response, STECF considers that a more recent year or a rolling reference period based on several recent years, would be preferable and deems that the effects of this change on the amount of effort deployed in the fishery should be negligible.












(9)


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 that established by fishing opportunities set in the context of the Regional Fisheries Management Organisation (RFMO). The relevant quota allocation in Regulation (EU) No 44/2012 should be amended accordingly.












(10)


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. 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.












(11)


Advice from the ICES and the 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 (EU) No 44/2012 should be amended accordingly.












(12)


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 held 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 cooperation 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.












(13)


Regulations (EU) No 43/2012 and (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 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. Similarly, the repeal of Article 32 of Regulation (EU) No 44/2012 should apply as of 31 March 2012, in compliance with the date specified by WCPFC for its entry into force. 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.












(14)


When Regulation (EU) No 44/2012 was adopted, the maximum number of EU vessels authorised to fish for swordfish and albacore in the Indian Ocean Tuna Commission (IOTC) Convention Area did not include 15 fishing vessels flying the flag of France and registered in La Réunion. The Union TAC in that Annex should be amended accordingly,





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 is added:






‘(g)


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














(2)


after Article 13 a new article is inserted as follows:

‘Article 13a
Amendments to Regulation (EC) No 754/2009
In Article 1 of Regulation (EC) No 754/2009, the following point is added:






“(i)


the group of vessels flying the flag of the United Kingdom identified in the request from the United Kingdom dated 16 March 2012, which participate in a fishery targeting Queen Scallops (Aequipecten opercularis) in the Irish Sea (ICES area VIIa) around the Isle of Man, using a specialised otter trawl gear with an 80-100 mm mesh trawl configured to select against fish catches (2ft low headline, short or no bridles and small trawl mouth);”.’;















(3)


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)


in Article 1, paragraphs 3 and 4 are deleted;










(2)


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






‘(g)


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














(3)


Article 32 is deleted;










(4)


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






‘(g)


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














(5)


Annexes I, IA, IB, IC, IJ and VI 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.
This Regulation applies from 1 January 2012.
However, Article 1(1), Article 2(2) and (4), Annex I point (1) and Annex II point (1) shall apply from 23 February 2012, and Article 2(3) shall apply from 31 March 2012.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 2012.


For the Council


The President

A. D. MAVROYIANNIS
            





(1)  
            OJ L 25, 27.1.2012, p. 1.

(2)  
            OJ L 25, 27.1.2012, p. 55.

(3)  
            OJ L 348, 24.12.2008, p. 20.




ANNEX I
PART A
Annex I to Regulation (EU) No 43/2012 is 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,






(a)


the entry for cod in the Kattegat is replaced by the following:














‘Species


:


Cod

Gadus morhua














Zone


:


Kattegat
(COD/03AS.)








Denmark


82  (1)



Analytical TAC




Germany


2  (1)





Sweden


49  (1)





Union


133  (1)





TAC


133  (1)















(b)


the entry for megrims in VII is replaced by the following:














‘Species


:


Megrims

Lepidorhombus spp.













Zone


:


VII
(LEZ/07.)








Belgium


470  (2)



Analytical TAC
Article 11 of this Regulation applies.




Spain


5 216  (2)





France


6 329  (2)





Ireland


2 878  (2)





United Kingdom


2 492  (2)





Union


17 385 




TAC


17 385 














(c)


the entry for anglerfish VII is replaced by the following:














‘Species


:


Anglerfish

Lophiidae














Zone


:


VII
(ANF/07.)








Belgium


2 835  (3)
 (4)



Analytical TAC
Article 11 of this Regulation applies.




Germany


316  (3)
 (4)





Spain


1 126  (3)
 (4)





France


18 191  (3)
 (4)





Ireland


2 325  (3)
 (4)





The Netherlands


367  (3)
 (4)





United Kingdom


5 517  (3)
 (4)





Union


30 677  (3)





TAC


30 677  (3)















(d)


the entry for haddock in VIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1 is replaced by the following:














‘Species


:


Haddock

Melanogrammus aeglefinus














Zone


:


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








Belgium


185  (5)



Analytical TAC
Article 11 of this Regulation applies.




France


11 096  (5)





Ireland


3 699  (5)





United Kingdom


1 665  (5)





Union


16 645 




TAC


16 645 














(e)


the entry for hake in VI and VII; EU and international waters of Vb; international waters of XII and XIV is replaced by the following:













‘Species


:


Hake

Merluccius merluccius














Zone


:


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








Belgium


284  (6)
 (8)



Analytical TAC
Article 11 of this Regulation applies.




Spain


9 109  (8)





France


14 067  (6)
 (8)





Ireland


1 704  (8)





The Netherlands


183  (6)
 (8)





United Kingdom


5 553  (6)
 (8)





Union


30 900 




TAC


30 900  (7)






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)




Belgium


37 




Spain


1 469 




France


1 469 




Ireland


184 




The Netherlands


18 




United Kingdom


827 




Union


4 004 ’;




















(f)


the entry for plaice in VIId and VIIe is replaced by the following:














‘Species


:


Plaice

Pleuronectes platessa














Zone


:


VIId and VIIe
(PLE/7DE.)








Belgium


828  (9)



Analytical TAC




France


2 761  (9)





United Kingdom


1 473  (9)





Union


5 062 




TAC


5 062 












PART B






1.


In Appendix 1 of Annex IIA to Regulation (EU) No 43/2012, table (c), the column concerning the United Kingdom (UK) is replaced by the following:

                           ‘UK

                           339 592
                        

                           1 086 399
                        
0
0

                           111 693
                        

                           5 970
                        
158

                           70 614
                           ’.










2.


In Annex IIC to Regulation (EU) No 43/2012, point 1.2 is replaced by the following:






‘1.2


Vessels fishing with static nets with mesh size equal to or larger than 120 mm and with records of catches of less than 300 kg live weight of sole per year during the three previous years, according to their fishing records, shall be exempt from the application of this Annex provided 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)


by 31 July 2012 and 31 January 2013 each Member State concerned make a report to the Commission on these vessels’ catch records for sole in the three previous years as well as on catches of sole in 2012.




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










(1)  Exclusively for by-catches. No directed fisheries are permitted.’;

(2)  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 1 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.’;

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

(4)  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 1 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.’;

(5)  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.’;

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

(7)  Within an overall TAC of 55 105 tonnes for the northern stock of hake.

(8)  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 1 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.

(9)  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 1 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.’.





ANNEX II
Annexes I, IA, IB, IC, IJ and VI 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 flounder:







‘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

Ammodytes spp.













Zone


:


EU waters of IIa, IIIa and IV (1)

(SAN/2A3A4.)








Denmark


34 072  (2)



Analytical TAC




United Kingdom


745  (2)





Germany


52  (2)





Sweden


1 251  (2)





Union


36 120 




Norway


2 300 




TAC


38 420 





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


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 


0 


395 


0 




United Kingdom


427 


103 


103 


103 


0 


9 


0 




Germany


30 


7 


7 


7 


0 


1 


0 




Sweden


717 


173 


173 


173 


0 


15 


0 




Union


20 700 


5 000 


5 000 


5 000 


0 


420 


0 




Norway


2 300 


0 


0 


0 


0 


0 


0 




Total


23 000 


5 000 


5 000 


5 000 


0 


420 


0 





()  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

Clupea harengus














Zone


:


EU and international waters of Vb, VIb and VIaN (4)

(HER/5B6ANB)








Germany


2 560 


Analytical TAC




France


484 




Ireland


3 459 




The Netherlands


2 560 




United Kingdom


13 837 




Union


22 900 




TAC


22 900 














(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

Micromesistius poutassou














Zone


:


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








Denmark


10 370  (5)



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.




Germany


4 032  (5)





Spain


8 791  (5)
 (6)





France


7 217  (5)





Ireland


8 030  (5)





The Netherlands


12 645  (5)





Portugal


817  (5)
 (6)





Sweden


2 565  (5)





United Kingdom


13 454  (5)





Union


67 921  (5)





Norway


30 000 




TAC


391 000 














(d)


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














‘Species


:


Blue ling

Molva dypterygia














Zone


:


EU waters and international waters of Vb, VI, VII
(BLI/5B67-) (9)









Germany


20 


Analytical TAC
Article 12 of this Regulation applies.




Estonia


3 




Spain


62 




France


1 423 




Ireland


5 




Lithuania


1 




Poland


1 




United Kingdom


362 




Others


5  (7)





Union


1 882 




Norway


150  (8)





TAC


2 032 














(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


:


Ling

Molva molva














Zone


:


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








Belgium


30 


Analytical TAC
Article 12 of this Regulation applies.




Denmark


5 




Germany


109 




Spain


2 211 




France


2 357 




Ireland


591 




Portugal


5 




United Kingdom


2 716 




Union


8 024 




Norway


6 140  (12)
 (13)





TAC


14 164 














(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

Scomber scombrus














Zone


:


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








Belgium


512  (16)



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.




Denmark


17 580  (16)





Germany


534  (16)





France


1 612  (16)





The Netherlands


1 623  (16)





Sweden


4 813  (14)
 (15)
 (16)





United Kingdom


1 503  (16)





Union


28 177  (14)
 (16)





Norway


167 197  (17)





TAC


Not relevant





Special condition:

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












 


IIIa
(MAC/*03A.)


IIIa and IVbc
(MAC/*3A4BC)


IVb
(MAC/*04B.)


IVc
(MAC/*04C.)


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




Denmark


0 


4 130 


0 


0 


9 482 




France


0 


490 


0 


0 


0 




The Netherlands


0 


490 


0 


0 


0 




Sweden


0 


0 


390 


10 


1 829 




United Kingdom


0 


490 


0 


0 


0 




Norway


3 000 


0 


0 


0 


0 ’;




















(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

Scomber scombrus














Zone


:


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








Germany


20 427 


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.




Spain


22 




Estonia


170 




France


13 619 




Ireland


68 089 




Latvia


126 




Lithuania


126 




The Netherlands


29 788 




Poland


1 438 




United Kingdom


187 248 




Union


321 053 




Norway


13 898  (18)
 (19)





TAC


Not relevant





Special condition:

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









 


EU and Norwegian waters of IVa
(MAC/*04A-EN)
During the periods from 1 January to 15 February 2012 and from 1 September to 31 December 2012


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




Germany


8 219 


837 




France


5 479 


557 




Ireland


27 396 


2 790 




The Netherlands


11 985 


1 220 




United Kingdom


75 342 


7 672 




Union


128 421 


13 076 ’;




















(h)


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













‘Species


:


Mackerel

Scomber scombrus














Zone


:


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








Spain


30 278  (20)



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.




France


201  (20)





Portugal


6 258  (20)





Union


36 737 




TAC


Not relevant





Special condition:

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








 


VIIIb
(MAC/*08B.)




Spain


2 543 




France


17 




Portugal


526 ’;




















(i)


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














‘Species


:


Mackerel

Scomber scombrus














Zone


:


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








Denmark


12 608  (21)



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.




Union


12 608  (21)





TAC


Not relevant














(j)


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














‘Species


:


Sprat and associated by-catches

Sprattus sprattus














Zone


:


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








Belgium


1 737  (25)



Precautionary TAC




Denmark


137 489  (25)





Germany


1 737  (25)





France


1 737  (25)





The Netherlands


1 737  (25)





Sweden


1 330  (22)
 (25)





United Kingdom


5 733  (25)





Union


151 500 




Norway


10 000  (23)





TAC


161 500  (24)















(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:














‘Species


:


Horse mackerel and associated by-catches

Trachurus spp.













Zone


:


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








Denmark


15 702  (26)
 (28)



Analytical TAC




Germany


12 251  (26)
 (27)
 (28)





Spain


16 711  (28)





France


6 306  (26)
 (27)
 (28)





Ireland


40 803  (26)
 (28)





The Netherlands


49 156  (26)
 (27)
 (28)





Portugal


1 610  (28)





Sweden


675  (26)
 (28)





United Kingdom


14 775  (26)
 (27)
 (28)





Union


157 989 




TAC


157 989 


















3.


Annex IB is amended as follows:






(a)


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














‘Species


:


Cod and haddock

Gadus morhua and Melanogrammus aeglefinus














Zone


:


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








Germany


0 


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




France


0 




United Kingdom


0 




Union


0 




TAC


Not relevant’;














(b)


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














‘Species


:


Blue whiting

Micromesistius poutassou














Zone


:


Faroese waters
(WHB/2A4AXF)








Denmark


0 


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




Germany


0 




France


0 




The Netherlands


0 




United Kingdom


0 




Union


0 




TAC


0  (29)















(c)


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














‘Species


:


Ling and blue ling

Molva molva and Molva dypterygia














Zone


:


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








Germany


0 


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




France


0 




United Kingdom


0 




Union


0 




TAC


Not relevant’;














(d)


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














‘Species


:


Northern prawn

Pandalus borealis














Zone


:


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








Denmark


2 550 


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




France


2 550 




Union


8 000  (30)





TAC


Not relevant














(e)


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














‘Species


:


Saithe

Pollachius virens














Zone


:


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








Belgium


0 


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




Germany


0 




France


0 




The Netherlands


0 




United Kingdom


0 




Union


0 




TAC


Not relevant’;














(f)


the entry for redfish in Icelandic waters of Va is replaced by the following:














‘Species


:


Redfish

Sebastes spp.













Zone


:


Icelandic waters of Va
(RED/05A-IS)








Belgium


0  (31)
 (32)



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




Germany


0  (31)
 (32)





France


0  (31)
 (32)





United Kingdom


0  (31)
 (32)





Union


0  (31)
 (32)





TAC


Not relevant














(g)


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














‘Species


:


Redfish

Sebastes spp.













Zone


:


Faroese waters Vb
(RED/05B-F.)








Belgium


0 


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




Germany


0 




France


0 




United Kingdom


0 




Union


0 




TAC


Not relevant’;














(h)


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














‘Species


:


Other species (33)














Zone


:


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








Germany


0 


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




France


0 




United Kingdom


0 




Union


0 




TAC


Not relevant














(i)


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














‘Species


:


Flatfish













Zone


:


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








Germany


0 


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




France


0 




United Kingdom


0 




Union


0 




TAC


Not relevant’.


















4.


Annex IC is amended as follows:






(a)


the entry for cod in NAFO 3M is replaced by the following:














‘Species


:


Cod

Gadus morhua














Zone


:


NAFO 3M
(COD/N3M.)








Estonia


103 


 




Germany


432 


 




Latvia


103 


 




Lithuania


103 


 




Poland


352  (34)



 




Spain


1 328 


 




France


185 


 




Portugal


1 821  (35)



 




United Kingdom


865 


 




Union


5 330,5  (36)



 




TAC


9 280 


 














(b)


the entry for white hake in NAFO 3NO is replaced by the following:














‘Species


:


White hake

Urophycis tenuis














Zone


:


NAFO 3NO
(HKW/N3NO.)








Spain


1 273 


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




Portugal


1 667 




Union


2 940 




TAC


5 000 ’;














(c)


the entry for Northern prawn in NAFO 3L is replaced by the following














‘Species


:


Northern prawn

Pandalus borealis














Zone


:


NAFO 3L (37)

(PRA/N3L.)








Estonia


134 


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




Latvia


134 




Lithuania


134 




Poland


134  (38)





Spain


105,5 




Portugal


28,5  (39)





Union


670  (40)





TAC


12 000 














(d)


the entry for Greenland halibut in NAFO 3LMNO is replaced by the following:














‘Species


:


Greenland halibut

Reinhardtius hippoglossoides














Zone


:


NAFO 3LMNO
(GHL/N3LMNO)








Estonia


328 


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




Germany


335 




Latvia


46 




Lithuania


23 




Spain


4 486 




Portugal


1 875  (41)





Union


7 093  (42)





TAC


12 098 














(e)


the entry for redfish in NAFO 3LN is replaced by the following














‘Species


:


Redfish

Sebastes spp.













Zone


:


NAFO 3LN
(RED/N3LN.)








Estonia


297 


 




Germany


203 


 




Latvia


297 


 




Lithuania


297 


 




Portugal


0  (43)



 




Union


1 094  (44)



 




TAC


6 000 


 














(f)


the entry of redfish in NAFO 3M is replaced by the following:














‘Species


:


Redfish

Sebastes spp.













Zone


:


NAFO 3M
(RED/N3M.)








Estonia


1 571  (45)



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




Germany


513  (45)





Spain


233  (45)





Latvia


1 571  (45)





Lithuania


1 571  (45)





Portugal


2 354  (45)
 (46)





Union


7 813  (45)
 (47)





TAC


6 500  (45)















(g)


the entry for redfish in NAFO 3O is replaced by the following:














‘Species


:


Redfish

Sebastes spp.













Zone


:


NAFO 3O
(RED/N3O.)








Spain


1 771 


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




Portugal


5 229 




Poland


0  (48)





Union


7 000  (49)





TAC


20 000 


















5.


Annex IJ is replaced by the following:



                                 ‘ANNEX IJ

SPRFMO CONVENTION AREA















Species


:


Jack mackerel

Trachurus murphyi














Zone


:


SPRFMO Convention Area
(CJM/SPRFMO)








Germany


6 790,5 


 




The Netherlands


7 360,2 


 




Lithuania


4 725 


 




Poland


8 124,3 


 




Union


27 000 ’.


 
















6.


In Annex VI, point 2 is replaced by the following:






‘2.


Maximum number of EU vessels authorised to fish for swordfish and albacore in the IOTC Convention Area:


ANNEX VI

IOTC CONVENTION AREA









1.


Maximum number of EU vessels authorised to fish for tropical tunas in the IOTC Convention Area







Member State


Maximum number of vessels


Capacity (gross tonnage)




Spain


22 


61 364 




France


22 


33 604 




Portugal


5 


1 627 




Union


49 


96 595 
















2.


Maximum number of EU vessels authorised to fish for swordfish and albacore in the IOTC Convention Area







Member State


Maximum number of vessels


Capacity (gross tonnage)




Spain


27 


11 590 




France


41 


5 382 




Portugal


15 


6 925 




United Kingdom


4 


1 400 




Union


87 


25 297 
















3.


The vessels referred to in point 1 shall also be authorised to fish for swordfish and albacore in the IOTC Convention Area.












4.


The vessels referred to in point 2 shall also be authorised to fish for tropical tunas in the IOTC Convention Area.






                                 ’.









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

(2)  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.

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

(4)  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.’;

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

(6)  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.’;

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

(8)  To be fished in EU waters of IIa, IV, Vb, VI and VII (BLI/*24X7C).

(9)  Special rules apply in accordance with Article 1 of Regulation (EC) No 1288/2009 (10) and point 7 of Annex III to Regulation (EC) No 43/2009 (11).

(10)  
            OJ L 347, 24.12.2009, p. 6.

(11)  
            OJ L 22, 26.1.2009, p. 1.’;

(12)  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.

(13)  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.’;

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

(15)  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.

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

(17)  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.).

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

(19)  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).

(20)  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.

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

(22)  Including sandeel.

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

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

(25)  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).’;

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

(27)  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.).

(28)  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).’.

(29)  TAC set in accordance with consultations among the Union, Faroe Islands, Norway and Iceland.’;

(30)  Of which 2 900 tonnes are allocated to Norway.’;

(31)  Including unavoidable by-catches (cod not allowed).

(32)  May only be fished between July and December 2012.’;

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

(34)  Out of this quota, a quantity of 133 tons is deducted following a transfer of fishing opportunity to a third country.

(35)  To this quota, an additional quantity of 131,5 tons is added following transfers of fishing opportunities with third countries.

(36)  Out of this quota, a quantity of 1,5 tons is deducted following transfers of fishing opportunities with third countries.’;

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







Point No


Latitude N


Longitude W




1


47° 20′ 0


46° 40′ 0




2


47° 20′ 0


46° 30′ 0




3


46° 00′ 0


46° 30′ 0




4


46° 00′ 0


46° 40′ 0





(38)  To this quota, an additional quantity of 266 tons is added following a transfer of fishing opportunity from a third country.

(39)  To this quota, an additional quantity of 133 tons is added following a transfer of fishing opportunity from a third country.

(40)  To this quota, an additional quantity of 399 tons is added following transfers of fishing opportunities from third countries.’;

(41)  To this quota, an additional quantity of 10 tons is added following a transfer of fishing opportunity from a third country.

(42)  To this quota, an additional quantity of 10 tons is added following a transfer of fishing opportunity from a third country.’;

(43)  To this quota, an additional quantity of 454 tons is added following a transfer of fishing opportunity from a third country.

(44)  To this quota, an additional quantity of 454 tons is added following a transfer of fishing opportunity from a third country.’;

(45)  This quota is subject to compliance with the TAC of 6 500 tonnes established for this stock for all NAFO Contracting Parties. Upon exhaustion of the TAC, the directed fishery for this stock must be stopped irrespective of the level of catches.

(46)  To this quota, an additional quantity of 675 tons is added following a transfer of fishing opportunity from a third country.

(47)  To this quota, an additional quantity of 675 tons is added following a transfer of fishing opportunity from a third country.’;

(48)  To this quota, an additional quantity of 150 tons is added following a transfer of fishing opportunity from a third country.

(49)  To this quota, an additional quantity of 150 tons is added following a transfer of fishing opportunity from a third country.’.