Proposal for a COUNCIL REGULATION fixing for 2013 and 2014 the fishing opportunities for EU vessels for certain deep-sea fish stocks
Date: 2012-10-09
Institutions: European Commission
Subjects: EU Member State, authorised catch, catch by species, catch quota, conservation of fish stocks, fishing area, fishing controls, fishing rights, sea fish, sea fishing, ship's flag

EUROPEAN 
COMMISSION 

Brussels, 9.10.2012  
COM(2012) 579 final 

2012/0282 (NLE) 

Proposal for a 

COUNCIL REGULATION 

fixing for 2013 and 2014 the fishing opportunities for EU vessels for certain deep-sea fish 
stocks 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

Deep-sea stocks are fish stocks caught in waters beyond the main fishing grounds of continental 
shelves. They are distributed on the continental slopes or  associated with  seamounts. Most of 
these  species  are  slow-growing  and  long-lived,  which  makes  them  particularly  vulnerable  to 
fishing activity. Another imporant element in a species' vulnerability to fishing is whether it can 
be  targeted  in  local  aggregations,  particularly  at  the  time  of  spawning.  This  is  the  case  for 
orange roughy, blue ling and alfonsinos.  

As  for  all  wild  fish  stocks,  leaving  deep-sea  fisheries  unrestricted  leads  to  a  race  by  fishing 
undertakings  to  take  possession  of  a  free  resource,  without  having  sufficient  regard  to  the 
sustainable  level  of  exploitation.  This  has  been  clearly  the  case  for  some  deep-sea  species 
before  regulation  by  the  European  Union  commenced  in  2003.  For  example,  the  valuable 
orange  roughy  in  north-western  waters  is  considered  depleted,  as  well  as  the  valuable  red 
seabream  in  the  Bay  of  Biscay.  Therefore,  limiting  the  fishing  activity  is  a  necessary  public 
intervention  in  order  to  prevent  the  erosion  of  income  for  fishermen,  to  develop  exploitation 
towards higher long-term yields, and to reduce the impact on the ecosystem and food web as a 
consequence of sudden reductions in the size of certain fish populations. In the case of deep-sea 
species, the public intervention is of particular importance due to the fact that the recovery from 
depletion of slow-growing stocks might take a very long time or might even fail.  

The International Council for the Exploration of the Sea (ICES) provides a thorough review of 
the  biological  status  of  deep  sea  stocks  every  two  years.  The  latest  advice  was  given  in  June 
2012. This proposal for fixing fishing opportunities is based on the further review undertaken 
by  the  Scientific,  Technical  and  Economic  Committee  for  Fisheries  (STECF)  in  July  2012, 
following the work of ICES. This provides the groundwork for fixing fishing opportunities for 
deep  sea  stocks  in  accordance  with  the  principle  embodied  in  Article  2(2)(b)  of  Council 
Regulation (EC) No 2371/2002, whereby decision-making under the Common fisheries Policy 
must be based on sound scientific advice which delivers timely results. 

The  Commission  has  therefore  established  the  practice  of  tabling  proposals  for  fishing 
opportunities  regulations  at  the  pace  that  scientific  advice  becomes  available.  In  addition,  the 
Commission  has  assessed  the  effectiveness  of  the  general  access  regime  to  deep-sea  stocks 
(Council  Regulation  (EC)  No  2347/2002  of  16  December  2002  establishing  specific  access 
requirements and associated conditions applicable to fishing for deep-sea stocks1), and carried 
out  an  impact  assessment  of  options  to  reinforce  this  regime,  including  a  wide  consultation 
process.  On  that  basis,  the  Commission  has  tabled  on  19  July  2012  a  proposal  revising  the 
access regime, which includes a reinforced licensing system and  a gradual phase-out of  those 
fishing  gears  that  specifically  target  deep  sea  species  in  a  less  sustainable  manner,  namely 
bottom trawls and bottom-set gillnets. The Commission has also proposed specific requirements 
for the collection of data from deep-sea fishing activities. 

General context 

1 

OJ L 351, 28.12.2002, p. 6. 

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Fishing  for  deep-sea  species  is  regulated  by  the  European  Union  since  2003  in  terms  of  total 
allowable  catches  (TACs)  per  species  and  area,  and  in  terms  of  maximum  fishing  effort 
deployable in the North-East Atlantic. For 2011 and 2012 the total allowable catches of certain 
deep sea species were established in Council Regulation (EU) No 1225/2010 of 13 December 
2010 fixing for 2011 and 2012 the fishing opportunities for EU vessels for fish stocks of certain 
deep-sea fish species2. In all cases, with only two exceptions, available information on the deep-
sea  stocks  covered  by  this  proposal  does  not  allow  scientists  to  fully  assess  the  stock  status, 
neither  in  terms  of  population  size  nor  fishing  mortality.  There  are  several  reasons  for  this: 
these  species  are  often  very  long-lived  and  slow-growing,  making  it  extremely  difficult  to 
structure  the  stock  into  age  classes  and  to  assess  the  effect  of  fishing  on  the  stock  through 
changes in the length or age structure of catches. The frequency of recruitment of young fish to 
the stocks is not known. The stocks are widely distributed in depths that are difficult to examine 
for  practical  reasons.  Data  from  scientific  surveys  are  often  not  available  due  to  the  reduced 
commercial  importance  of  these  stocks,  or  do  not  cover  the  whole  distribution  area.  Fishing 
activities are only partly focusing on these species and some have a relatively short history. 

Despite  these  intrinsic  difficulties,  the  scientific  advice  delivered  by  ICES  in  June  2012  and 
STECF in July 2012 has made progress, notably in respect of the stocks that offer the largest 
fishing  opportunities.  For  the  main  stock  of  roundnose  grenadiers,  it  has  been  possible  to 
identify levels of fishing that, if complied with, will bring the resource to maximum sustainable 
yield  (MSY).  For  another  important  species,  black  scabbardfish,  the  advice,  albeit  based  on 
trends  and  not  on  a  full  estimate  of  the  status  of  the  stock,  provides  precise  indications  as  to 
how to achieve MSY in 2015. This brings about clear management objectives that can form the 
basis for a long-term sustainable use of these stocks. 

The fixing and sharing of possibilities for fishing falls exclusively within the competence of the 
Union.  The  obligations  concerning  sustainable  exploitation  of  living  aquatic  resources  are  set 
out  in  Article  2  of  Regulation  (EC)  No  2371/2002.  Such  fishing  opportunities  should  be  in 
accordance  with  international  agreements,  inter  alia  the  1995  United  Nations  agreement 
concerning  the  conservation  and  management  of  straddling  fish  stocks  and  highly  migratory 
fish stocks (hereinafter "the 1995 UN Fish stocks agreement"). In particular, the regulator needs 
to be more cautious when information is uncertain, unreliable or inadequate. Pursuant to Article 
6(2) of the 1995 UN Fish Stocks Agreement the absence of adequate scientific information is 
not  to  be  used  as  a  reason  for  postponing  or  failing  to  take  conservation  and  management 
measures. 

The  TAC  adjustments  foreseen  in  this  proposal  follow  the  guidance  set  out  in  the  scientific 
advice and reflect the management principles laid down in the 1995 UN Fish stocks agreement 
and  the  2008  International  Guidelines  for  the  Management  of  Deep-sea  Fisheries  in  the  High 
Seas  of  the  Food  and  Agriculture  Organisation  of  the  United  Nations,  which  have  been 
confirmed  by  successive  Resolutions  of  the  UN  General  Assembly  (Resolutions  61/105  in 
2007, 64/72 in 2009, and most recently, 66/231 in 2011).  

While  a  number  of  deep-sea  stocks  are  exploited  also  by  other  fishing  nations,  in  particular 
Norway, Iceland, the Faroes Islands and Russia, and while it is necessary to seek agreement on 
harmonised  management  measures  together  with  those  fishing  nations  or,  as  far  as  stocks 
inhabit  international  waters,  within  the  North-East  Atlantic  Fisheries  Commission  (NEAFC), 
unilateral  measures  applicable  to  vessels  of  the  European  Union  are  needed  until  those 
agreements are reached, in order to avoid the negative consequences of unregulated fisheries as 

2 

OJ L 336, 21.12.2010, p. 1 

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described above.  

Existing provisions in the area of the proposal 

The existing provisions in the area of the proposal are established in Council Regulation (EU) 
No  1225/2010  and  applicable  until  31  December  2012.  They  are  linked  to  the  already 
mentioned  Council  Regulation  (EC)  No  2347/2002,  which  lists  in  Annex  I  the  commercially 
most important deep-sea species for which the Commission seeks to have catch limitations. 

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. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The  proposal  has  been  developed  based  on  the  principles  and  guidance  set  out  in  the 
Commission's  Communication  from  the  Commission  concerning  a  Consultation  on  Fishing 
Opportunities for 2013 (COM(2012)278 final)), in which the Commission explained its views 
and intentions concerning its proposals for fishing opportunities in 2013 for all stocks. As stated 
in  its  title,  the  Commission  carries  out  a  wide  consultation  of  stakeholders,  civil  society, 
Member States and the public at large based on this Communication.  

 Collection and use of expertise 

Fisheries biology and fisheries economics are the scientific/expertise domains concerned. The 
Commission  consulted  ICES,  an  international  independent  scientific  body,  and  organised  the 
plenary meeting of the STECF. Advice from ICES is based on an advice framework developed 
within  ICES  and  used  in  accordance  with  from  the  Memorandum  of  Understanding  between 
ICES  and  the  Commission,  which  is  one  of  ICES'  clients.  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  its  website.  All  ICES  reports  are 
available on its website 

For many of the stocks covered by this proposal, there are insufficient data to demonstrate the 
sustainability  of  the  fisheries.  The  scientific  advice  in  these  cases  follows  the  precautionary 
principle and the advice that recommends reducing the catches from recent levels until signs of 
population increase become evident. Precise indications as to the level of catch reductions are 
provided.  This  advice  is  considered  directional,  providing  guidance  on  the  levels  at  which 
TACs  should  be  set.  As  a  general  approach,  and  in  light  of  the  precautionary  principle,  the 
Commission sees a need to propose TAC reductions that go in this direction, in the proportion 
suggested by the advice.  

Among the 24 TAC entries in this regulation, several of them concern a very limited tonnage. 
For these small TACs, precautionary reductions are advised. However, existing quotas are small 

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and  intended  to  cover  inevitable  by-catches,  and  for  this  reason,  the  TACs  as  they  currently 
stand are maintained in order to avoid creating an obligation to discard. This concerns notably 
blue  ling,  roundnose  grenadiers  and  black  scabbardfish  by-catches  outside  the  main  fishery 
areas.  

As  for  the  stocks  where  the  situation  continues  to  be  of  particular  concern,  the  current  zero 
TACs  are  continued,  as  advised.  These  include  the  stocks  oforange  roughy,  assessed  as 
depleted. As regards the stocks of deep-sea sharks, new scientific advice is expected by early 
October, and thus they appear as “pro memoria” (pm) in this proposal. 

Blue ling and red seabream are deemed to be in poor state. For them, as well as for alfonsinos 
and forkbeards, precautionary reductions of the catch are advised. 

In  contrast,  the  advice  is  rather  positive  concerning  the  stocks  in  this  proposal  that  support 
targeted fisheries, namely the main roundnose grenadier and black scabbardfish fisheries. After 
consecutive  reductions  of  fishing  opportunities,  the  2012  scientific  advice  confirms  the 
tendency already observed two years ago that the exploitation levels of these two stocks over a 
number of years do not seem to have had a detrimental effect on their status. This year, ICES 
and  STECF  have  been  able  to  complete  a  more  precise  evaluation  of  the  state  of  these 
resources, suggesting their good status. This allows a raise in the fishing opportunities for black 
scabbardfish  and  a  stable  level  of  catches  in  the  case  of  the  larger  stock  of  grenadier  in  the 
western waters. The on-going revision and improvement of the deep sea fisheries access regime 
comes into play as the means to develop the necessary measures to encourage fishing strategies 
that mitigate negative effects on vulnerable marine ecosystems and reduce discards. 

Where  important  parts  of  the  advised  catch  are  made  by  non-Member  States,  this  has  been 
taken  into  account  and  the  advice  has  been  applied  to  EU  fisheries  according  to  their 
development. 

Impact assessment 

Fishing opportunities have to be fixed as required by Article 43(3) TFEU.  

The  proposal  does  not  only  concern  short-term  decisions  but  is  also  part  of  a  longer  term 
approach whereby the level of fishing is gradually reduced to long-term sustainable levels. The 
approach  taken  in  the  proposal  will  in  the  short-term  result  in  reduced  TACs  but,  as  the 
overexploited stocks recover, the fishing opportunities should be stable or increase, depending 
on  the  precautionary  advice.  The  medium  to  long-term  consequences  of  the  approach  are 
predicted to be a reduced impact on the environment as a consequence of the decline in fishing 
effort, reductions in the number of vessels and/or in the average fishing effort per vessel, and 
unchanged  or  increased  landings  of  those  species  that  will  have  shown  to  sustain  continuous 
fishing  activity.  The  reduction  achieved  in  fishing  effort  and  fleet  size  dedicated  to  deep-sea 
fisheries since 2003 shows that this policy is being implemented in practice. Some first positive 
signals  from  the  stock  indices  confirm  that  the  expectations  of  the  medium  to  long  term 
consequences are still valid. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The proposal establishes by way of a Regulation, for EU fishing fleets, the catch limitations 
for the commercially most important deep-sea species in EU and international waters of the 
North-East  Atlantic,  in  order  to  achieve  the  objective  of  the  Common  Fisheries  Policy  of 

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ensuring  fisheries  at  levels  that  are  biologically,  economically  and  socially  sustainable.  It  is 
based  on  Article  43(3)  TFEU.  The  proposal  falls  under  the  Union  exclusive  competence  as 
referred to in Article 3(1)(d) TFEU. The subsidiarity principle therefore does not apply. 

The  proposal  complies  with  the  proportionality  principle  for  the  following  reason:  the 
Common  Fisheries  Policy  is  a  common  policy.  According  to  Article  43(3)  TFEU  it  is 
incumbent  upon  the  Council  to  adopt  the  measures  on  the  fixing  and  allocation  of  fishing 
opportunities.  

Having regard to Article 20(3) of Regulation (EC) No 2371/2002 Member States are free to 
allocate  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  two  years,  and  the  public  and  private  means  to  implement  it  are 
already in place. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implications for the EU budget. 

5. 

ADDITIONAL INFORMATION 

Simplification 

The  proposal  does  in  general  neither  simplify  the  management  of  fishing  quotas,  nor  does  it 
complicate it.  

Review/revision/sunset clause 

The proposal concerns a regulation covering the years 2013 and 2014. The management tools 
and levels of fishing opportunities will be reviewed during 2014 at the latest in order to prepare 
a successor regulation. A revision clause in this regulation is not necessary. 

Detailed explanation of the proposal 

The TFEU establishes under Article 43(3) that the Council shall adopt measures "on the fixing 
and  allocation  of  fishing  opportunities"  on  a  proposal  from  the  Commission.  This  proposal  is 
limited to the fixing and allocation of fishing opportunities and conditions functionally linked to 
the use of those fishing opportunities.  

As regards catch limitations, the proposal is in accordance with the principles for the so called 
frontloading  process  which  are  set  out  in  the  Communication  from  the  Commission  on 
improving consultation on Community fisheries management (COM(2006)246final) and in the 
Communication from the Commission concerning a Consultation on Fishing Opportunities for 
2013  (COM(2012)278  final)),  which  set  out  the  views  and  intentions  of  the  Commission 
concerning its proposals for fishing opportunities, pending the scientific advice on the state of 
the stocks for 2013. Section 6 of this Communication sets out the Commission's views on how 
to  fix  fishing  opportunities,  and  such  rules  have  been  followed  in  the  development  of  this 

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proposal in respect of the 24 TAC entries it contains, as follows:  

• 

• 

• 

Where  scientific  advice  is  provided  based  on  comprehensive  data  and  quantitative 
analysis and forecasts according to the ICES "MSY framework"  TACs should be set 
according to scientific advice. When such advice is available it should be directly used 
to  fix  levels  of  quotas  or  fishing  effort,  though  a  gradual  implementation  of  this 
framework by 2015 could be accepted where this is compatible with the advice. Two 
TAC entries for roundnose grenadier are concerned by this guidance in this proposal. 

Where  indicative  scientific  advice  is  provided  based  on  qualitative  analysis  of 
available information (even if this is incomplete or incorporates expert judgement) this 
should be used as a basis for TAC decisions: TAC cuts for 8 TAC entries are proposed 
in  accordance  with  this  guidance  in  this  proposal.  In  the  case  of  2  entries  for  black 
scabbardfish, following this guidance implies an increase in the TAC. 

Where  there  is  no  scientific  advice  at  all  there  is  a  need  to  follow  the  precautionary 
approach: this affects 11 TAC entries in this proposal, including six with precautionary 
zero TACs. 

The  proposal  is  furthermore  in  line  with  the  Communication  from  the  Commission  on 
implementing 
sustainable  yield 
fisheries 
(COM(2006)360final).  

through  maximum 

sustainability 

in  EU 

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2012/0282 (NLE) 

Proposal for a 

COUNCIL REGULATION 

fixing for 2013 and 2014 the fishing opportunities for EU vessels for certain deep-sea fish 
stocks 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

According  to  Article  43(3)  of  the  Treaty  the  Council,  on  a  proposal  from  the 
Commission, is to adopt 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  Policy3 
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  group  of  fisheries,  including  certain  conditions 
functionally  linked  thereto,  where  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  by  Regulation  (EC)  No 
2371/2002. 

The total allowable catches (TACs) should be established on the basis of the available 
scientific  advice,  by  taking  into  account  the  biological  and  socioeconomic  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  those  of  the 
the Regional Advisory Councils concerned. 

(5) 

Fishing  opportunities  should  be  in  accordance  with  international  agreements  and 
principles,  such  as  the  1995  United  Nations  agreement  concerning  the  conservation 

3 

OJ L 358, 31.12.2002, p. 59. 

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(6) 

(7) 

(8) 

and  management  of  straddling  stocks  and  highly  migratory  fish  stocks4,  and  the 
detailed  management  principles  laid  down  in  the  2008  Inter-national  Guidelines  for 
the Management of Deep-sea Fisheries in the High Seas of the Food and Agriculture 
Organisation  of  the  United  Nations,  according  to  which,  in  particular,  a  regulator 
should be more cautious when information is uncertain, unreliable or inadequate. The 
absence  of  adequate  scientific  information  should  not  be  used  as  a  reason  for 
postponing or failing to take conservation and management measures. 

The  latest  scientific  advice  from  the  International  Council  for  the  Exploration  of  the 
Sea  (ICES)  and  from  the  STECF  indicates  that  most  deep-sea  stocks  are  harvested 
unsustainably  and  that  fishing  opportunities  for  those  stocks,  in  order  to  assure  their 
sustainability, should be reduced until the evolution of the stock sizes show a positive 
trend.  The  ICES  has  further  advised  that  no  directed  fishery  should  be  allowed  for 
orange roughy in all areas and for certain stocks of blue ling and red seabream. 

The  fishing  opportunities  for  deep-sea  species,  as  listed  in  Annex  I  to  Council 
Regulation  (EC)  No  2347/2002  of  16  December  2002  establishing  specific  access 
requirements  and  associated  conditions  applicable  to  fishing  for  deep-sea  stocks5, 
cover  two  years,  except  for  certain  stocks  of  blue  ling  and  greater  silver  smelt. 
Currently  Council  Regulation  (EU)  No  1225/2010  fixes  the  fishing  opportunities  for 
2011 and 2012. 

In  accordance  with  Council  Regulation  (EC)  No  847/96  of  6  May  1996  introducing 
additional  conditions  for  year-to-year  management  of  TACs  and  quotas6,  and  in 
particular  Article  1(1)  and  Article  2  thereof,  when  fixing  TACs  the  Council  is  to 
decide which stocks are subject to a precautionary TAC and which stocks are subject 
to  an  analytical  TAC.  Precautionary  TACs  should  apply  for  stocks  for  which  no 
scientifically-based evaluation of fishing opportunities is available specifically for the 
year in which the TACs are to be set; analytical TACs shall apply otherwise. In view 
of  ICES  and  STECF  advice,  notably  the  prevalent  absence  of  a  full  science-based 
evaluation  of the relevant fishing  opportunities,  the  majority  of  the  stocks  concerned 
by this Regulation should be subject to precautionary TACs. 

(9) 

To ensure the livelihood of Union fishermen, it is important to open these fisheries on 
1 January 2013, 

HAS ADOPTED THIS REGULATION: 

Article 1 
Subject matter 

This Regulation fixes for the years 2013 and 2014 the annual fishing opportunities available 
to EU vessels for fish stocks of certain deep-sea species in EU waters and in certain non-EU 
waters where catch limits are required. 

4 

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6 

Agreement on the implementation of the provisions of the United Nations Convention on the Law of 
the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and 
highly migratory fish stocks (OJ L 189, 3.7.1998, p. 16). 
OJ L 351, 28.12.2002, p. 6. 
OJ L 115, 9.5.1996, p. 3. 

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1. 

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

Article 2 
Definitions 

(a) 

(b) 

(c) 

(d) 

(e) 

‘EU  vessel’  means  a  fishing  vessel  flying  the  flag  of  a  Member  State  and 
registered in the Union; 

‘EU  waters’  means  the  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, a Member State 
or a third country; 

‘international  waters’  means  waters  falling  outside  the  sovereignty  or 
jurisdiction of any State. 

2. 

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

(a) 

ICES  (International  Council  for  the  Exploration  of  the  Sea)  zones  are  the 
geographical areas specified in Annex III to Regulation (EC) No 218/20097; 

(b)  CECAF  (Committee  for  Eastern  Central  Atlantic  Fisheries)  zones  are  the 
geographical areas specified in Annex II to Regulation (EC) No 216/20098; 

Article 3 
TACs and allocations 

The  TACs  for  deep-sea  species  caught  by  EU  vessels  in  EU  waters  or  in  certain  non-EU 
waters,  the  allocation  of  such  TACs  among  Member  States  and  the  conditions  functionally 
linked thereto, where appropriate, are set out in the Annex to this Regulation. 

Article 4 
Special provisions on allocations 

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; 

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8 

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  (OJ  L  87, 
31.3.2009, p. 70). 
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 (OJ L 87, 31.3.2009, p. 1). 

EN 

10 

   EN 

 
                                                 
(b)  deductions  and  reallocations  made  pursuant  to  Article  37  of  Council 
Regulation  (EC)  No  1224/20099  or  pursuant  to  Article  10(4)  of  Council 
Regulation (EC) No 1006/200810; 

(c) 

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

(d)  quantities withheld pursuant to 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. 

2. 

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

Article 6 
Conditions for landing catches and by-catches 

Fish from stocks for which TACs are established shall be retained on board or landed only if 
the catches have been taken by vessels flying the flag of a Member State having a quota and 
that quota is not exhausted. 

Article 7 
Entry into force 

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

It shall apply from 1 January 2013. 

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

Done at Brussels,  

For the Council 
The President 

9 
10 

OJ L 343, 22.12.2009, p. 1. 
OJ L 286, 29.10.2008, p. 33. 

EN 

11 

   EN 

 
 
 
                                                 
The references to fishing zones are references to ICES zones, unless otherwise specified. 

ANNEX 

PART 1 

Definition of species and species groups 

1. 

In  the  list  set  out  in  Part  2  of  this  Annex,  fish  stocks  are  referred  to  following  the 
alphabetical  order of  the  Latin  names  of the species. However, deep-sea sharks are 
placed  at  the  beginning  of  that  list.  A  table  of  correspondences  of  common  names 
and Latin names is given below for the purposes of this Regulation: 

Common name 

Scientific name 

Black scabbardfish 

Aphanopus carbo 

Alfonsinos 

Beryx spp. 

Roundnose grenadier 

Coryphaenoides rupestris 

Orange roughy 

Blue ling 

Red seabream 

Hoplostethus atlanticus 

Molva dypterygia 

Pagellus bogaraveo 

Greater Forkbeard 

Phycis blennoides 

EN 

12 

   EN 

 
2. 

For  the  purposes  of  this  Regulation,  'deep-sea  sharks'  means  the  following  list  of 
species: 

Common name 

Deep-water catsharks 

Frilled shark 

Gulper shark 

Scientific name 

Apristurus spp. 

Chlamydoselachus anguineus 

Centrophorus granulosus 

Leafscale gulper shark 

Centrophorus squamosus 

Portuguese dogfish 

Centroscymnus coelolepis 

Longnose velvet dogfish 

Centroscymnus crepidater 

Black dogfish 

Birdbeak dogfish 

Kitefin shark 

Centroscyllium fabricii 

Deania calcea 

Dalatias licha 

Greater lanternshark 

Etmopterus princeps 

Velvet belly 

Etmopterus spinax 

Blackmouth catshark (Blackmouth dogfish) Galeus melastomus 

Mouse catshark 

Six-gilled shark 

Galeus murinus 

Hexanchus griseus 

Sailfin roughshark (Sharpback shark) 

Oxynotus paradoxus 

Knifetooth dogfish 

Scymnodon ringens 

Greenland shark 

Somniosus microcephalus 

EN 

13 

   EN 

 
 
 
PART 2 

Annual fishing opportunities applicable for EU vessels 

in areas where TACs exist by species 

and by area (in tonnes live weight) 

Species: 

Deep-sea sharks 

Zone: 

EU and international waters of V, VI, 

Year 

Germany 

Estonia 

Ireland 

Spain 

France 

Lithuania 

Poland 

Portugal 

United Kingdom 

Union 

TAC 

2013 

2014 

Precautionary TAC 

VII, VIII and IX (DWS/56789-) 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

pm

pm

pm

pm

pm

pm

pm

pm

pm

pm

EN 

14 

   EN 

 
 
 
 
 
Species: 

Deep-sea sharks 

Zone: 

EU and international waters of X 

Year 

Portugal 

Union 

TAC 

2013 

2014 

Precautionary TAC 

(DWS/10-) 

pm 

pm 

pm 

pm 

pm 

pm 

Species: 

Deep-sea sharks, Deania hystricosa and 

Zone: 

International waters of XII (DWS/12INT-

Year 

Ireland 

Spain 

France 

United Kingdom 

Union 

TAC 

Deania profundorum 

) 

2013 

2014 

Precautionary TAC 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

EN 

15 

   EN 

 
 
 
 
 
 
 
 
 
 
 
Species: 

Black scabbardfish 

Zone: 

EU and international waters of I, II, III 

Year 

Germany 

France 

United Kingdom 

Union 

TAC 

Aphanopus carbo 

and IV (BSF/1234-) 

2013 

2014 

Precautionary TAC 

 3 

 3 

 3 

 9 

 9 

 3 

 3 

 3 

 9 

 9 

Species: 

Black scabbardfish 

Zone: 

EU and international waters of V, VI, VII 

Aphanopus carbo 

and XII (BSF/56712-) 

Year 

Germany 

Estonia 

Ireland 

Spain 

France 

Latvia 

Lithuania 

Poland 

United Kingdom 

Others(1) 

Union 

TAC 

(1) 

2013 

 30 

 15 

 75 

 149 

2 090 

 97 

 1 

 1 

 149 

 8 

2 615 

2014 

Precautionary TAC 

 36 

 18 

 90 

 178 

2 510 

 117 

 1 

 1 

 178 

 9 

3 138 

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

2 615 

 3138 

EN 

16 

   EN 

 
 
 
 
 
 
 
 
Species: 

Black scabbardfish 

Zone: 

EU and international waters of VIII, IX 

Aphanopus carbo 

and X (BSF/8910-) 

Year 

Spain 

France 

Portugal 

Union 

TAC 

2013 

 11 

 27 

3 477 

3 515 

2014 

Precautionary TAC 

 12 

 29 

3 650 

3 691 

3 515 

3 691 

Species: 

Black scabbardfish 

Zone: 

EU and international waters of 

Aphanopus carbo 

CECAF 34.1.2. (BSF/C3412-) 

Year 

Portugal 

Union 

TAC 

2013 

3 094 

3 094 

3 094 

2014 

Precautionary TAC 

2 475 

2 475 

2 475 

EN 

17 

   EN 

 
 
 
 
 
 
 
 
Species: 

Year 

Ireland 

Spain 

France 

Portugal 

United Kingdom 

Union 

TAC 

Alfonsinos 

Beryx spp. 

2013 

 9 

 69 

 19 

 199 

 9 

 305 

305 

Zone: 

EU and international waters of III, IV, V, 

VI, VII, VIII, IX, X, XII and XIV 

(ALF/3X14-) 

2014 

Precautionary TAC 

 9 

 63 

 17 

 182 

 9 

 280 

280 

Species: 

Roundnose grenadier 

Zone: 

EU and international waters of I, II and 

Year 

Denmark 

Germany 

France 

United Kingdom 

Union 

TAC 

Coryphaenoides rupestris 

IV (RNG/124-) 

2013 

2014 

Precautionary TAC 

 1 

 1 

 10 

 1 

 13 

 13 

 1 

 1 

 10 

 1 

 13 

 13 

EN 

18 

   EN 

 
 
 
 
 
 
 
 
Species: 

Roundnose grenadier 

Zone: 

Coryphaenoides rupestris 

EU and international waters of III 
(RNG/03-)(1) 

Year 

Denmark 

Germany 

Sweden 

Union 

TAC 

2013 

 643 

 4 

 33 

 680 

 680 

2014 

Precautionary TAC 

 515 

 3 

 26 

 544 

 544 

(1) 

No directed fishery for roundnose grenadier shall be conducted in ICES zone IIIa pending consultations between the European Union and Norway. 

Species: 

Roundnose grenadier 

Zone: 

EU and international waters of Vb, VI, 

Coryphaenoides rupestris 

VII (RNG/5B67-) 

2013(1) 

2014(1) 

Analytical TAC 

5 

43 

190 

48 

2 409 

55 

28 

141 

5 

4 500 

4 500 

5 

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

38 

apply. 

165 

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

41 

apply. 

2 096 

48 

25 

123 

5 

4 500 

4 500 

Year 

Germany 

Estonia 

Ireland 

Spain 

France 

Lithuania 

Poland 

United Kingdom 
Others(2) 

Union 

TAC 

(1) 

(2) 

A maximum of 8 % of each quota may be fished in EU and international waters of VIII, IX, X, XII and XIV (RNG/*8X14-). 
Exclusively for by-catches. No directed fisheries are permitted under this quota. 

EN 

19 

   EN 

 
 
 
 
 
 
 
 
Species: 

Roundnose grenadier 

Zone: 

EU and international waters of VIII, IX, 

Coryphaenoides rupestris 

X, XII and XIV (RNG/8X14-) 

2013(1) 

2014(1)  Precautionary TAC 

 22 

 5 

2 405 

 111 

 39 

 5 

 753 

 10 

3 350 

3 350 

 19 

 4 

2 047 

 94 

 33 

 4 

 641 

 8 

2 850 

2 850 

Year 

Germany 

Ireland 

Spain 

France 

Latvia 

Lithuania 

Poland 

United Kingdom 

Union 

TAC 

(1) 

A maximum of 8 % of each quota may be fished in EU and international waters of Vb, VI, VII (RNG/*5B67-). 

Species: 

Orange roughy 

Zone: 

EU and international waters of VI 

Year 

Ireland 

Spain 

France 

United Kingdom 

Union 

TAC 

Hoplostethus atlanticus 

(ORY/06-) 

2013 

2014 

Precautionary TAC 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

EN 

20 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Orange roughy 

Zone: 

EU and international waters of VII 

Year 

Ireland 

Spain 

France 

United Kingdom 

Others 

Union 

TAC 

Hoplostethus atlanticus 

(ORY/07-) 

2013 

2014 

Precautionary TAC 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

Species: 

Orange roughy 

Zone: 

EU and international waters of I, II, III, 

Hoplostethus atlanticus 

IV, V, VIII, IX, X, XII and XIV 

(ORY/1CX14) 

2013 

2014 

Precautionary TAC 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

 0 

Year 

Ireland 

Spain 

France 

Portugal 

United Kingdom 

Union 

TAC 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
 
Species: 

Blue ling 

Zone: 

EU and international waters of II and IV 

Molva dypterygia 

(BLI/24-) 

2013 

2014 

Precautionary TAC 

 3 

 3 

 3 

 21 

 12 

 3 

 45 

 45 

 3 

 3 

 3 

 14 

 10 

 3 

 36 

36 

Year 

Denmark 

Germany 

Ireland 

France 

United Kingdom 
Others(1) 

Union 

TAC 

(1) 

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

Species: 

Blue ling 

Zone: 

EU and international waters of III 

Year 

Denmark 

Germany 

Sweden 

Union 

TAC 

Molva dypterygia 

(BLI/03-) 

2013 

2014 

Precautionary TAC 

 3 

 1 

 3 

 6 

 6 

 2 

 1 

 2 

 5 

5 

EN 

22 

   EN 

 
 
 
 
 
 
  
 
 
Species: 

Red seabream 

Pagellus bogaraveo 

Zone: 

EU and international waters of VI, VII 
and VIII (SBR/678-) 

Year 

Ireland 

Spain 

France 

United Kingdom 
Others(2) 

Union 

TAC 

(1) 

(2) 

Year 

Spain 

Portugal 

Union 

TAC 

(1) 

(2) 

2013(1) 

2014(1) 

Precautionary TAC 

 5 

 138 

 7 

 17 

 5 

 172 

 172 

 4 

 110 

 6 

 14 

 4 

 138 

138 

2013(1)(2) 

2014(1)(2) 

Precautionary TAC 

 491 

 133 

624 

624 

 393 

 107 

500 

500 

A minimum landing size of 35 cm (total length) shall be respected. However, 15 % of fish landed may have a minimum landing size of at least 30 cm (total length). 
Exclusively for by-catches. No directed fisheries are permitted under this quota. 

Species: 

Red seabream 

Pagellus bogaraveo 

Zone: 

EU and international waters of IX 
(SBR/09-) 

A minimum landing size of 35 cm (total length) shall be respected. However, 15 % of fish landed may have a minimum landing size of at least 30 cm (total length). 

A maximum of 8 % of each quota may be fished in EU and international waters of VI, VII and VIII (SBR/*678-). 

EN 

23 

   EN 

 
 
 
 
 
 
 
 
 
Species: 

Red seabream 

Zone: 

EU and international waters of X 

Pagellus bogaraveo 

(SBR/10-) 

Year 

Spain 

Portugal 

United Kingdom 

Union 

TAC 

2013 

 8 

 893 

 8 

 909 

909 

2014 

Precautionary TAC 

 6 

 715 

 6 

 727 

 727 

Species: 

Greater Forkbeard 

Zone: 

EU and international waters of I, II, III 

Year 

Germany 

France 

United Kingdom 

Union 

TAC 

Phycis blennoides 

and IV (GFB/1234-) 

2013 

2014 

Precautionary TAC 

 7 

 7 

 11 

 25 

 25 

 6 

 6 

 8 

 20 

 20 

EN 

24 

   EN 

 
 
  
 
 
 
 
 
 
Species: 

Greater Forkbeard 

Zone: 

EU and international waters of V, VI 

Year 

Germany 

Ireland 

Spain 

France 

United Kingdom 

Union 

TAC 

Phycis blennoides 

and VII (GFB/567-) 

2013(1) 

2014(1) 

Precautionary TAC 

 8 

 208 

 470 

 285 

 651 

1 622 

1 622 

 6 

 166 

 376 

 228 

 522 

1 298 

1 298 

(1) 

A maximum of 8 % of each quota may be fished in EU and international waters of VIII and IX (GFB/*89-). 

Species: 

Greater Forkbeard 

Zone: 

EU and international waters of VIII 

Year 

Spain 

France 

Portugal 

Union 

TAC 

Phycis blennoides 

and IX (GFB/89-) 

2013(1) 

2014(1) 

Precautionary TAC 

 194 

 12 

 8 

 214 

 214 

 155 

 10 

 6 

 171 

171 

(1) 

A maximum of 8 % of each quota may be fished in EU and international waters of V, VI, VII (GFB/*567-). 

EN 

25 

   EN 

 
 
 
 
 
 
 
 
Species: 

Greater Forkbeard 

Zone: 

EU and international waters of X and XII 

Year 

France 

Portugal 

United Kingdom 

Union 

TAC 

Phycis blennoides 

(GFB/1012-) 

2013 

2014 

Precautionary TAC 

 7 

 29 

 7 

 43 

 43 

 6 

 23 

 6 

 35 

 35 

EN 

26 

   EN