Proposal for a COUNCIL REGULATION fixing for 2013 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements
Date: 2012-10-23
Institutions: European Commission
Subjects: EU Member State, EU waters, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing, ship's flag

EUROPEAN 
COMMISSION 

Brussels, 23.10.2012  
COM(2012) 608 final 

2012/0292 (NLE) 

Proposal for a 

COUNCIL REGULATION 

fixing for 2013 the fishing opportunities available to EU vessels for certain fish stocks 
and groups of fish stocks which are not subject to international negotiations or 
agreements 

EN 

   EN 

 
 
 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Grounds and objectives 

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

The fishing opportunities exercise represents an annual management cycle (biennial in the case of 
deep  sea  stocks).  However,  this  does  not  stand  in  the  way  of  the  introduction  of  long-term 
management  approaches.  The  Union  has  made  good  progress  in  this  regard  and  key  stocks  of 
commercial  interest  are  now  subject  to  multi-annual  management  plans.  Yearly  TACs  and  effort 
ceilings must comply with them.  

Scope 

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

Situation of the stocks 

the  Commission  concerning  a  Consultation  on  Fishing  Opportunities 

The Commission has, for seven years now, published a Communication that reviews the state of the 
situation to which the fishing opportunities proposals must respond. This year, the Communication 
from 
for  2013 
(COM(2012)278 final, hereinafter "Commission Consultation on Fishing Opportunities") provides 
an overview of the state of the stocks based on the findings of the scientific advice issued in 2011. 
The Communication thus reports that 65% of fish stocks in EU waters are not fully assessed. It also 
signals some trends that are of concern, notably a decrease in the proportion of stocks within safe 
biological  limits,  but  also  some  positive  ones:  where  the  state  of  stocks  has  been  assessed,  they 
seem to be improving slowly. In the Atlantic and nearby areas, the proportion of overfished stocks 
has fallen almost by half, down to around 47% from 94% in 2004. 

Scientific  advice  is  essentially  dependent  on  data:  only  stocks  for  which  there  is  sufficient  and 
reliable data can be fully assessed, so that size estimates are produced, as well as a forecast of how 
they will react to the various exploitation scenarios (this is referred to as "catch options tables"). In 
these cases, the advice is able to provide estimates of adjustments to the fishing opportunities that 
will bring the stock to produce its maximum sustainable yield (MSY). The advice is then referred to 
as "MSY advice". 

In early July 2012, and in response to the Commission's request, the International Council for the 
Exploration  of  the  Seas  (ICES)  provided  its  annual  advice  on  most  fish  stocks  covered  by  this 
proposal.  This  advice  was  reviewed  by  the  Scientific,  Technical  and  Economic  Committee  for 
Fisheries  (STECF)  at  its  summer  plenary,  9  to  13  July.  The  outlook  that  arises  from  this  latest 

EN 

2 

   EN 

 
advice  is  noteworthy,  as  it  suggests  there  have  been  significant  steps  forward  in  terms  of  the 
knowledge of the stocks and of the scientific's bodies ability to assess them. Just for the 83 stocks 
covered  by  this  proposal,  the  improvement  of  the  knowledge  base  for  management  can  be 
summarised by noting that of the 55 stocks for which only qualitative advice due to data limitations 
was issued last year, 8 have moved to MSY advice. A further 24 of those stocks are now covered by 
quantitative  advice  that  makes  use  of  the  data  available  and  of  indicators  and  trends.  So  the 
influence of data-poor situations has been much reduced this year. This is partly due to the efforts 
made to overcome data deficiencies, inlcuding by the stakeholders, and partly due to the efforts of 
the scientists themselves to develop methods that make the best use of the data available.  

The increase in stocks covered by MSY advice in this proposal is also very important. They are now 
20, representing  a quarter  of  all  the  stocks covered by this proposal. These figures almost double 
last year statistics (12 stocks). This is a marked step forward in the availability of scientific advice 
to support the objective of ensuring optimal utilisation of the fisheries resources in EU waters this 
year,  as  this  group  of  stocks  includes  those  with  the  greatest  economic  value,  such  as  hake,  cod, 
anglerfish, sole, megrims, haddock and Norway Lobster.  

The proposed fishing opportunities respond to the scientific advice received by the Commission as 
to the state of the stocks, which has been used in the manner outlined in the Communication from 
the  Commission  concerning  a  Consultation  on  Fishing  Opportunities  for  2013  (COM(2012)278 
final).  

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 

(a) 

Consultation methods, main sectors targeted and general profile of respondents 

The Commission has consulted stakeholders, in particular through the Regional Advisory Councils 
(RACs), and Member States on its proposed approach to its various fishing opportunities proposals 
on the basis of its Consultation on Fishing Opportunities for 2013. 

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

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

– 

– 

Seabass: the possibility of creating a new TAC for seabass (Dicentrarchus labrax), given 
the  increase  since  the  early  1990s  in  the  exploitation  of  this  species  and  uncertainties 
regarding its abundance in certain areas. 

Flatfish  reporting:  scientific  advic  suggests  that  it  may  be  appropriate  to  adopt  separate 
management  measures  for  the  3  combined  flatfish  TACs  in  the  North  Sea  (dab  and 
flounder, lemon sole and witch, and turbot and brill).  

EN 

3 

   EN 

 
These  frontloading  documents  were  submitted  to  Member  States  to  provide  them  with  an 
opportunity  for  feedback.  Furthermore,  the  Commission  organised  an  event  for  stakeholders  in 
September  2012,  at  which  the  outcomes  of  the  scientific  advice  and  its  key  implications  were 
presented and discussed. 

(b) 

Summary of responses and how they were taken into account 

Whereas the frontloading process is focused on technical aspects, the response to the Commission 
Consultation  on  Fishing  Opportunities  mentioned  above  reflects  the  views  of  Member  States  and 
stakeholders  on  the  evaluation  made  by  the  Commission  of  the  state  of  the  resources  and  how  to 
ensure the appropriate management response. 

Member States 

While  welcoming  some  positive  aspects  in  the  Commission  Consultation,  Member  States 
highlighted that the MSY target should be reached in a gradual way (the target date of 2015 where 
possible, not for all stocks), that multiannual management plans must indeed be followed when they 
regulate  any  given  stock.  As  regards  stock  where  there  is  little  or  no  advice,  Member  States 
favoured a case-by-case approach or a rollover of the TAC levels from year to year. 

South Western Waters RAC (SWWRAC) 

The  SWWRAC  welcomed  the  scientific  work  leading  to  quantitative  advice  for  stocks  without 
population  estimates  –  the  so-called  data-limited  stocks.  It  also  continued  to  support  the 
development of multiannual management plans and asked for the participation of stakeholders in all 
stages of the process. The SWWRAC regretted the lack of precision underliying the methodology to 
be  used  for  fixing  fishing  opportunities  for  data-limited  stocks  or  for  stocks  where  no  scientific 
advice  is  available.  Finally,  the  SWWRAC  stressed  the  importance  of  taking  into  account 
socioeconomic considerations when fixing fishing opportunities for 2013 and stated that, although 
MSY  by  2015  is  an  objective  supported  by  the  SWWRAC,  its  achievement  should  be  delayed, 
when possible, so as to minimise negative socioeconomic impacts. 

North Western Waters RAC (NWWRAC) 

The  NWWRAC  welcomes  the  fact  that  the  Commission  Consultation  recognises  a  general 
improvement in the stocks for which there is sound scientific advice. It deplores, however, the fact 
that a more solid socio-economic analysis has not been carried out. As regards scientific advice, the 
NWWRAC  requests  clarifications  regarding  the  application  of  ICES  precautionary  margins  for 
data-limited  stocks  or  for  stocks  where  no  scientific  advice  is  available;  the  NWWRAC  is 
concerned about how this methodology will impact on TAC levels proposed by the Commission for 
2013.  NWWRAC  expresses  concerns  regarding  the  transition  to  fishing  mortality  at  MSY  levels 
and  how  this  will  be  implemented  in  practice.  The  NWWRAC  considers  technical  measures  and 
selectivity  to  be  the  right  tools  for  this,  as  opposed  to  effort  and  quota  reductions.  As  regards 
multiannual  management  plans,  the  NWWRAC  recalls  that  it  has  assisted  ICES  with  the 
development  of  plans  for  the  West  of  Scotland  haddock  and  is  now  working  on  developing  the 
concept of mixed-fisheries for demersal species in both the West of Scotland and part of the Celtic 
and the Irish seas.  

Pelagic RAC (PELRAC) 

The  PELRAC  did  not  react  directly  to  the  Commission  Consultation,  but  instead  has  been 
producing, during 2012, specific inputs on how the RAC would wish to deal with the various stocks 

EN 

4 

   EN 

 
within its remit, e.g. boarfish, herring and southern horse mackerel, blue whiting. A central point is 
the  PELRAC’s  willingness  to  propose  management  plans  for  those  stocks,  in  close  collaboration 
with ICES and STECF. 

North Sea RAC (NSRAC) 

The  NSRAC  generally  welcomed  the  Commission  Consultation  paper  as  an  improvement  on 
previous years, and specially the Commission’s effort to establish a new approach for setting TACs 
where  full  quantitative  advice  is  not  available  and  where  data  is  limited.  Notwithstanding  these 
positive features, the NSRAC also believed the tone and wording of some parts of the text were too 
pessimistic.The Commission has considered all submissions mentioned above and, within the limits 
of what is compatible with the nature of a Council regulation on fishing opportunities, has tried to 
integrate them.  

Collection and use of expertise 

As for the methodology used, the Commission consulted two main expert organisations: ICES, an 
international  independent  scientific  body,  and  STECF.  Advice  from  ICES  is  based  on  an  advice 
framework  developed  by  its  scientists  and  used  in  accordance  with  the  Memorandum  of 
Understanding  agreed  with  the  Commission.  The  STECF  gives  its  advice  following  terms  of 
reference that it receives from the Commission. 

(a) 

Summary of advice received and used 

The  ultimate  objective  of  the  Union  is  to  bring  the  stocks  to  levels  that  can  deliver  Maximum 
Sustainable  Yield  (MSY).The  question  lies  on  how  to  ensure  that  this  is  achieved  in  2015  at  the 
latest,  as  the  Union  committed  to  do  when  it  subscribed  to  the  conclusions  of  the  2002  World 
Summit on Sustainable Development in Johannesburg and its related Plan of Implementation. The 
first  consideration  is  whether  this  is  actually  feasible.  If  the  required  information  on  the  stocks  is 
available  from  scientific  advice,  the  answer  to  that  question  is  positive.  As  already  noted,  the 
number of stocks for which this information is indeed available has doubled compared to last year, 
so  the  grounds  for  making  the  Johannesburg  commitment  effective  are  laid  for  a  full  quarter  of 
stocks covered by this proposal. Among these figure the most important stocks in terms of volume 
of catches and commercial value such as hake, cod, anglerfish, sole, megrims, haddock and Norway 
lobster.  

Reaching  the  MSY  objective  may,  in  certain  cases,  need  a  reduction  in  fishing  mortality  rates 
and/or a reduction in catches. However, it remains within the remit of managers to decide how fast 
or how gradually these reductions must take place. The two basic options identified in this context 
are  a)  achieving  fishing  mortality  rates  below  MSY  level  as  soon  as  possible  (i.e.  in  2013)  or  b) 
achieving these rates in 2015 (i.e. a gradual reduction over the next 3 years). ICES refers to these 
two  scenarios  as,  respectively,  "MSY  framework"  advice  and  "MSY  transition"  advice.  Relevant 
catch  options  are  provided  in  the  advice  for  each  scenario,  and  also  for  intermediate  values.  For 
each stock, however, ICES marks a preference for one scenario or the other. 

Against  this  background,  this  proposal  makes  use  of  the  MSY  advice,  where  available,  by 
proposing TACs consistent with reductions in fishing mortality that achieve the MSY objective in 
2013. This approach is consistent with the Commission Consultation on Fishing Opportunities.  

For  stocks  subject  to  qualitative  advice,  recommendations  are  given  as  to  whether  to  reduce, 
stabilise  or  allow  catches  to  increase.  ICES  advice  has  in  many  cases  provided  quantitative 
guidance about such variations, based on their methodology of a 20% maximum change in catches 

EN 

5 

   EN 

 
either  up  or  down,  on  precautionary  grounds.  This  guidance  has  has  been  used  to  set  the  TACs 
proposed.  

Where there is no scientific advice at all, the precautionary approach has been followed, meaning 
precautionary TAC reductions by 20%. 

For 12 stocks (mainly widely distributed stocks, sharks and rays) the advice will be issued in the 
autumn.  This  proposal  will  need  to  be  updated  as  appropriate  once  that  advice  is  received.  For  9 
stocks, the advice is used for the purpose of implementing applicable management plans or agreed 
harvest control rules.  

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

•  Norway Lobster in the West of Scotland has several of its functional units at MSY levels and 

the overall TAC can support an increase by 18%. 

•  Plaice in the Channel: the stock in the eastern area is at MSY and the TAC, combined with the 

western channel stock can be raised by 18%. 

•  Cod  in  the  Celtic  Sea:  this  stock  is  at  MSY  levels  and  the  fishing  opportunities  can  remain 

stable at the current high levels, following a substantial increase last year. 

•  Sole in the Celtic Sea is at MSY levels and can sustain an increase of the fishing opportunities 

by 4% 

•  Sole in the Western Channel is at MSY level and under its management plan can support an 

increase in fishing opportunities by 15% 

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

•  Cod and Whiting in the West of Scotland: these stocks are subject to extremely high rates of 
discarding  of  their  by-catch  in  other  fisheries  and  have  clearly  failed  to  recover.  Efforts  are 
being made this year by the industry and the Member States concerned to ensure use of selective 
gears in these fisheries, and it is important that these efforts are sustained and intensified if these 
stocks are to be saved from total commercial collapse. 

•  Cod in the Irish Sea and in the Kattegat continue to be in a data-poor situation and subject to 
the mandatory TAC reductions by 25% imposed by their plan. None of the possible indicators 
looked  at  by  the  scientific  bodies  suggest  there  is  any  substantial  improvement  in  their  state 
despite successive reductions over the last 4 years. 

•  Haddock  in  the  Celtic  Sea  is  now  subject  to  MSY  advice  and  this  is  positive.  However,  in 
order to achieve MSY for this stock, it is necessary to bring down the catch limit, which was set 
too high last year. A reduction by 55% is required to this end. In parallel, selectivity measures 
are being put in place by the Commission with stakeholder input. 

•  Sole  in  the  Bay  of  Biscay  is  a  similar  case  to  haddock  in  the  Celtic  Sea:  a  cut  in  fishing 
opportunities is needed this year in order to take the stock to MSY. The proposal is for a 29% 
TAC reduction. 

•  Sole in the Irish Sea is deemed to be extremely low and the advice now recommends that there 
should  be  no  directed  fisheries  for  this  stock  and  that  by-catches  should  be  minimised.  The 
MSY advice for this resource implies a reduction in the TAC – which should indeed only cover 
by-catches) by 80% to a mere 60 tonnes. 

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

EN 

6 

   EN 

 
(b)  Means used to make the expert advice publicly available 

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

Impact assessment 

The fishing opportunities regulation is not an instrument that allows the Council to adopt complex 
packages  of  measures,  and  must  limit  itself  to  the  scope  set  by  Article  43(3)  of  the  Treaty.  It  is 
therefore well adapted to a management by results approach. If the policy, as a whole, works better, 
then the annual fishing opportunities will improve. This includes, in particular, technical measures, 
fleet management, structural  support,  control and enforcement,  markets regulation and integration 
of management tools into a comprehensive maritime policy. It remains, however, necessary to use 
this  instrument  to  make  adjustments  necessary  to  conserve  the  resource  base  for  the  European 
harvesting  and  processing  industry,  and  prevent  or  correct  negative  impacts  of  a  too  high  fishing 
mortality on the marine environment. 

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

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

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

The analysis shows that achieving MSY by the target date implies short term economic and social 
costs. However, such costs pay off clearly in the medium term. The analysis, however, also shows 
clearly the crucial and urgent need to improve the knowledge base if the CFP is to be successful. 
This need affects both the data required for scientific advice on the state of the stocks and the data 
required to assess and influence the economy and social aspects of the activity. It is in light of this 
analysis that the current proposal seeks already to move in the right direction with complementary 
and coherent approaches. First, the proposal pursues the MSY objective decisively when the science 
basis to do so is available, making thus the best use possible of the scientific advice.  Second, for 
stocks  for  which  management  by  MSY  cannot  be  implemented  for  lack  of  full  assessment,  the 
proposal takes an approach based on precautionary considerations and the guidance provided in the 
advice. Reducing the need for precautionary measures means, in essence, reducing the uncertainty 
in the advice. Much progress in this regard has been achieved over the last 12 months, but more still 
needs  to  be  done.  The  national  administrations  concerned  and  the  stakeholders  must  renew  their 
efforts to collect and provide to the scientists the necessary data.  

EN 

7 

   EN 

 
3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Legal basis 

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

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

Summary of the proposal 

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

Application 

The  provisions  in  the  area  of  the  proposal  are  applicable  until  31  December  2013,  with  the 
exception of certain provisions on effort limitations which are applicable until 31 January 2014. 

Subsidiarity principle 

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

Proportionality principle 

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

The proposed Council Regulation allocates fishing opportunities to Member States. Having regard 
to  Article  20(3)  of  Regulation  2371/2002,  Member  States  are  free  to  allocate  in  turn  such 
opportunities  among  regions  or  operators  as  they  see  fit.  Therefore,  Member  States  have  ample 
room  for  manoeuvre  on  decisions  related  to  the  social/economic  model  of  their  choice  to  exploit 
their allocated fishing opportunities. 

The proposal has no new financial implications for Member States. This Regulation is adopted by 
Council every year, and the public and private means to implement it are already in place. 

Choice of instruments 

Proposed instrument: Regulation.  

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Union budget. 

5. 

ADDITIONAL INFORMATION 

Simplification 

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

EN 

8 

   EN 

 
Review/revision/sunset clause 

The  proposal  concerns  an  annual  Regulation  for  the  year  2013  and  therefore  does  not  include  a 
revision clause. 

Detailed explanation of the proposal 

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

For  a  number  of  stocks,  such  as  for  example  hake,  sole,  plaice  and  Norway  lobster,  the  fishing 
opportunities have been established on the basis of the rules laid down in the relevant multi-annual 
plans. For those stocks for which new multi-annual plans have been proposed (the western stock of 
horse  mackerel),  as  well  as  for  those  stocks  for  which  the  industry  has  proposed  a  long-term 
management strategy which has been assessed as effective and precautionary by scientific advisory 
bodies (herring in the Celtic Sea), the proposal follows the rules laid down therein. 

As regards cod stocks in the Kattegat, the advice notes the uncertainty regarding mortality, but the 
stock size is significantly low. The applicable management plan for the cod stocks1 caters for these 
cases with a TAC reduction of 25%. The same provisions are applicable to cod in the Irish Sea, so 
here a 25% reduction is also proposed. As regards cod in the West of Scotland, efforts have been 
made by the scientific  bodies  to  process the data  made  available  to  estimate  the  fishing  mortality 
currently  inflicted  on  this  stock.  The  advice  suggests  extremely  high  discarding  of  cod  is  taking 
place in the West of Scotland, even if quantifying discards remains challenging. While redoubling 
efforts  to  verify  the  data  in  question,  it  is  clearly  necessary  to  maintain  the  measures  currently  in 
force, namely a zero TAC, accompanied by a limited allowance to land unavoidable by-catches. In 
parallel, the Commission continues working with the Member States concerned to introduce more 
selective gears in this fishery. 

As  for  fishing  opportunities  set  in  this  regulation  in  terms  of  fishing  effort,  these  concern  cod 
stocks, sole in the Western Channel and southern hake and Norway lobster and are regulated by the 
respective management plan for each stock. In the case of southern hake and Norway lobster and of 
Western Channel sole, the system of management of days at sea per type of vessel having a track 
record in the fishery will continue to apply during 2013, but the proposed regulation will continue 
to allow Member States to apply a system by kilowatt days in order to make a more efficient use of 
fishing opportunities and to stimulate conservation practices in agreement with the fishing sector.  

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

1 

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

EN 

9 

   EN 

 
                                                 
2012/0292 (NLE) 

Proposal for a 

COUNCIL REGULATION 

fixing for 2013 the fishing opportunities available to EU vessels for certain fish stocks and 
groups of fish stocks which are not subject to international negotiations or agreements 

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) 

(5) 

Article 43(3) of the Treaty provides that 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 Policy1 requires 
that measures governing access to waters and resources and the sustainable pursuit of fishing 
activities  be  established  taking  into  account  available  scientific,  technical  and  economic 
advice  and,  in  particular,  reports  drawn  up  by  the  Scientific,  Technical  and  Economic 
Committee  for  Fisheries  (STECF),  as  well  as  in  the  light  of  any  advice  received  from 
Regional Advisory Councils. 

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

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

For  stocks  subject  to  specific  multiannual  plans,  the  TACs  should  be  established  in 
accordance with the rules laid down in those plans. Consequently, the TACs  for stocks of 
Southern hake, of Norway lobster, of sole in the Western Channel, of herring to the west of 
Scotland and of cod in the Kattegat, to the west of Scotland and in the Irish Sea should be 

1 

OJ L 358, 31.12.2002, p. 59. 

EN 

10 

   EN 

 
                                                 
established  in  accordance  with  the  rules  laid  down  in:  Council  Regulation  (EC) 
No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern 
hake  and  Norway  lobster  stocks  in  the  Cantabrian  Sea  and  Western  Iberian  peninsula1; 
Council  Regulation  (EC)  No 509/2007  of 7 May 2007  establishing  a  multi-annual  plan  for 
the sustainable exploitation of the stock of sole in the Western Channel2; Council Regulation 
(EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of 
herring  distributed  to  the  west  of  Scotland  and  the  fisheries  exploiting  that  stock3;  and 
Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan 
for  cod  stocks  and  the  fisheries  exploiting  those  stocks4  (the  "Cod  Plan").  With  regard, 
however, to the stocks of northern hake (Council Regulation (EC) No 811/2004 of 21 April 
20045) and sole in the Bay of Biscay (Council Regulation (EC) No 388/2006 of 23 February 
20066),  the  minimum  targets  of  the  relevant  recovery  and  management  plans  have  been 
reached  and,  therefore,  it  is  appropriate  to  follow  scientific  advice  provided  in  order  to 
achieve or maintain the TACs at maximum sustainable yield levels, as the case may be. 

For stocks for which there is no sufficient or reliable data in order to provide size estimates, 
management measures and TAC levels should follow the precautionary approach to fisheries 
management as defined in point (i) of Article 3 of Council Regulation (EC) No 2371/2002. 

In  accordance  with  Article 2  of  Council  Regulation  (EC)  No 847/96  of 6 May 1996 
introducing  additional  conditions  for  year-to-year  management  of  TACs  and  quotas7,  the 
stocks that are subject to the various measures referred to therein should be identified. 

(6) 

(7) 

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

(9) 

For  certain  TACs  Member  States  should  be  allowed  to  grant  additional  allocations  for 
vessels participating in trials on fully documented fisheries. The aim of those trials is to test 
a catch-quota system, i.e. a system where all catches should be landed and counted against 
quotas  in  order  to  avoid  discards  and  the  waste  of  otherwise  usable  fish  resources  they 
entail. Uncontrolled discards of fish are a threat to the long term sustainability of fish as a 
public good and thus to the Common Fisheries Policy objectives. By contrast, catch-quota 
systems inherently present the fishers with an incentive to optimise the catch selectivity of 
their operations. In order to achieve a rational management of discards, a fully documented 
fishery  should  cover  every  operation  at  sea,  rather  than  what  is  landed  at  port.  The 
conditions  for  Member  States  to  grant  such  additional  allocations  should  therefore  include 
an  obligation  to  ensure  the  use  of  close  circuit  television  cameras  (CCTV)  associated  to  a 
system of sensors (hereinafter jointly referred to as "CCTV system"). This should enable to 
record  in  detail  all  retained  and  discarded  parts  of  catches.  A  system  based  on  human 
observers  operating  in  real  time  on  board  would  be  less  efficient,  more  costly,  and  less 

1 
2 
3 
4 
5 
6 
7 

OJ L 345, 28.12.2005, p. 5. 
OJ L 122, 11.5.2007, p. 7. 
OJ L 344, 20.12.2008, p. 6. 
OJ L 348, 24.12.2008, p. 20. 
OJ L 150, 30.4.2004, p. 1. 
OJ L 65, 7.3.2006, p. 1. 
OJ L 115, 9.5.1996, p. 3. 

EN 

11 

   EN 

 
                                                 
reliable.  Consequently,  the  use  of  CCTV  systems  is  at  this  time  a  prerequisite  for  the 
achievement of discard reduction schemes such as fully documented fisheries. In the use of 
such system, the requirements of Directive 95/46/EC of the European Parliament and of the 
Council of 24 October 1995 on the protection of individuals with regard to the processing of 
personal data and on the free movement of such data1 should be complied with. 

In  order  to  ensure  that  trials  of  fully  documented  fisheries  can  effectively  evaluate  the 
potential  of  catch-quota  systems  to  control  the  absolute  fishing  mortality  of  the  stocks 
concerned, it is necessary for all fish caught in those trials, including those under minimum 
landing size, to be counted against the total allocation assigned to the participating vessel, 
and for fishing operations to cease when that total allocation has been fully utilised by that 
vessel. It is also necessary to prevent transfers of allocations between vessels participating in 
the fully documented fisheries trials and non-participating vessels. 

It is necessary to establish the fishing effort ceilings for 2013 in accordance with Article 8 of 
Regulation  (EC)  No 2166/2005,  Article 5  of  Regulation  (EC)  No 509/2007,  Articles 11 
into  account  Council 
and 12  of  Regulation 
Regulation (EC) No 754/2009 of 27 July 2009 excluding certain groups of vessels from the 
fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/20082. 

(EC)  No 1342/2008,  while 

taking 

(10) 

(11) 

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

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

the Union, 

(14)  The use of fishing opportunities available to EU vessels set out in this Regulation is subject 
to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community 
control system for ensuring compliance with the rules of the common fisheries policy3, and 
in  particular  to  Articles 33  and  34  thereof  concerning  the  recording  of  catches  and  fishing 
effort and the notification of data on the exhaustion of fishing opportunities. It is therefore 
necessary  to  specify  the  codes  to  be  used  by  Member  States  when  sending  data  to 
the Commission relating to landings of stocks subject to this Regulation. 

(15) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing  powers  should  be  conferred  on  the  Commission  relating  to  authorising  an 
individual  Member  State  to  benefit  from  the  system  of  managing  its  fishing  effort 
allocations in accordance with a kilowatt days system, to granting additional days at sea for 
permanent cessation of fishing activities or for enhanced scientific observer coverage and to 
establishing  the  spreadsheet  formats  for  the  collection  and  transmission  of  information 
concerning transfer of days at sea between fishing vessels flying the flag of a Member State. 
Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the 
European  Parliament  and  of  the  Council  of  16  February  2011  laying  down  the  rules  and 

1 
2 
3 

OJ L 281, 23.11.1995, p. 31. 
OJ L 214, 19.8.2009, p. 16. 
OJ L 343, 22.12.2009, p. 1. 

EN 

12 

   EN 

 
                                                 
general  principles  concerning  mechanisms  for  control  by  Member  States  of 
Commission's exercise of implementing powers1. 

the 

(16) 

In  order  to  avoid  the  interruption  of  fishing  activities  and  to  ensure  the  livelihood  of  the 
fishermen  of  the  Union, this Regulation should apply from 1 January 2013, except for the 
provisions  concerning  fishing  effort  limits,  which  should  apply  from 1 February 2013. 
For reasons  of  urgency,  this  Regulation  should  enter  into  force  immediately  after 
its publication. 

HAS ADOPTED THIS REGULATION: 

TITLE I 
SUBJECT MATTER, SCOPE AND DEFINITIONS 

Article 1 
Subject matter 

1. 

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

2. 

The fishing opportunities referred to in paragraph 1 shall include: 

(a) 

catch limits for the year 2013; 

(b) 

fishing effort limits for the period from 1 February 2013 to 31 January 2014. 

This Regulation shall apply to EU vessels. 

Article 2 
Scope 

Article 3 
Definitions 

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

(a) 

(b) 

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

'EU waters' means waters under the sovereignty or jurisdiction of the Member States 
with the exception of waters adjacent to the overseas countries and territories listed 
in Annex II to the Treaty; 

1 

OJ L 55, 28.2.2011, p. 13. 

EN 

13 

   EN 

 
                                                 
(c) 

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

(d) 

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

(e) 

(f) 

(g) 

(h) 

(i) 

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

'mesh  size'  means  the  mesh  size  of  fishing  nets  as  determined  in  accordance  with 
Regulation (EC) No 517/20081; 

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

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

‘analytical  assessments’  means  a  quantitative  evaluation  of  trends  in  a  given  stock, 
based on data about the stock's biology and exploitation, which scientific review has 
indicated to be of sufficient quality to provide scientific advice on options for future 
catches.  

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

Article 4 
Fishing zones 

(a) 

(b) 

(c) 

ICES  (International  Council  for  the  Exploration  of  the  Sea)  zones  are  the 
geographical areas specified in Annex III to Regulation (EC) No 218/20092; 

'Skagerrak' means the geographical area bounded on the west by a line drawn from 
the  Hanstholm  lighthouse  to  the  Lindesnes  lighthouse  and  on  the  south  by  a  line 
drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to 
the nearest point on the Swedish coast; 

'Kattegat' means the geographical area bounded on the north by a line drawn from the 
Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point 
on  the  Swedish  coast  and  on  the  south  by  a  line  drawn  from  Hasenøre  to  Gnibens 
Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen; 

(d) 

'Functional Unit 16 of ICES Subarea VII'  means  the geographical area bounded by 
rhumb lines sequentially joining the following positions: 

53° 30' N 15° 00' W, 

1 

2 

Commission Regulation (EC) No 517/2008 of 10 June 2008 laying down detailed rules for the implementation 
of  Council  Regulation  (EC)  No  850/98  as  regards  the  determination  of  the  mesh  size  and  assessing  the 
thickness of twine of fishing nets (OJ L 151, 11.6.2008, p. 5). 
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). 

EN 

14 

   EN 

 
                                                 
53° 30' N 11° 00' W, 

51° 30' N 11° 00' W, 

51° 30' N 13° 00' W, 

51° 00' N 13° 00' W, 

51° 00' N 15° 00' W, 

53° 30' N 15° 00' W; 

(e) 

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

(f)  CECAF  (Committee  for  Eastern  Central  Atlantic  Fisheries)  areas  are 
geographical areas specified in Annex II to Regulation (EC) No 216/20091. 

the 

TITLE II 
FISHING OPPORTUNITIES 

Article 5 
TACs and allocations 

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

Article 6 
TACs to be determined by Member States 

1. 

2. 

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

The TACs to be determined by a Member State shall: 

(a) 

be  consistent  with  the  principles  and  rules  of  the  Common  Fisheries  Policy,  in 
particular the principle of sustainable exploitation of the stock; and 

(b) 

result: 

(i) 

if  analytical  assessments  are  available,  in  the  exploitation  of  the  stock 
consistent with maximum sustainable yield from 2015 onwards, with as high a 
probability as possible; 

1 

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 

15 

   EN 

 
                                                 
(ii) 

if  analytical  assessments  are  unavailable  or  incomplete,  in  the  exploitation  of 
the stock consistent with the precautionary approach to fisheries management. 

3. 

By  15  March  2013,  each  Member  State  concerned  shall  submit  to  the  Commission  the 
following information: 

(a) 

the TACs adopted; 

(b) 

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

(c) 

details on how the TACs adopted comply with paragraph 2. 

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

1. 

2. 

For certain stocks, a Member State may grant an additional allocation to vessels flying its 
flag and participating in trials on fully documented fisheries. Those stocks are identified in 
Annex I.  

The  additional  allocation  which  a  Member  State  may  grant  for  a  given  stock  to  vessels 
flying its flag shall not exceed the overall limit set out in Annex I as a percentage of the 
quota allocated to that Member State. 

3. 

The additional allocation granted to a vessel shall comply with the following conditions: 

(a) 

the vessel shall make use of close circuit television cameras (CCTV) associated to a 
system of sensors (hereinafter jointly referred to as "the CCTV system") to record all 
on board fishing and processing activities; 

(b) 

the additional allocation granted to an individual vessel that participates in trials on 
fully documented fisheries shall not exceed any of the following limits: 

(1)  75 % of the discards of the stock, as estimated by the relevant Member State, 
produced  by  the  type  of  vessel  to  which  the  individual  vessel  that  has  been 
granted the additional allocation belongs. 

(2)  30 % of the vessel's individual allocation prior to participating in the trials. 

(c) 

all catches by the vessel from the stock subject to the additional allocation, including 
fish  that  are  under  minimum  landing  size  as  defined  in  Annex  XII  of  Regulation 
(EC) No 850/98, shall be counted against the individual allocation of the vessel, as 
resulting from any additional allocation granted under this article. 

(d)  once  the  individual  allocation  for  any  stock  has  been  fully  utilised  by  a  vessel,  the 

vessel in question must cease all fishing activity in the relevant TAC area.  

(e) 

in  the  stocks  for  which  this  article  may  be  used,  no  transfers  of  the  individual 
allocation  or  any  part  thereof  shall  be  allowed  between  vessels  participating  in  the 
fully-documented fisheries trials and vessels not participating in those trials. 

EN 

16 

   EN 

 
4. 

5. 

6. 

7. 

8. 

Notwithstanding point (1) of paragraph 3(b), a Member State may exceptionally grant to a 
vessel flying its flag an additional allocation exceeding 75 % of the estimated discards of 
the  stock  produced  by  the  type  of  vessel  to  which  the  individual  vessel  that  has  been 
granted the additional allocation belongs, provided that: 

(a) 

(b) 

(c) 

the  rate  of  stock  discards,  as  estimated  for  the  relevant  type  of  vessel,  is  less  than 
10 %; 

the inclusion of that type of vessel is important to evaluate the potential of the CCTV 
system for control purposes; 

an overall  limit of 75 %  of the estimated stock discards produced by  all vessels all 
vessels participating in the trials is not exceeded. 

To  the  extent  that  the  recordings  obtained  in  accordance  with  point  (a)  of  paragraph  3 
involve  the  processing  of  personal  data  within  the  meaning  of  Directive  95/46/EC,  that 
Directive shall apply to the processing of such data. 

Where  a  Member State  detects  that  a  vessel  participating  in  trials  on  fully  documented 
fisheries  fails  to  comply  with  the  conditions  set  out  in  paragraph  3,  it  shall  immediately 
withdraw the additional allocation granted to that vessel and exclude it from participation 
in those trials for the remainder of the year 2013. 

Prior to granting the additional allocation referred to in paragraphs 1 to 6, a Member State 
shall submit to the Commission the following information: 

(a) 

(b) 

the  list  of  vessels  flying  its  flag  and  participating  in  trials  on  fully  documented 
fisheries;  

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

(c) 

the capacity, type and specification of gears used by those vessels; 

(d) 

the estimated discards for each type of vessel participating in the trials; 

(e) 

the amount of catches of the stock subject to the relevant TAC made in 2012 by the 
vessels participating in the trials.  

The Commission may request any Member State that avails itself of this article to submit 
its assessment of the discards produced per type of vessel to a scientific advisory body for 
review, in order to monitor the implementation of the requirement set out in point (1) of 
paragraph  3(b).  In  the  absence  of  an  assessment  confirming  such  discards,  the  Member 
State  concerned  shall  take  any  appropriate  measure  to  ensure  compliance  with  that 
requirement and inform the Commission thereof. 

Article 8 
Conditions for landing catches and by-catches 

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

EN 

17 

   EN 

 
(a) 

(b) 

the  catches  have  been  taken  by  vessels  flying  the  flag  of  a  Member State  having  a 
quota and that quota is not exhausted; or 

the catches consist of a share in a EU quota which has not been allocated by quota 
among Member States, and that EU quota has not been exhausted. 

Article 9 
Fishing effort limits 

From 1 February 2013 to 31 January 2014, the fishing effort measures laid down in: 

(a)  Annex  IIA,  shall  apply  for  the  management  of  cod  stocks  in  the  Kattegat,  ICES 

divisions VIIa and VIa, and EU waters of ICES division Vb; 

(b)  Annex  IIB,  shall  apply  for  the  recovery  of  hake  and  Norway  lobster  in  ICES 

divisions VIIIc and IXa, with the exception of the Gulf of Cádiz; 

(c)  Annex IIC, shall apply for the management of the sole stock in ICES division VIIe. 

Article 10 
Special provisions on allocations of fishing opportunities 

1. 

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

(a) 

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

(b) 

reallocations  made  pursuant  to  Article 37  of  Regulation  (EC)  No 1224/2009  or 
pursuant to Article 10(4) of Regulation (EC) No 1006/20081; 

(c) 

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

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

(e) 

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

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

to 

Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities 
of  Community  fishing  vessels  outside  Community  waters  and  the  access  of  third  country  vessels  to 
Community waters (OJ L 286, 29.10.2008, p. 33). 

2. 

1 

EN 

18 

   EN 

 
                                                 
Article 11 
Closed fishing season 

1. 

2. 

It  shall  be  prohibited  to  fish  or  retain  on  board  any  of  the  following  species  in  the 
Porcupine Bank during the period from 1 May to 31 July 2013: cod, megrims, anglerfish, 
haddock, whiting, hake, Norway lobster, plaice, pollack, saithe, skates and rays, common 
sole and spurdog. 

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

Point 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

Latitude 

52° 27' N 

52° 40' N 

52° 47' N 

52° 47' N 

Longitude 

12° 19' W 

12° 30' W 

12° 39,600' W 

12° 56' W 

52° 13,5' N 

13° 53,830' W 

51° 22' N 

51° 22' N 

52° 10' N 

52° 32' N 

52° 43' N 

52° 43' N 

52° 38,800' N 

52° 27' N 

52° 27' N 

14° 24' W 

14° 03' W 

13° 25' W 

13° 07,500' W 

12° 55' W 

12° 43' W 

12° 37' W 

12° 23' W 

12° 19' W 

3. 

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

Article 12 
Prohibitions 

1. 

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

EN 

19 

   EN 

 
(a) 

basking  shark  (Cetorhinus  maximus)  and  white  shark  (Carcharodon  carcharias)  in 
all waters; 

(b)  porbeagle  (Lamna  nasus)  in  all  waters,  except  where  it  is  provided  otherwise  in 

Annex I Part B; 

(c) 

angel shark (Squatina squatina) in EU waters; 

(d) 

(e) 

(f) 

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

undulate  ray  (Raja  undulata)  and  white  skate  (Raja  alba)  in  EU  waters  of  ICES 
subareas VI, VII, VIII, IX and X; 

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

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

2. 

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

Article 13 
Data transmission 

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

TITLE III 
FINAL PROVISIONS 

Article 14 
Committee procedure 

1. 

2. 

The  Commission  shall  be  assisted  by  the  Committee  for  Fisheries  and  Aquaculture 
established  by  Regulation  (EC)  No  2371/2002.  That  committee  shall  be  a  committee 
within the meaning of Regulation (EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 182/2011 
shall apply. 

Article 15 

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 January 2013. 

EN 

20 

   EN 

 
However, Article 9 shall apply from 1 February 2013. 

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

Done at Brussels,  

For the Council 
The President 

EN 

21 

   EN 

 
 
 
LIST OF ANNEXES 

ANNEX I: TACs applicable to EU vessels in areas where TACs exist by species and by area: 

• 

• 

Part A: General provisions 

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

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

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

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

EN 

22 

   EN 

 
ANNEX I 

TACs APPLICABLE TO EU VESSELS IN AREAS WHERE TACs EXIST 
BY SPECIES AND BY AREA 

PART A 
GENERAL PROVISIONS 

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

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

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

Scientific name  

Amblyraja radiata  

Ammodytes spp. 

Argentina silus 

Beryx spp. 

Brosme brosme 

Caproidae 

Alpha-3 code 

Common name 

RJR 

SAN 

ARU 

ALF 

USK 

BOR 

Starry ray 

Sandeels 

Greater silver smelt 

Alfonsinos 

Tusk 

Boarfish 

EN 

23 

   EN 

 
 
Scientific name  

Alpha-3 code 

Common name 

Centrophorus squamosus 

Centroscymnus coelolepis 

Chaceon spp. 

Champsocephalus gunnari 

Chionoecetes spp. 

Clupea harengus 

Coryphaenoides rupestris 

Dalatias licha 

Deania calcea 

Dipturus batis 

Dissostichus eleginoides 

Dissostichus mawsoni 

Engraulis encrasicolus 

Etmopterus princeps 

Etmopterus pusillus 

Euphausia superba 

Gadus morhua 

Galeorhinus galeus 

Glyptocephalus cynoglossus 

GUQ 

CYO 

CGE 

ANI 

PCR 

HER 

RNG 

SCK 

DCA 

RJB 

TOP 

TOA 

ANE 

ETR 

ETP 

KRI 

COD 

GAG 

WIT 

Leafscale gulper shark 

Portuguese dogfish 

Deep sea red crab 

Mackerel icefish 

Snow crab 

Herring 

Roundnose grenadier 

Kitefin shark 

Birdbeak dogfish 

Common skate 

Patagonian toothfish 

Antarctic toothfish 

Anchovy 

Great lanternshark 

Smooth lanternshark 

Krill 

Cod 

Tope shark 

Witch flounder 

EN 

24 

   EN 

 
Scientific name  

Alpha-3 code 

Hippoglossoides platessoides 

Hippoglossus hippoglossus 

Hoplostethus atlanticus 

Illex illecebrosus 

Lamna nasus 

Lepidonotothen squamifrons 

Lepidorhombus spp. 

Raja circularis 

Raja fullonica 

Leucoraja naevus 

Limanda ferruginea 

Limanda limanda 

Lophiidae 

Macrourus spp. 

Makaira nigricans 

Mallotus villosus 

Manta birostris 

Martialia hyadesi 

Melanogrammus aeglefinus 

Merlangius merlangus 

PLA 

HAL 

ORY 

SQI 

POR 

NOS 

LEZ 

RJI 

RJF 

RJN 

YEL 

DAB 

ANF 

GRV 

BUM 

CAP 

RMB 

SQS 

HAD 

WHG 

Common name 

American plaice 

Atlantic halibut 

Orange roughy 

Shortfin squid 

Porbeagle 

Grey rockcod 

Megrims 

Sandy ray 

Shagreen ray 

Cuckoo ray 

Yellowtail flounder 

Common dab 

Anglerfish 

Grenadiers 

Blue marlin 

Capelin 

Giant manta ray 

Squid 

Haddock 

Whiting 

EN 

25 

   EN 

 
Scientific name  

Alpha-3 code 

Common name 

Merluccius merluccius 

Micromesistius poutassou 

Microstomus kitt 

Molva dypterygia 

Molva molva 

Nephrops norvegicus 

Pandalus borealis 

Paralomis spp. 

Penaeus spp. 

Platichthys flesus 

Pleuronectes platessa 

Pleuronectiformes 

Pollachius pollachius 

Pollachius virens 

Psetta maxima 

Raja brachyura 

Raja clavata 

Raja (Dipturus) nidarosiensis 

Raja microocellata 

HKE 

WHB 

LEM 

BLI 

LIN 

NEP 

PRA 

PAI 

PEN 

FLE 

PLE 

FLX 

POL 

POK 

TUR 

RJH 

RJC 

JAD 

RJE 

Hake 

Blue whiting 

Lemon sole 

Blue ling 

Ling 

Norway lobster 

Northern prawn 

Crabs 

"Penaeus" shrimps 

European flounder 

Plaice 

Flatfish 

Pollack 

Saithe 

Turbot 

Blonde ray 

Thornback ray 

Norwegian skate 

Small-eyed ray 

EN 

26 

   EN 

 
Scientific name  

Alpha-3 code 

Common name 

Raja montagui 

Raja undulata 

Rajiformes 

Reinhardtius hippoglossoides 

Raja alba 

Scomber scombrus 

Scophthalmus rhombus 

Sebastes spp. 

Solea solea 

Solea spp. 

Sprattus sprattus 

Squalus acanthias 

Tetrapturus albidus 

Thunnus maccoyii 

Thunnus obesus 

Thunnus thynnus 

Trachurus murphyi 

Trachurus spp. 

Trisopterus esmarkii 

Urophycis tenuis 

Xiphias gladius 

RJM 

RJU 

SRX 

GHL 

RJA 

MAC 

BLL 

RED 

SOL 

SOO 

SPR 

DGS 

WHM 

SBF 

BET 

BFT 

CJM 

JAX 

NOP 

HKW 

SWO 

Spotted ray 

Undulate ray 

Skates and rays 

Greenland halibut 

White skate  

Mackerel 

Brill 

Redfish 

Common sole 

Sole 

Sprat 

Spurdog/dogfish 

White marlin 

Southern bluefin tuna 

Bigeye tuna 

Bluefin tuna 

Jack mackerel 

Horse mackerel 

Norway pout 

White hake 

Swordfish 

EN 

27 

   EN 

 
The  following  comparative  table  of  common  names  and  Latin  names  is  provided  exclusively  for 
explanatory purposes: 

Alfonsinos 

American plaice 

Anchovy 

Anglerfish 

Mackerel icefish 

Antarctic toothfish 

Atlantic halibut 

Bigeye tuna 

Birdbeak dogfish 

Blonde ray 

Blue ling 

Blue marlin 

Blue whiting 

Bluefin tuna 

Boarfish 

Brill 

Capelin 

Cod 

Common dab 

Common skate 

Common sole 

ALF 

PLA 

ANE 

ANF 

ANI 

TOA 

HAL 

BET 

DCA 

RJH 

BLI 

BUM 

WHB 

BFT 

BOR 

BLL 

CAP 

COD 

DAB 

RJB 

SOL 

Beryx spp. 

Hippoglossoides platessoides 

Engraulis encrasicolus 

Lophiidae 

Champsocephalus gunnari 

Dissostichus mawsoni 

Hippoglossus hippoglossus 

Thunnus obesus 

Deania calcea 

Raja brachyura 

Molva dypterygia 

Makaira nigricans 

Micromesistius poutassou 

Thunnus thynnus 

Caproidae 

Scophthalmus rhombus 

Mallotus villosus 

Gadus morhua 

Limanda limanda 

Dipturus batis 

Solea solea 

EN 

28 

   EN 

 
Crabs 

Cuckoo ray 

Deep sea red crab 

European flounder 

Flatfish 

Giant manta ray 

Great lanternshark 

Greater silver smelt 

Greenland halibut 

Grenadiers 

Grey rockcod 

Haddock 

Hake 

Herring 

Horse mackerel 

Jack mackerel 

Kitefin shark 

Krill 

Leafscale gulper shark 

Lemon sole 

Ling 

Mackerel 

Megrims 

PAI 

RJN 

CGE 

FLE 

FLX 

RMB 

ETR 

ARU 

GHL 

GRV 

NOS 

HAD 

HKE 

HER 

JAX 

CJM 

SCK 

KRI 

GUQ 

LEM 

LIN 

MAC 

LEZ 

Paralomis spp. 

Leucoraja naevus 

Chaceon spp. 

Platichthys flesus 

Pleuronectiformes 

Manta birostris 

Etmopterus princeps 

Argentina silus 

Reinhardtius hippoglossoides 

Macrourus spp. 

Lepidonotothen squamifrons 

Melanogrammus aeglefinus 

Merluccius merluccius 

Clupea harengus 

Trachurus spp. 

Trachurus murphyi 

Dalatias licha 

Euphausia superba 

Centrophorus squamosus 

Microstomus kitt 

Molva molva 

Scomber scombrus 

Lepidorhombus spp. 

EN 

29 

   EN 

 
Northern prawn 

Norway lobster 

Norway pout 

Norwegian skate 

Orange roughy 

Patagonian toothfish 

"Penaeus" shrimps 

Plaice 

Pollack 

Porbeagle 

Portuguese dogfish 

Redfish 

Roundnose grenadier 

Saithe 

Sandeels 

Sandy ray 

Shagreen ray 

Shortfin squid 

Skates and rays 

Small-eyed ray 

Smooth lanternshark 

Snow crab 

PRA 

NEP 

NOP 

JAD 

ORY 

TOP 

PEN 

PLE 

POL 

POR 

CYO 

RED 

RNG 

POK 

SAN 

RJI 

RJF 

SQI 

SRX 

RJE 

ETP 

PCR 

Pandalus borealis 

Nephrops norvegicus 

Trisopterus esmarkii 

Raja (Dipturus) nidarosiensis 

Hoplostethus atlanticus 

Dissostichus eleginoides 

Penaeus spp. 

Pleuronectes platessa 

Pollachius pollachius 

Lamna nasus 

Centroscymnus coelolepis 

Sebastes spp. 

Coryphaenoides rupestris 

Pollachius virens 

Ammodytes spp. 

Raja circularis 

Raja fullonica 

Illex illecebrosus 

Rajiformes 

Raja microocellata 

Etmopterus pusillus 

Chionoecetes spp. 

EN 

30 

   EN 

 
Sole 

Southern bluefin tuna 

Spotted ray 

Sprat 

Spurdog/dogfish 

Squid 

Starry ray 

Swordfish 

Thornback ray 

Tope shark 

Turbot 

Tusk 

Undulate ray 

White hake 

White marlin 

White skate 

Whiting 

Witch flounder 

Yellowtail flounder 

SOO 

SBF 

RJM 

SPR 

DGS 

SQS 

RJR 

SWO 

RJC 

GAG 

TUR 

USK 

RJU 

HKW 

WHM 

RJA 

WHG 

WIT 

YEL 

Solea spp. 

Thunnus maccoyii 

Raja montagui 

Sprattus sprattus 

Squalus acanthias 

Martialia hyadesi 

Amblyraja radiata 

Xiphias gladius 

Raja clavata 

Galeorhinus galeus 

Psetta maxima 

Brosme brosme 

Raja undulata 

Urophycis tenuis 

Tetrapturus albidus 

Raja alba 

Merlangius merlangus 

Glyptocephalus cynoglossus 

Limanda ferruginea 

EN 

31 

   EN 

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

Zone: 

EU and international waters of I and II 

(ARU/1/2.) 

Precautionary TAC 

Species: 

Germany 

France 

The Netherlands 

United Kingdom 

Union 

TAC 

Greater silver 
smelt 

Argentina silus 

 22 

 7 

 18 

 37 

 84 

 84 

Species: 

Greater silver smelt 

Zone: 

EU waters of III and IV 

Denmark 

Germany 

France 

Ireland 

The Netherlands 

Sweden 

United Kingdom 

Union 

TAC 

Argentina silus 

(ARU/34-C) 

 843 

Precautionary TAC 

 9 

 6 

 6 

 40 

 33 

 15 

 952 

 952 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Greater silver smelt 

Zone: 

Argentina silus 

EU  and  international  waters  of  V,  VI 
and VII 

(ARU/567.) 

Precautionary TAC 

Germany 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

TAC 

 289 

 6 

 268 

3 023 

 212 

3 798 

3 798 

Species: 

Tusk 

Zone: 

IIIa; EU waters of Subdivisions 22-32 

Brosme brosme 

(USK/3A/BCD) 

Precautionary TAC 

Denmark 

Sweden 

Germany 

Union 

TAC 

 15 

 7 

 7 

 29 

 29 

EN 

33 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Denmark 

Ireland 

United Kingdom 

Union 

TAC 

Boarfish 

Caproidae 

Zone: 

EU  and  international  waters  of  VI, 
VII and VIII 

(BOR/678-) 

Precautionary TAC 

pm 

pm 

pm 

pm 

pm 

Species: 

Herring 

Zone: 

Clupea harengus 

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

Ireland 

The Netherlands 

Union 

TAC 

pm 

pm 

pm 

pm 

Analytical TAC 

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

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

(1) 

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

EN 

34 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Herring 

Zone: 

Clupea harengus 

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

United Kingdom 

Union 

TAC 

(1) 

Precautionary TAC 

To be 
established 

To be 
established 

To be 
established 

(2) 

(3) 

(3) 

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

(2)  Article 6 of this Regulation applies. 

(3) 

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

Species: 

Herring 

Zone: 

Clupea harengus 

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

Ireland 

United Kingdom 

Union 

TAC 

1 300 

3 693 

4 993 

4 993 

Analytical TAC 

(1) 

This zone is reduced by the area bounded : 

–  to the north by latitude 52° 30' N, 

–  to the south by latitude 52° 00' N, 

–  to the west by the coast of Ireland, 

–  to the east by the coast of the United Kingdom. 

EN 

35 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Herring 

Zone: 

VIIe and VIIf 

Clupea harengus 

(HER/7EF.) 

France 

United Kingdom 

Union 

TAC 

 392 

 392 

 784 

 784 

Precautionary TAC 

Species: 

Herring 

Zone: 

Clupea harengus 

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

Analytical TAC 

Germany 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

TAC 

 191 

1 062 

14 864 

1 062 

 21 

17 200 

17 200 

(1) 

This zone is increased by the area bounded: 

–  to the north by latitude 52° 30' N, 

–  to the south by latitude 52° 00' N, 

–  to the west by the coast of Ireland, 

–  to the east by the coast of the United Kingdom. 

EN 

36 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Spain 

Portugal 

Union 

TAC 

Species: 

Denmark 

Germany 

Sweden 

Union 

TAC 

Anchovy 

Zone: 

IX and X; EU waters of CECAF 34.1.1 

Engraulis encrasicolus 

(ANE/9/3411) 

Precautionary TAC 

3 998 

4 362 

8 360 

8 360 

Cod 

Zone: 

Kattegat  

Gadus morhua 

(COD/03AS.) 

Analytical TAC 

 62 

 1 

 37 

 100 

 100 

(1) 
(1) 

(1) 

(1) 

(1) 

(1) 

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

EN 

37 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Cod 

Zone: 

Gadus morhua 

VIb;  EU  and  international  waters  of  Vb 
west of 12° 00' W and of XII and XIV  

(COD/5W6-14) 

Precautionary TAC 

Belgium 

Germany 

France 

Ireland 

United Kingdom 

Union 

TAC 

 0 

 2 

 20 

 8 

 32 

 62 

 62 

Species: 

Cod 

Zone: 

Gadus morhua 

VIa; EU and international waters of Vb east 
of 12° 00' W 

Belgium 

Germany 

France 

Ireland 

United Kingdom 

Union 

TAC 

(1) 

(COD/5BE6A) 

Analytical TAC 

0 

0 

0 

0 

0 

0 

0 

(1) 

By-catch of cod in the area covered by this TAC may be landed provided that it does not comprise 
more than 1,5 % of the live weight of the total catch retained on board per fishing trip. 

EN 

38 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Belgium 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

TAC 

Cod 

Zone: 

VIIa 

Gadus morhua 

(COD/07A.) 

Analytical TAC 

 4 

 10 

 188 

 1 

 82 

 285 

 285 

Species: 

Cod 

Zone: 

Gadus morhua 

VIIb,  VIIc,  VIIe-k,  VIII,  IX  and  X;  EU 
waters of CECAF 34.1.1  

(COD/7XAD34) 

Analytical TAC 

Article 11 of this Regulation applies. 

Belgium 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

TAC 

 456 

7 459 

1 479 

 2 

 804 

10 200 

10 200 

EN 

39 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Porbeagle 

Lamna nasus 

Zone: 

French  Guiana  waters,  Kattegat;  EU 
waters  of  Skagerrak,  I,  II,  III,  IV,  V, 
VI, VII, VIII, IX, X, XII and XIV; EU 
waters  of  CECAF  34.1.1,  34.1.2  and 
34.2 

(POR/3-1234) 

Precautionary TAC 

Denmark 

France 

Germany 

Ireland 

Spain 

United Kingdom 

Union 

TAC 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

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

Species: 

Megrims 

Zone: 

EU waters of IIa and IV 

Lepidorhombus spp. 

(LEZ/2AC4-C) 

Analytical TAC 

Belgium 

Denmark 

Germany 

France 

The Netherlands 

United Kingdom 

Union 

TAC 

 8 

 7 

 7 

 46 

 36 

2 716 

2 820 

2 820 

EN 

40 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Megrims 

Zone: 

Lepidorhombus spp. 

EU  and  international  waters  of  Vb;  VI; 
international waters of XII and XIV 

(LEZ/56-14) 

Analytical TAC 

Spain 

France 

Ireland 

United Kingdom 

Union 

TAC 

 232 

 904 

 264 

 640 

2 040 

2 040 

Species: 

Megrims 

Zone: 

VII 

(LEZ/07.) 

Precautionary TAC 

Article 11 of this Regulation applies. 

Belgium 

Spain 

France 

Ireland 

United Kingdom 

Union 

TAC 

Lepidorhombus spp. 
(1) 

 376 

(1) 

(1) 

(1) 

(1) 

4 172 

5 064 

2 302 

1 994 

13 908 

13 908 

(1) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on 
fully documented fisheries an additional allocation within an overall limit of 1 % of the quota allocated to that 
Member State, pursuant to Article 7 of this Regulation. 

EN 

41 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Megrims 

Zone: 

VIIIa, VIIIb, VIIId and VIIIe 

Lepidorhombus spp. 

(LEZ/8ABDE.) 

Analytical TAC 

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

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

Spain 

France 

Union 

TAC 

 760 

 613 

1 373 

1 373 

Species: 

Megrims 

Zone: 

Lepidorhombus spp. 

VIIIc,  IX  and  X;  EU  waters  of 
CECAF 34.1.1 

(LEZ/8C3411) 

Analytical TAC 

Spain 

France 

Portugal 

Union 

TAC 

 822 

 41 

 27 

 890 

 890 

EN 

42 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Belgium 

Germany 

Spain 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

TAC 

Species: 

Belgium 

Germany 

Spain 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

TAC 

(1) 

Anglerfish 

Lophiidae 

Zone: 

VI;  EU  and 
international  waters 
of Vb;  international  waters  of  XII 
and XIV 

(ANF/56-14) 

Precautionary TAC 

 149 

 170 

 159 

1 833 

 415 

 144 

1 276 

4 146 

4 146 

Anglerfish 

Lophiidae 

Zone: 

VII 

(ANF/07.) 

Precautionary TAC 

Article 11 of this Regulation applies. 

(1) (2) 

(1) (2) 

(1) (2) 

(1) (2) 

(1) (2) 

(1) (2) 

(1) (2) 

(1) 

(1) 

2 268 

 253 

 901 

14 553 

1 860 

 294 

4 413 

24 542 

24 542 

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

(2) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on 
fully  documented  fisheries  an  additional  allocation  within  an  overall  limit  of  1  %  of  the  quota 
allocated to that Member State, pursuant to Article 7 of this Regulation. 

EN 

43 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Spain 

France 

Union 

TAC 

Species: 

Spain 

France 

Portugal 

Union 

TAC 

Zone: 

VIIIa, VIIIb, VIIId and VIIIe 

(ANF/8ABDE.) 

Precautionary TAC 

Anglerfish 

Lophiidae 

1 002 

5 574 

6 576 

6 576 

Anglerfish 

Lophiidae 

Zone: 

VIIIc,  IX  and  X;  EU  waters  of 
CECAF 34.1.1 

(ANF/8C3411) 

Analytical TAC 

1 708 

 2 

 340 

2 050 

2 050 

EN 

44 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Haddock 

Zone: 

Melanogrammus 
aeglefinus 

EU  and  international  waters  of  Vb 
and VIa 

(HAD/5BC6A.) 

Analytical TAC 

Belgium 

Germany 

France 

Ireland 

United Kingdom 

Union 

TAC 

 7 

 8 

 342 

 244 

2 499 

3 100 

3 100 

Species: 

Haddock 

Zone: 

Melanogrammus 
aeglefinus 

VIIb-k, VIII, IX and X; EU waters of 
CECAF 34.1.1 

(HAD/7X7A34) 

Analytical TAC 

Article 11 of this Regulation applies. 

Belgium 

France 

Ireland 

United Kingdom 

Union 

TAC 

(1) 

(1) 

(1) 

(1) 

(1) 

 83 

5 000 

1 667 

 750 

7 500 

7 500 

(1) 
In  addition  to  this  quota,  a  Member  State  may  grant  to  vessels  flying  its  flag  and  participating  in 
trials  on  fully  documented  fisheries  an  additional  allocation  within  an  overall  limit  of  5  %  of  the  quota 
allocated to that Member State, pursuant to Article 7 of this Regulation. 

EN 

45 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Haddock 

Zone: 

VIIa 

Melanogrammus 
aeglefinus 

(HAD/07A.) 

Precautionary TAC 

Belgium 

France 

Ireland 

United Kingdom 

Union 

TAC 

 16 

 72 

 433 

 480 

1 001 

1 001 

Species: 

Whiting 

Zone: 

Merlangius merlangus 

VI;  EU  and  international  waters  of 
Vb; 
international  waters  of  XII 
and XIV 

(WHG/56-14) 

Precautionary TAC 

Germany 

France 

Ireland 

United Kingdom 

Union 

TAC 

 2 

 30 

 73 

 141 

 246 

 246 

EN 

46 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Whiting 

Zone: 

VIIa 

Merlangius merlangus 

(WHG/07A.) 

Precautionary TAC 

Belgium 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

TAC 

 0 

 5 

 28 

 0 

 38 

 71 

 71 

Species: 

Whiting 

Zone: 

Merlangius merlangus 

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

Analytical TAC 

Article 11 of this Regulation applies. 

Belgium 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

TAC 

 239 

14 700 

6 812 

 120 

2 629 

24 500 

24 500 

EN 

47 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Whiting 

Zone: 

Merlangius merlangus 

VIII 

(WHG/08.) 

Precautionary TAC 

Spain 

France 

Union 

TAC 

1 016 

1 524 

2 540 

2 540 

Species: 

Whiting 

Zone: 

Merlangius merlangus 

and  X;  EU  waters 

IX 
CECAF 34.1.1 

of 

(WHG/9/3411) 

Portugal 

Union 

To be established 

To be established 

TAC 

To be established 

(1)  Article 6 of this Regulation applies. 

(1) 

(2) 

(2) 

Precautionary TAC 

(2) 

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

Species: 

Hake 

Zone: 

Merluccius merluccius 

IIIa;  EU  waters  of  Subdivisions 
22-32 

(HKE/3A/BCD) 

Denmark 

Sweden 

Union 

1 033 

 88 

1 121 

Analytical TAC 

TAC 

1 121 

(1) 

(1)  Within an overall TAC of 37 200 for the northern stock of hake. 

EN 

48 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Belgium 

Denmark 

Germany 

France 

The Netherlands 

United Kingdom 

Union 

TAC 

Hake 

Zone: 

EU waters of IIa and IV  

Merluccius merluccius 

(HKE/2AC4-C) 

Analytical TAC 

 19 

 755 

 87 

 167 

 43 

 235 

1 306 

1 306 

(1) 

(1)  Within an overall TAC of 37 200 for the northern stock of hake. 

EN 

49 

   EN 

 
 
 
 
 
 
Species: 

Hake 

Zone: 

Merluccius merluccius 

EU 

and  VII; 

VI 
and 
international  waters  of  Vb; 
international  waters  of  XII  and 
XIV 

(HKE/571214) 

Analytical TAC  

Article 11 of this Regulation applies. 

Belgium 

Spain 

France 

Ireland 

The Netherlands 

United Kingdom 

(1) (3) 

(3) 

 192 

6 149 

9 495 

(1) (3) 

1 151 

(3) 

 124 

3 749 

(1) (3) 

(1) (3) 

Union 

20 860 

TAC 

(1) 

20 860 

(2) 

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. 

(2)  Within an overall TAC of 37 200 for the northern stock of hake. 

(3) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on 
fully  documented  fisheries  an  additional  allocation  within  an  overall  limit  of  1  %  of  the  quota 
allocated to that Member State, pursuant to Article 7 of this Regulation. 

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 

Spain 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

 25 

 992 

 992 

 124 

 12 

 558 

2703 

EN 

50 

   EN 

 
 
 
 
 
 
Species: 

Belgium 

Spain 

France 

Hake 

Zone: 

VIIIa, VIIIb, VIIId and VIIIe 

Merluccius merluccius 

(HKE/8ABDE.) 

(1) 

 6 

Analytical TAC 

4 281 

9 614 

The Netherlands 

 12 

(1) 

Union 

13 913 

TAC 

(1) 

13 913 

(2) 

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

(2)  Within an overall TAC of 37 200 for the northern stock of hake. 

Special condition:  

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

VI and VII; EU and 
international waters of 
Vb; international waters 
of XII and XIV 

(HKE/*57-14) 

Belgium 

Spain 

France 

The Netherlands 

Union 

 1 

1 240 

2 232 

 4 

3477 

EN 

51 

   EN 

 
 
 
 
 
 
 
 
Species: 

Hake 

Zone: 

Merluccius merluccius 

VIIIc,  IX  and  X;  EU  waters  of 
CECAF 34.1.1  

(HKE/8C3411) 

Analytical TAC 

Spain 

France 

Portugal 

Union 

TAC 

9 051 

 869 

4 224 

14 144 

14 144 

Species: 

Blue ling 

Zone: 

Molva dypterygia 

International waters of XII  
(BLI/12INT-) 

Precautionary TAC 

Estonia 

Spain 

France 

Lithuania 

United Kingdom 

Others  

Union 

TAC 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

 2 

 622 

 15 

 6 

 6 

 2 

 652 

(1) 

 652 

(1) 

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

EN 

52 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Belgium 

Denmark 

Germany 

Sweden 

United Kingdom 

Union 

TAC 

Ling 

Molva molva 

Zone: 

IIIa; EU waters of IIIbcd 

(LIN/3A/BCD) 

Precautionary TAC 

(1) 

(1) 

(1) 

pm 

pm 

pm 

pm 

pm 

pm 

 pm 

(1) 

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

Species: 

Norway lobster 

Zone: 

EU waters of IIa and IV  

Nephrops norvegicus 

(NEP/2AC4-C) 

Analytical TAC 

Belgium 

Denmark 

Germany 

France 

The Netherlands 

United Kingdom 

Union 

TAC 

 908 

 908 

 13 

 27 

 467 

15 027 

17 350 

17 350 

EN 

53 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Norway lobster 

Zone: 

VI; EU and international waters of Vb 

Nephrops norvegicus 

(NEP/5BC6.) 

Analytical TAC 

Spain 

France 

Ireland 

United Kingdom 

Union 

TAC 

 34 

 135 

 225 

16 256 

16 650 

16 650 

Species: 

Norway lobster 

Zone: 

VII 

Nephrops norvegicus 
(1) 

1 115 

(NEP/07.) 

Analytical TAC 

Article 11 of this Regulation applies. 

(1) 

4 517 

(1) 

6 851 

(1) 

6 093 

(1) 

18 576 

18 576 

(1) 

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

Spain 

France 

Ireland 

United Kingdom 

Union 

TAC 

(1) 

Spain 

France 

Ireland 

United Kingdom 

Union 

 418

 262

 503

 203

1 386

EN 

54 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Norway lobster 

Zone: 

VIIIa, VIIIb, VIIId and VIIIe 

Nephrops norvegicus 

(NEP/8ABDE.) 

Spain 

France 

Union 

TAC 

 192 

3 008 

3 200 

3 200 

Analytical TAC 

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

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

Species: 

Norway lobster 

Zone: 

Nephrops norvegicus 

VIIIc 

(NEP/08C.) 

Analytical TAC 

Spain 

France 

Union 

TAC 

 71 

 3 

 74 

 74 

Species: 

Norway lobster 

Zone: 

Nephrops norvegicus 

IX  and  X;  EU  waters  of  CECAF 
34.1.1  

(NEP/9/3411) 

Analytical TAC 

Spain 

Portugal 

Union 

TAC 

 62 

 184 

 246 

 246 

EN 

55 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

"Penaeus" shrimps 

Zone: 

French Guiana waters  

Penaeus spp. 

(PEN/FGU.) 

France 

Union 

To be established 

To be established 

TAC 

To be established 

(1)  Article 6 of this Regulation applies. 

(1) (2) 

(2) (3) 

(2) (3) 

Precautionary TAC 

(2) 

Fishing  for  shrimps  Penaeus  subtilis  and  Penaeus  brasiliensis  is  prohibited  in  waters  less 
than 30 metres deep. 

(3) 

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

Species: 

Plaice 

Zone: 

Pleuronectes platessa 

VI;  EU  and  international  waters  of  Vb; 
international waters of XII and XIV 

(PLE/56-14) 

Precautionary TAC 

France 

Ireland 

United Kingdom 

Union 

TAC 

 15

 202

 337

 554

 554

EN 

56 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Belgium 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

TAC 

Plaice 

Zone: 

VIIa 

Pleuronectes platessa 

(PLE/07A.) 

Precautionary TAC 

 83 

 36 

 651 

 25 

 832 

1 627 

1 627 

Species: 

Plaice 

Zone: 

Pleuronectes platessa 

VIIb and VIIc 

(PLE/7BC.) 

France 

Ireland 

Union 

TAC 

Species: 

Belgium 

France 

United Kingdom 

Union 

TAC 

Precautionary TAC 

Article 11 of this Regulation applies. 

 12 

 50 

 62 

 62 

Plaice 

Zone: 

Pleuronectes platessa 

VIId and VIIe 

(PLE/7DE.)  

Analytical TAC 

 874 

2 914 

1 554 

5 342 

5 342 

(1) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on 
fully documented fisheries an additional allocation within an overall limit of 1 % of the quota allocated to 
that Member State, pursuant to Article 7 of this Regulation. 

EN 

57 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Belgium 

France 

Ireland 

United Kingdom 

Union 

TAC 

Species: 

Belgium 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

TAC 

Plaice 

Zone: 

Pleuronectes platessa 

VIIf and VIIg 

(PLE/7FG.) 

Precautionary TAC 

 74 

 135 

 21 

 70 

 300 

 300 

Plaice 

Zone: 

Pleuronectes platessa 

VIIh, VIIj and VIIk 

(PLE/7HJK.) 

Analytical TAC 

Article 11 of this Regulation applies. 

 7 

 14 

 50 

 28 

 14 

 113 

 113 

EN 

58 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Plaice 

Zone: 

Pleuronectes platessa 

VIII,  IX  and  X;  EU  waters 
of CECAF 34.1.1 

(PLE/8/3411) 

Precautionary TAC 

Spain 

France 

Portugal 

Union 

TAC 

 53 

 210 

 53 

 316 

 316 

Species: 

Pollack 

Zone: 

Pollachius pollachius 

VI;  EU  and  international  waters  of 
Vb;  international  waters  of  XII  and 
XIV 

(POL/56-14) 

Precautionary TAC 

Spain 

France 

Ireland 

United Kingdom 

Union 

TAC 

 6 

 190 

 56 

 145 

 397 

 397 

EN 

59 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Pollack 

Zone: 

VII 

Pollachius pollachius 

(POL/07.) 

Precautionary TAC 

Article 11of this Regulation applies. 

Belgium 

Spain 

France 

Ireland 

United 
Kingdom 

Union 

TAC 

 420 

 25 

9 667 

1 030 

2 353 

13 495 

13 495 

Species: 

Pollack 

Zone: 

Pollachius pollachius 

VIIIa, 
and VIIIe 

VIIIb, 

VIIId 

(POL/8ABDE.) 

Spain 

France 

Union 

TAC 

Precautionary TAC 

 202 

 984 

1 186 

1 186 

Species: 

Pollack 

Zone: 

Pollachius pollachius 

VIIIc 

(POL/08C.) 

Spain 

France 

Union 

TAC 

Precautionary TAC 

 166 

 19 

 185 

 185 

EN 

60 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Pollack 

Zone: 

IX and X; EU waters of CECAF 34.1.1  

Spain 

Portugal 

Union 

Pollachius pollachius 
(1) 

 218 

(POL/9/3411) 

Precautionary TAC 

(1) 

(1) 

 8 

 226 

TAC 

 226 

(1) 

Special condition: of which up to 5 % may be fished in EU waters of VIIIc (POL/*08C.). 

Species: 

Saithe 

Zone: 

Pollachius virens 

VII,  VIII,  IX  and  X;  EU  waters  of  CECAF 
34.1.1  

(POK/7/3411) 

Precautionary TAC 

Article 11 of this Regulation applies. 

Belgium 

France 

Ireland 

United Kingdom 

Union 

TAC 

 7 

1 505 

 752 

 410 

2 674 

2 674 

EN 

61 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Skates and rays 

Zone: 

EU waters of IIa and IV 

Rajiformes 

(SRX/2AC4-C) 

Belgium 

Denmark 

Germany 

France 

The Netherlands 

United Kingdom 

Union 

TAC 

(1) 

Precautionary TAC 

 pm 

pm 

 pm 

pm 

 pm 

pm 

 pm 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (3) 

 pm 

(3) 

Catches of cuckoo ray (Leucoraja naevus) (RJN/2AC4-C), thornback ray (Raja clavata) (RJC/2AC4-C), 
blonde ray (Raja brachyura) (RJH/2AC4-C), spotted ray (Raja montagui) (RJM/2AC4-C) and starry ray 
(Amblyraja radiata) (RJR/2AC4-C) shall be reported separately. 

(2) 

By-catch quota. These species shall not comprise more than 25 % by live weight of the catch retained on 
board per fishing trip. This condition applies only to vessels over 15 metres' length overall. 

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

EN 

62 

   EN 

 
 
 
 
 
Species: 

Skates and rays 

Zone: 

EU waters of IIIa 

(SRX/03A-C.) 

Precautionary TAC 

Rajiformes 

 pm 

pm 

 pm 

(1) (2) 

(1) (2) 

(1) (2) 

 pm 

(2) 

Denmark 

Sweden 

Union 

TAC 

(1) 

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

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

EN 

63 

   EN 

 
 
 
 
 
Species: 

Belgium 

Estonia 

France 

Germany 

Ireland 

Lithuania 

The Netherlands 

Portugal 

Spain 

United Kingdom 

Union 

TAC 

(1) 

Skates and rays 

Rajiformes 

Zone: 

EU  waters  of  VIa,  VIb,  VIIa-c  and 
VIIe-k 

(SRX/67AKXD) 

Precautionary TAC 

Article 11 of this Regulation applies. 

 pm 

pm 

 pm 

pm 

 pm 

pm 

 pm 

pm 

 pm 

pm 

 pm 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

 pm 

(2) 

ray 

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

(Leucoraja  naevus) 

(RJN/67AKXD), 

thornback 

ray 

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

(3) 

Special condition: of which up to 5 % may be fished in EU waters of VIId (SRX/*07D.). 

EN 

64 

   EN 

 
 
 
 
 
Species: 

Belgium 

France 

The Netherlands 

United Kingdom 

Union 

TAC 

(1) 

Skates and rays 

Zone: 

EU waters of VIId 

Rajiformes 

(SRX/07D.) 

Precautionary TAC 

 pm 

pm 

 pm 

pm 

 pm 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

(1) (2) (3) 

 pm 

(2) 

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

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

(3) 

Special  condition:  of  which  up  to  5 %  may  be  fished  in  EU  waters  of  VIa,  VIb,  VIIa-c  and  VIIe-k 
(SRX/*67AKD).  

EN 

65 

   EN 

 
 
 
 
 
Species: 

Skates and rays 

Zone: 

EU waters of VIII and IX 

Rajiformes 

(SRX/89-C.) 

Precautionary TAC 

 pm 

pm 

 pm 

pm 

 pm 

pm 

 pm 

pm 

(1) (2) 

(1) (2) 

(1) (2) 

(1) (2) 

(1) (2) 

(1) (2) 

(2) 

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

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

Species: 

Common sole 

Zone: 

Solea solea 

IIIa; EU waters of Subdivisions 
22-32  

(SOL/3A/BCD) 

Analytical TAC 

 470 

 27 

(1) 

 45 

(1) 

 18 

 560 

 560 

(2) 

Quota may be fished in EU waters of IIIa, Subdivisions 22-32 only. 

Special condition: of which no more than 496 may be fished in IIIa. 

Belgium 

France 

Portugal 

Spain 

United Kingdom 

Union 

TAC 

(1) 

Denmark 

Germany 

The Netherlands 

Sweden 

Union 

TAC 

(1) 

(2) 

EN 

66 

   EN 

 
 
 
 
 
 
 
 
 
 
 
Species: 

Common sole 

Zone: 

Solea solea 

VI;  EU  and 
international 
waters  of  Vb;  international 
waters of XII and XIV 

(SOL/56-14) 

Ireland 

United Kingdom 

Union 

TAC 

Species: 

Belgium 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

TAC 

Species: 

France 

 Ireland 

Union 

TAC 

Precautionary TAC 

 38 

 10 

 48 

 48 

Common sole 

Zone: 

Solea solea 

VIIa 

(SOL/07A.) 

Analytical TAC 

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

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

 31 

 0 

 7 

 9 

 13 

 60 

 60 

Common sole 

Zone: 

Solea solea 

VIIb and VIIc 

(SOL/7BC.) 

Precautionary TAC 

Article 11 of this Regulation applies.  

 6 

 29 

 35 

 35 

EN 

67 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Belgium 

France 

United Kingdom 

Union 

TAC 

Species: 

Belgium 

France 

United Kingdom 

Union 

TAC 

(1) 

Common sole 

Zone: 

VIId 

Solea solea 

(SOL/07D.) 

Analytical TAC 

1 292 

2 585 

 923 

4 800 

4 800 

Common sole 

Solea solea 

Zone: 

VIIe 

(SOL/07E.) 

Analytical TAC 

(1) 

(1) 

(1) 

 32 

 337 

 525 

 894 

 894 

In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on 
fully documented fisheries an additional allocation within an overall limit of 5 % of the quota allocated to 
that Member State, pursuant to Article 7 of this Regulation. 

EN 

68 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Belgium 

France 

Ireland 

United Kingdom 

Union 

TAC 

Species: 

Belgium 

France 

Ireland 

The Netherlands 

United Kingdom 

Union 

TAC 

Common sole 

Solea solea 

Zone: 

VIIf and VIIg 

(SOL/7FG.) 

Analytical TAC 

Zone: 

VIIh, VIIj and VIIk 

(SOL/7HJK.) 

Analytical TAC 

Article 11 of this Regulation applies. 

 688 

 69 

 34 

 309 

1 100 

1 100 

Common sole 

Solea solea 

 28 

 56 

 153 

 45 

 56 

 338 

 338 

EN 

69 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Belgium 

Spain 

France 

The Netherlands 

Union 

TAC 

Species: 

Spain 

Portugal 

Union 

TAC 

Common sole 

Solea solea 

Zone: 

VIIIa and VIIIb 

(SOL/8AB.) 

Analytical TAC 

 37 

 7 

2 750 

 206 

3 000 

3 000 

Sole 

Solea spp. 

Zone: 

VIIIc, VIIId, VIIIe, IX and X; 
EU waters of CECAF 34.1.1  

(SOO/8CDE34) 

Precautionary TAC 

 323 

 535 

 858 

 858 

EN 

70 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Belgium 

Denmark 

Germany 

France 

The Netherlands 

United Kingdom 

Union 

TAC 

Species: 

Denmark 

Sweden 

Union 

TAC 

Sprat 

Zone: 

Sprattus sprattus 

VIId and VIIe 

(SPR/7DE.) 

Precautionary TAC 

 21 

1 339 

 21 

 288 

 288 

2 163 

4 120 

4 120 

Spurdog/dogfish 

Zone: 

Squalus acanthias 

EU waters of IIIa 

(DGS/03A-C.) 

pm 

 pm 

pm 

pm 

Analytical TAC 

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

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

EN 

71 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Species: 

Belgium 

Denmark 

Germany 

France 

The Netherlands 

Sweden 

United Kingdom 

Union 

TAC 

Spurdog/dogfish 

Squalus acanthias 

Zone: 

EU waters of IIa and IV 

(DGS/2AC4-C) 

Analytical TAC 

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

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

pm 

 pm 

pm 

 pm 

pm 

 pm 

pm 

 pm 

pm 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

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

EN 

72 

   EN 

 
 
 
 
 
 
 
Species: 

Belgium 

Germany 

Spain 

France 

Ireland 

The Netherlands 

Portugal 

United Kingdom 

Union 

TAC 

(1) 

Spurdog/dogfish 

Squalus acanthias 

Zone: 

EU and international waters of I, 
V, VI, VII, VIII, XII and XIV  

(DGS/15X14) 

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 11 of this Regulation applies. 

pm 

 pm 

pm 

 pm 

pm 

 pm 

pm 

 pm 

pm 

pm 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

(1) 

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

EN 

73 

   EN 

 
 
 
 
 
Species: 

Spain 

France 

Portugal 

Union 

Horse mackerel 

Trachurus spp. 

Zone: 

VIIIc 

(JAX/08C.) 

Analytical TAC 

(1) (2) 

(1) 

(1) (2) 

pm 

 pm 

pm 

pm 

TAC 
(1)  Of  which,  notwithstanding  Article 19  of  Regulation  (EC)  No  850/981,  no  more  than  5 %  may  consist  of 
horse  mackerel  between  12  and  14  cm.  For  the  purposes  of  the  control  of  that  quantity,  the  conversion 
factor to be applied to the weight of the landings shall be 1,20. 

pm 

(2) 

Special condition: up to 5 % of this quota may be fished in IX (JAX/*09.). 

Species: 

Spain 

Portugal 

Union 

TAC 

Horse mackerel 

Trachurus spp. 

Zone: 

IX 

(JAX/09.) 

Precautionary TAC 

(1) (2) 

7 762 

22 238 

(1) (2) 

30 000 

30 000 

(1)  Of  which,  notwithstanding  Article 19  of  Regulation  (EC)  No  850/98,  no  more  than  5 %  may  consist  of 
horse  mackerel  between  12  and  14  cm.  For  the  purposes  of  the  control  of  that  quantity,  the  conversion 
factor to be applied to the weight of the landings shall be 1,20. 

(2) 

Special condition: up to 5 % of this quota may be fished in VIIIc (JAX/*08C). 

1 

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

EN 

74 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Species: 

Portugal 

Union 

Horse mackerel 

Trachurus spp. 

To be established 

To be established 

TAC 

To be established 

(1)  Waters adjacent to the Azores. 

(2) (3) 

(4) 

(4) 

Zone: 

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

Precautionary TAC 

(2) 

(3) 

(4) 

Of  which,  notwithstanding  Article 19  of  Regulation  (EC)  No  850/98,  no  more  than  5 %  may  consist  of 
horse  mackerel  between  12  and  14  cm.  For  the  purposes  of  the  control  of  that  quantity,  the  conversion 
factor to be applied to the weight of the landings shall be 1,20. 

Article 6 of this Regulation applies. 

Fixed at the same quantity as determined in accordance with footnote 3. 

Species: 

Portugal 

Union 

TAC 

Horse mackerel 

Trachurus spp. 

To be established 

To be established 

Zone: 

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

(2) (3) 

(4) 

Precautionary TAC 

To be established 

(4) 

(1)  Waters adjacent to Madeira. 

(2) 

(3) 

(4) 

Of  which,  notwithstanding  Article 19  of  Regulation  (EC)  No  850/98,  no  more  than  5 %  may  consist  of 
horse  mackerel  between  12  and  14  cm.  For  the  purposes  of  the  control  of  that  quantity,  the  conversion 
factor to be applied to the weight of the landings shall be 1,20. 

Article 6 of this Regulation applies. 

Fixed at the same quantity as determined in accordance with footnote 3. 

EN 

75 

   EN 

 
 
 
 
 
 
 
 
 
Species: 

Spain 

Union 

TAC 

Horse mackerel 

Trachurus spp. 

To be established 

To be established 

To be established 

(2) 

(3) 

(3) 

Zone: 

Precautionary TAC 

of 

EU  waters 
CECAF(1) 
(JAX/341SPN) 

(1)  Waters adjacent to the Canary Islands. 

(2) 

(3) 

Article 6 of this Regulation applies. 

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

EN 

76 

   EN 

 
 
 
 
 
ANNEX IIA 

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

1. 

SCOPE 

1.1. 

1.2. 

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

This Annex shall not apply to vessels of less than 10 metres' length overall. Those vessels 
shall not be required to carry fishing authorisations issued in accordance with Article 7 of 
Regulation (EC) No 1224/2009. Member States concerned shall assess the fishing effort of 
those vessels by effort groups to which they belong, using appropriate sampling methods. 
During 2013,  the  Commission  shall  seek  scientific  advice  for  evaluating  the  effort 
deployment of those vessels, with a view to their future inclusion into the effort regime. 

2. 

REGULATED GEARS AND GEOGRAPHICAL AREAS 

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

EN 

77 

   EN 

 
3. 

AUTHORISATIONS 

If  a  Member State  deems  so  appropriate  in  order 
the  sustainable 
implementation of this effort regime, it shall not issue an authorisation for fishing with a 
regulated  gear  in  any  of  the  geographical  areas  to  which  this  Annex  applies  by  any  of 
vessels  flying  its  flag  which  has  no  record  of  such  fishing  activity,  unless  it  ensures  that 
equivalent capacity, measured in kilowatts, is prevented from fishing in that area. 

to  reinforce 

4. 

MAXIMUM ALLOWABLE FISHING EFFORT 

4.1. 

in  Article 12(1)  of  Regulation (EC) 
The  maximum  allowable  effort  referred 
No 1342/2008 
from 1 February 2013 
to 31 January 2014,  for  each  of  the  effort  groups  of  each  Member State  is  set  out  in 
Appendix 1 to this Annex. 

the  2013  management  period, 

i.e. 

for 

to 

4.2. 

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

1 

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

EN 

78 

   EN 

 
                                                 
5. 

MANAGEMENT 

5.1. 

5.2. 

5.3. 

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

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

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

EN 

79 

   EN 

 
6. 

FISHING EFFORT REPORT 

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

7. 

COMMUNICATION OF RELEVANT DATA 

Member  States shall  transmit to  the  Commission the  data  on  fishing  effort  deployed  by 
their  fishing  vessels in  accordance  with  Articles 33  and 34  of  Regulation  (EC) 
No 1224/2009. These data shall be transmitted via the Fisheries Data Exchange System or 
any future data collection system implemented by the Commission. 

EN 

80 

   EN 

 
Appendix 1 to Annex IIA 

Maximum allowable fishing effort in kilowatt days 

Geographical area: 

Regulated gear 

(a) Kattegat 

TR1 
TR2 
TR3 
BT1 
BT2 
GN 
GT 
LL 

Geographical area 
(c) ICES division VIIa 

Geographical area 
(d) ICES division VIa 
and EU waters of ICES 
division Vb 

Regulated gear 
TR1 
TR2 
TR3 
BT1 
BT2 
GN 
GT 
LL 

Regulated gear 
TR1 
TR2 
TR3 
BT1 
BT2 
GN 
GT 
LL 

BE 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

BE 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

FR 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

DE 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

DK 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

DE 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

IE 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

SE 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

NL 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

ES 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

FR 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

IE 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

UK 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

UK 
pm 
pm 
pm 
pm 
pm 
pm 
pm 
pm 

EN 

81 

   EN 

 
 
 
 
ANNEX IIB 

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

CHAPTER I 
GENERAL PROVISIONS 

1. 

SCOPE 

This  Annex  shall  apply  to  EU  vessels  of  10 metres'  length  overall  or  more  carrying  on 
board or deploying trawls, Danish seines or similar gears of mesh size equal to or larger 
than 32 mm and gill-nets of mesh size equal to or larger than 60 mm or bottom longlines in 
accordance  with  Regulation  (EC)  No  2166/2005,  and  present  in  ICES  divisions  VIIIc 
and IXa excluding the Gulf of Cádiz. 

EN 

82 

   EN 

 
2. 

DEFINITIONS 

For the purposes of this Annex: 

(a) 

'gear grouping' means the grouping consisting of the following two gear categories: 

(i) 

trawls,  Danish  seines  or  similar  gears  of  mesh  size  equal  to  or  larger  than 
32 mm and 

(ii)  gill-nets of mesh size equal to or larger than 60 mm and bottom longlines; 

(b) 

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

(c) 

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

(d) 

'2013  management 
to 31 January 2014; 

period'  means 

the 

period 

from 

1 February 2013 

(e) 

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

3. 

LIMITATION IN ACTIVITY 

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

EN 

83 

   EN 

 
CHAPTER II 
AUTHORISATIONS 

4. 

AUTHORISED VESSELS  

4.1. 

4.2. 

A  Member State  shall  not  authorise  fishing  with  a  regulated  gear  in  the  area  by  any  of 
vessels  flying  its  flag  which  have  no  record  of  such  fishing  activity  in  the  years 2002 
to 2012 in the area, excluding the record of fishing activities as a result of transfer of days 
between fishing vessels, unless it ensures that equivalent capacity, measured in kilowatts, 
is prevented from fishing in the area. 

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

EN 

84 

   EN 

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

5. 

MAXIMUM NUMBER OF DAYS 

5.1. 

5.2. 

During  the  2013  management  period,  the  maximum  number  of  days  at  sea  for  which  a 
Member State  may  authorise  a  vessel  flying  its  flag  to  be  present  within  the  area  having 
carried on board any regulated gear is shown in Table I. 

able 

a  vessel is 

to  demonstrate 

less 
If 
than 4 % of the total live  weight of  fish  caught 
the flag 
Member State  of the vessel  shall  be  allowed not to count the days at sea associated with 
that  fishing  trip against  the  applicable  maximum  number  of  days  at  sea  as  set  out  in 
Table I. 

in  a  given  fishing 

represent 
trip, 

that its  hake 

catches 

6. 

SPECIAL CONDITIONS FOR THE ALLOCATION OF DAYS 

6.1. 

For  the  purposes  of  fixing  the  maximum  number  of  days  at  sea  an  EU  vessel  may  be 
authorised  by  its  flag  Member State  to  be  present  within  the  area,  the  following  special 
conditions shall apply in accordance with Table I: 

(a) 

the  total  landings  of  hake  in  the  year  2010  or  2011  made  by  the  vessel  concerned 
must represent less than 5 tonnes according to the landings in live weight; and 

EN 

85 

   EN 

 
(b) 

the  total  landings  of  Norway  lobster  in  the  year  2010  or  2011  made  by  the  vessel 
concerned  must  represent  less  than  2,5 tonnes  according  to  the  landings  in 
live weight. 

6.2. 

If a vessel benefits from an unlimited number of days as a result of its compliance with the 
special  conditions,  the  vessel's  landings  in  the  2013  management  period  shall  not 
exceed 5 tonnes  of  the  total  landings  in  live  weight  of  hake  and  2,5  tonnes  of  the  total 
landings in live weight of Norway lobster. 

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

6.4. 

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

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

Maximum number of days 

Regulated gear 

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

ES 

pm 

FR 

PT 

pm 

pm 

6.1.(a) 
and 6.1.(b) 

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

Unlimited 

EN 

86 

   EN 

 
 
 
 
 
 
7. 

KILOWATT DAY SYSTEM 

7.1. 

7.2. 

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

This  overall  amount  of  kilowatt  days  shall  be  the  sum  of  all  individual  fishing  efforts 
allocated to the vessels flying the flag of that Member State and qualified for the regulated 
gear and, where applicable, the special conditions. Such individual fishing efforts shall be 
calculated in kilowatt days by multiplying the engine power of each vessel by the number 
of days at sea it would benefit from, according to Table I, if point 7.1. were not applied. 
For as long as the number of days is unlimited according to Table I, the relevant number of 
days the vessel would benefit from is 360. 

EN 

87 

   EN 

 
7.3. 

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

(a) 

(b) 

(c) 

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

track  record  of  2010  and  2011  for  such  vessels  reflecting  the  catch  composition 
defined in the special condition referred to in point 6.1.(a) or (b), if these vessels are 
qualified for such special conditions; 

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

7.4. 

On the basis of that request, the Commission shall assess whether the conditions referred to 
in  point  7  are  complied  with  and,  where  applicable,  may  authorise  that  Member State  to 
benefit from the system referred to in point 7.1. 

EN 

88 

   EN 

 
8. 

8.1. 

ALLOCATION  OF  ADDITIONAL  DAYS  FOR  PERMANENT  CESSATION  OF 
FISHING ACTIVITIES 

An  additional  number  of  days  at  sea  on  which  a  vessel  may  be  authorised  by  its  flag 
Member State to be present within the area when carrying on board any regulated gear may 
be allocated to a Member State by the Commission on the basis of permanent cessations of 
fishing  activities  that  have  taken  place  between  1 February  2012  and 31 January 2013 
either in accordance with Article 23 of Regulation (EC) No 1198/20061 or Regulation (EC) 
No 744/20082.  Permanent  cessations  resulting  from  any  other  circumstances  may  be 
considered  by  the  Commission  on  a  case-by-case  basis,  following  a  written  and  duly 
motivated  request  from  the  Member  State  concerned.  Such  written  request  shall  identify 
the  vessels  concerned  and  confirm,  for  each  of  them,  that  they  shall  never  return  to 
fishing activities. 

8.2. 

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

1 

2 

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

EN 

89 

   EN 

 
                                                 
8.3. 

8.4. 

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

A  Member  State  wishing  to  benefit  from  the  allocations  referred  to  in  point 8.1.  shall 
submit  a  request  to  the  Commission,  by  15  June  2013,  with  reports  in  electronic  format 
containing, for the gear grouping and special conditions as laid down in Table I, the details 
of the calculation based on: 

(a) 

(b) 

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

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

8.5. 

On  the  basis  of  such  a  request  by  a  Member  State  the  Commission  may,  by  means  of 
implementing acts, allocate that Member State a number of days additional to that referred 
to  in  point 5.1.  for  that  Member  State.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 14(2). 

EN 

90 

   EN 

 
8.6. 

During  the  2013  management  period,  a  Member State  may  re-allocate  those  additional 
days  at  sea  to  all  or  part  of  the  vessels  remaining  in  fleet  and  qualified  for  the  regulated 
gears.  Additional  days  stemming  from  a  withdrawn  vessel  that  benefited  from  a  special 
condition  referred  to  in  point  6.1.(a)  or (b)  may  not  be  allocated  to  a  vessel  remaining 
active that does not benefit from a special condition. 

8.7.  When  the  Commission  allocates  additional  days  at  sea  due  to  a  permanent  cessation  of 
fishing activities during the 2013 management period,  the  maximum  number of  days per 
Member  State  and  gear  shown  in  Table  I  shall  be  adjusted  accordingly  for  the  2014 
management period. 

9. 

9.1. 

ALLOCATION 
SCIENTIFIC OBSERVER COVERAGE 

OF 

ADDITIONAL 

DAYS 

FOR 

ENHANCED 

Three additional days on which a vessel may be present within the area when carrying on 
board any regulated gear may be allocated to a Member State by the Commission on the 
basis  of  an  enhanced  programme  of  scientific  observer  coverage  in  partnership  between 
scientists and the fishing industry. Such a programme shall focus in particular on levels of 
discarding and on catch composition and go beyond the requirements on data collection, as 
laid  down 
implementing  rules  for 
national programmes. 

in  Regulation  (EC)  No 199/20081  and 

its 

1 

Council  Regulation  (EC)  No  199/2008  of  25  February  2008  concerning  the  establishment  of  a  Community 
framework  for  the  collection,  management  and  use  of  data  in  the  fisheries  sector  and  support  for  scientific 
advice regarding the Common Fisheries Policy (OJ L 60, 5.3.2008, p. 1). 

EN 

91 

   EN 

 
                                                 
9.2. 

9.3. 

9.4. 

9.5. 

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

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

On the basis of that description, and after consultation with STECF, the Commission may, 
by  means  of  implementing  acts,  allocate  the  Member  State  concerned  a  number  of  days 
additional  to  that  referred  to  in  point 5.1.  for  that  Member State  and  for  the  vessels,  the 
area  and  gear  concerned  by  the  enhanced  programme  of  scientific  observers.  Those 
implementing acts shall be adopted in accordance with the examination procedure referred 
to in Article 14(2). 

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

EN 

92 

   EN 

 
CHAPTER IV 
MANAGEMENT 

10. 

GENERAL OBLIGATION 

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

11. 

MANAGEMENT PERIODS 

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

management periods of durations of one or more calendar months. 

11.2. 

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

11.3.  Where  a  Member State  authorises  vessels  flying  its  flag  to  be  present  within  the  area  by 
hours, the Member State shall continue measuring the consumption of days as specified in 
point 10.  Upon  request  by  the  Commission,  the  Member State  shall  demonstrate  its 
precautionary measures taken to avoid an excessive consumption of days within the area 
due to a vessel terminating presences in the area before the end of a 24-hour period. 

EN 

93 

   EN 

 
CHAPTER V 
EXCHANGES OF FISHING EFFORT ALLOCATIONS 

12. 

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

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

12.2. 

The total number of days present within the area transferred in accordance with point 12.1., 
multiplied by the engine power in kilowatts of the donor vessel, shall not be higher than 
the donor  vessel's  average  annual days track record in the area as verified by the fishing 
logbook  in  the  years  2010  and  2011  multiplied  by  the  engine  power  in  kilowatts  of 
that vessel. 

12.3. 

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

EN 

94 

   EN 

 
12.4. 

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

12.5.  On  request  from  the  Commission,  Member  States  shall  provide  information  on  the 
transfers that have taken place. Formats of spreadsheet for the collection and transmission 
of information referred to in this point may be established by the Commission by means of 
implementing  acts.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 14(2). 

13. 

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

Member  States  may  permit  transfer  of  days  present  within  the  area  for  the  same 
management  period  and  within  the  area  between  any  fishing  vessels  flying  their  flags 
provided  that  points 4.1.  and  4.2.  and 12  apply  mutatis  mutandis.  Where  Member  States 
decide  to  authorise  such  a  transfer,  they  shall  notify  the  Commission,  before  the  transfer 
takes place, of the details of the transfer, including the number of days to be transferred, 
the fishing effort and, where applicable, the fishing quotas relating thereto. 

EN 

95 

   EN 

 
CHAPTER VI 
REPORTING OBLIGATIONS 

14. 

FISHING EFFORT REPORT 

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

15. 

COLLECTION OF RELEVANT DATA 

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

EN 

96 

   EN 

 
16. 

COMMUNICATION OF RELEVANT DATA 

Upon  request  from  the  Commission,  Member  States  shall  make  available  to  the 
Commission  a  spreadsheet  with  data  specified  in  point 15  in  the  format  specified  in 
Tables II and III by sending it to the appropriate electronic mailbox address, which shall be 
communicated  to  the  Member  States  by  the  Commission.  Member  States  shall,  upon  the 
Commission's request, send to the Commission detailed information on effort allocated and 
consumed covering all or parts of the 2012 and 2013 management periods, using the data 
format specified in Tables IV and V. 

Table II 

Reporting format kW-day information by year 

Member State 

Gear 

Year 

Cumulative effort declaration 

(1) 

(2) 

(3) 

(4) 

EN 

97 

   EN 

 
Table III 

Data format kW-day information by year 

Name of field  Maximum number 
of characters/digits

Alignment1 

L(eft)/R(ight) 

Definition and comments 

(1) Member State 

3 

(2) Gear 

2 

(3) Year 

4 

(4) Cumulative effort 
declaration 

7 

R 

Member State (Alpha-3 ISO 
code) in which the vessel is 
registered 

One of the following gear 
types: 

TR = trawls, Danish seines 
and similar gear ≥ 32 mm 

GN = gillnets ≥ 60 mm 

LL = bottom longlines 

Either 2006 or 2007 or 2008 
or 2009 or 2010 or 2011 
or 2012 or 2013 

Cumulative amount of 
fishing effort expressed in 
kilowatt days deployed from 
1 January until 31 December 
of the year 

1 

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

EN 

98 

   EN 

 
 
 
 
                                                 
e
t
a
t
S
r
e
b
m
e
M
(1) 

R
F
C

(2) 

g
n
i
k
r
a
m

l
a
n
r
e
t
x
E
(3) 

d
o
i
r
e
p

f
o

h
t
g
n
e
L

t
n
e
m
e
g
a
n
a
m

(4) 

Table IV 

Reporting format for vessel-related information 

Gear notified 

Special condition applying 
to notified gear(s) 

Days eligible using 
notified gear(s) 

Days spent with 
notified gear(s) 

No 1 

No 2 

No 3 

… 

No 1 

No 2 

No 3 

… 

No 1 

No 2 

No 3  … 

No 1 

No 2 

No 3  … 

(5) 

(5) 

(5) 

(5) 

(6) 

(6) 

(6) 

(6) 

(7) 

(7) 

(7) 

(7) 

(8) 

(8) 

(8) 

(8
) 

s
y
a
d
f
o
r
e
f
s
n
a
r
T
(
9
) 

EN 

99 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
Table V 

Data format for vessel-related information 
Alignment1 

Definition and comments 

Name of field 

Maximum 
number of 
characters/digits 

(1) Member 
State 

3 

(2) CFR 

12 

(3) External 
marking 

(4) Length of 
management 
period 

(5) Gears 
notified 

14 

2 

2 

L 

L 

L 

L(eft)/R(ight) 

Member State (Alpha-3 ISO 
code) in which vessel is 
registered 

EU fishing fleet register number 
(CFR) 

Unique identification number of 
a fishing vessel 

Member State (Alpha-3 ISO 
code) followed by an 
identifying series (9 characters). 
Where a series has fewer than 9 
characters, additional zeros 
must be inserted on the left hand 
side 

Under Regulation (EEC) 
No 1381/872 

Length of the management 
period measured in months 

One of the following gear types: 

TR = trawls, Danish seines and 
similar gear ≥ 32 mm 

GN = gillnets ≥ 60 mm 

LL = bottom longlines 

1 
2 

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

EN 

100 

   EN 

 
 
 
 
                                                 
Name of field 

(6) Special 
condition 
applying to 
notified gear(s) 

(7) Days 
eligible using 
notified gear(s) 

(8) Days spent 
with notified 
gear(s) 

2 

3 

3 

(9) Transfers of 
days 

4 

Table V 

Data format for vessel-related information 
Alignment1 

Definition and comments 

Maximum 
number of 
characters/digits 

L(eft)/R(ight) 

L 

L 

L 

L 

Indication of which, if any, of 
the special condition referred to 
in point 6.1.(a) or (b) of 
Annex IIB that apply 

Number of days for which the 
vessel is eligible under 
Annex IIB for the choice of 
gears and length of management 
period notified 

Number of days the vessel 
actually spent present within the 
area and using a gear 
corresponding to gear notified 
during the notified management 
period 

For days transferred indicate '– 
number of days transferred' and 
for days received indicate 
'+ number of days transferred'  

EN 

101 

   EN 

 
 
ANNEX IIC 

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

CHAPTER I 
GENERAL PROVISIONS 

1. 

SCOPE 

1.1. 

1.2. 

This Annex shall apply to EU vessels of 10 metres length overall or more carrying on 
board  or  deploying  beam  trawls  of  mesh  size  equal  to  or  greater  than  80  mm  and 
static nets including gill-nets, trammel-nets and tangle-nets with mesh size equal to 
or less than 220 mm in accordance with Regulation (EC) No 509/2007, and present 
in  ICES  division VIIe.  For  the  purposes  of  this  Annex,  a  reference  to  the  2013 
management period means the period from 1 February 2013 to 31 January 2014. 

Vessels  fishing with static  nets with  mesh size  equal  to or larger than 120 mm and 
with  track  records  of less  than 300 kg  live weight of sole 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  2013 
management period; 

EN 

102 

   EN 

 
(b) 

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

(c) 

by 31 July 2013  and 31 January  2014  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 2013. 

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.  

2. 

DEFINITIONS 

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

(a) 

'gear  grouping'  means  the  grouping  consisting  of  the  following  two  gear 
categories: 

(i) beam trawls of mesh size equal to or greater than 80 mm and  

(ii)  a  static  nets,  including  gill-nets,  trammel  nets  and  tangle-nets,  with  mesh 

size equal to or less than 220 mm; 

(b) 

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

(c) 

'area' means ICES division VIIe; 

(d) 

'2013  management  period'  means 
to 31 January 2014. 

the  period 

from  1 February 2013 

3. 

LIMITATION IN ACTIVITY 

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

EN 

103 

   EN 

 
CHAPTER II 
AUTHORISATIONS 

4. 

4.1 

4.2 

4.3 

AUTHORISED VESSELS 

A Member State shall not authorise fishing with a regulated gear in the area by any 
of  vessels  flying  its  flag  which  have  no  record  of  such  fishing  activity  in  the 
years 2002 to 2012 in that area unless it ensures that equivalent capacity, measured in 
kilowatts, is prevented from fishing in the area. 

However, a vessel with a track record of using a regulated gear may be authorised to 
use a different fishing gear, provided that the number of days allocated to this latter 
gear is greater than or equal to the number of days allocated to the regulated gear. 

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

EN 

104 

   EN 

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

5. 

MAXIMUM NUMBER OF DAYS 

During the 2013 management period, the maximum number of days at sea for which 
a  Member State  may  authorise  a  vessel  flying its  flag  to  be  present  within  the  area 
having carried on board any regulated gear is shown in Table I. 

Table I 

Maximum number of days a vessel may be present within the area 
by category of regulated gear per year 

Regulated gear 

Beam trawls of mesh size ≥ 80 mm 

Static nets with mesh size ≤220 mm 

Maximum number 
of days 

164 

164 

EN 

105 

   EN 

 
 
6. 

KILOWATT DAY SYSTEM 

6.1. 

6.2. 

During the 2013 management period, a Member State may manage its fishing effort 
allocations  in  accordance  with  a  kilowatt  days  system.  Through  that  system  it  may 
authorise  any  vessel  concerned  by  any  regulated  gear  as  set  out  in  Table  I  to  be 
present within the area for a maximum number of days which is different from that 
set out in that Table, provided that the overall amount of kilowatt days corresponding 
to the regulated gear is respected. 

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

6.3. 

A  Member State  wishing  to  benefit  from  the  system  referred  to  in  point 6.1.  shall 
submit a request to the Commission, with reports in electronic format containing, for 
the regulated gear as laid down in Table I, the details of the calculation based on: 

(a) 

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

EN 

106 

   EN 

 
6.4. 

7. 

7.1. 

(b) 

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

On  the  basis  of  that  request,  the  Commission  shall  assess  whether  the  conditions 
referred  to  in  point  6  are  complied  with  and,  where  applicable,  may  authorise  that 
Member State to benefit from the system referred to in point 6.1. 

ALLOCATION  OF  ADDITIONAL  DAYS  FOR  PERMANENT  CESSATION  OF 
FISHING ACTIVITIES 

An additional number of days at sea on which a vessel may be authorised by its flag 
Member State  to  be  present  within  the  area  when  carrying  on  board  any  regulated 
gear  may  be  allocated  to  a  Member  State  by  the  Commission  on  the  basis  of 
permanent cessations of fishing activities that have taken place since 1 January 2004 
either  in  accordance  with  Article 23  of  Regulation  (EC)  No 1198/200626  or 
Regulation (EC)  No 744/200827.  Permanent  cessations  resulting  from  any  other 
circumstances  may  be  considered  by  the  Commission  on  a  case-by-case  basis, 
following  a  written  and  duly  motivated  request  from  the  Member  State  concerned. 
Such  written  request  shall  identify  the  vessels  concerned  and  confirm,  for  each  of 
them, that they shall never return to fishing activities. 

26 

27 

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

EN 

107 

   EN 

 
                                                 
7.2. 

7.3. 

7.4. 

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

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

A Member State wishing to benefit from the allocations referred to in point 7.1. shall 
submit  a  request  to  the  Commission,  by  15  June  2013,  with  reports  in  electronic 
format  containing  for  the  gear  grouping  as  laid  down  in  Table  I,  the  details  of  the 
calculation based on: 

(a) 

(b) 

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

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

EN 

108 

   EN 

 
7.5. 

7.6. 

7.7. 

On the basis of such a request by a Member State the Commission may, by means of 
implementing  acts,  allocate  that  Member  State  a  number  of  days  additional  to  that 
referred  to  in  point 5  for  that  Member State.  Those  implementing  acts  shall  be 
adopted in accordance with the examination procedure referred to in Article 18(2). 

During  the  2013  management  period,  a  Member State  may  re-allocate  those 
additional days at sea to all or part of the vessels remaining in fleet and qualified for 
the regulated gears. 

A Member State may not re-allocate in the 2013 management period any additional 
number of days resulting from a permanent cessation of activity previously allocated 
by the Commission, unless the Commission has taken a decision that reassesses those 
additional numbers of days on the basis of the current gear groupings and limitations 
in days at sea. Upon the Member State's request to reassess the number of days, the 
Member State is provisionally authorised to reallocate 50 % of the additional number 
of days, until the Commission takes its decision. 

EN 

109 

   EN 

 
8. 

8.1. 

8.2. 

8.3. 

ALLOCATION  OF  ADDITIONAL  DAYS  FOR  ENHANCED  SCIENTIFIC 
OBSERVER COVERAGE 

Three  additional  days  on  which  a  vessel  may  be  present  within  the  area  when 
carrying  on  board  any  regulated  gear  may  be  allocated  between 1 February  2013 
and 31 January  2014  to  a  Member  State  by  the  Commission  on  the  basis  of  an 
enhanced  programme  of  scientific  observer  coverage  in  partnership  between 
scientists  and  the  fishing  industry.  Such  a  programme  shall  focus  in  particular  on 
levels  of  discarding  and  on  catch  composition  and  go  beyond  the  requirements  on 
data collection, as laid down in Regulation (EC) No 199/2008 and its implementing 
rules for national programmes. 

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

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

EN 

110 

   EN 

 
8.4. 

8.5. 

On the basis of that description, and after consultation with STECF, the Commission 
may, by means of implementing acts, allocate the Member State concerned a number 
of  days  additional  to  that  referred  to  in  point 5  for  that  Member  State  and  for  the 
vessels,  the  area  and  gear  concerned  by  the  enhanced  programme  of  scientific 
observers.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 14(2). 

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

CHAPTER IV 
MANAGEMENT 

9. 

GENERAL OBLIGATION 

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

10. 

MANAGEMENT PERIODS 

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

management periods of durations of one or more calendar months. 

EN 

111 

   EN 

 
10.2. 

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

10.3.  Where a Member State authorises vessels flying its flag to be present within the area 
by  hours,  the  Member State  shall  continue  measuring  the  consumption  of  days  as 
specified  in  point 9.  Upon  request  by  the  Commission,  the  Member State  shall 
demonstrate its precautionary measures taken to avoid an excessive consumption of 
days within the area due to a vessel terminating presences in the area before the end 
of a 24-hours period. 

CHAPTER V 
EXCHANGES OF FISHING EFFORT ALLOCATIONS 

11. 

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

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

EN 

112 

   EN 

 
11.2. 

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

11.3. 

The  transfer  of  days  as  described  in  point 11.1.  shall  be  permitted  between  vessels 
operating with any regulated gear and during the same management period. 

11.4.  On  request  from  the  Commission,  Member  States  shall  provide  information  on  the 
transfers  that  have  taken  place.  Formats  of  spreadsheet  for  the  collection  and 
transmission  of  information  referred  to  in  this  point  may  be  established  by  the 
Commission  by  means  of  implementing  acts.  Those  implementing  acts  shall  be 
adopted in accordance with the examination procedure referred to in Article 18(2). 

EN 

113 

   EN 

 
12. 

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

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

CHAPTER VI 
REPORTING OBLIGATIONS 

13. 

FISHING EFFORT REPORT 

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

EN 

114 

   EN 

 
14. 

COLLECTION OF RELEVANT DATA 

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

15. 

COMMUNICATION OF RELEVANT DATA 

Upon  request  from  the  Commission,  Member  States  shall  make  available  to  the 
Commission a spreadsheet with data specified in point 14 in the format specified in 
Tables II and III by sending it to the appropriate electronic mailbox address, which 
shall  be  communicated  to  the  Member States  by  the  Commission.  Member  States 
shall, upon the Commission's request, send to the Commission detailed information 
on  effort  allocated  and  consumed  covering  all  or  parts  of  the 2012  and 2013 
management periods, using the data format specified in Tables IV and V. 

Table II 

Reporting format kW-day information by year 

Member State 

(1) 

Gear 

(2) 

Year 

Cumulative effort declaration 

(3) 

(4) 

EN 

115 

   EN 

 
Table III 

Data format kW-day information by year 

Name of field 

Maximum 
number of 
characters/digits 

Alignment28 

L(eft)/R(ight) 

(1) Member State  3 

(2) Gear 

2 

(3) Year 

(4) Cumulative 
effort declaration 

4 

7 

R 

Definition and comments 

Member State (Alpha-3 
ISO code) in which the 
vessel is registered 

One of the following gear 
types: 

BT = beam trawls ≥ 80 mm 

GN = gillnet < 220 mm 

TN = trammel net or 
entangling net < 220 mm 

Either 2006 or 2007 
or 2008 or 2009 or 2010 
or 2011 or 2012 or 2013 

Cumulative amount of 
fishing effort expressed in 
kilowatt days deployed 
from 1 January 
until 31 December of 
the year 

28 

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

EN 

116 

   EN 

 
 
 
 
                                                 
Mem
ber 
State 

C
F
R 

(1) 

(2) 

E
xt
er
n
al 
m
ar
ki
n
g 
(3) 

Table IV 
Reporting format for vessel-related information 

Gear notified 

Days eligible using notified 
gear(s) 

No
 1 

No 
2 

No 
3 

… 

No 
1 

No 
2 

No 
3 

… 

Len
gth 
of 
ma
nag
em
ent 
peri
od 

Days spent with notified 
gear(s) 
No 
3 

No 
2 

… 

No
 1 

Transfer of 
days 

(4) 

(5) 

(5) 

(5) 

(5) 

(6) 

(6) 

(6) 

(6) 

(7) 

(7) 

(7) 

(7) 

(8) 

EN 

117 

   EN 

 
 
Table V 

Data format for vessel-related information 

Name of field 

Maximum 
number of 
characters/digits 

Alignment29 

L(eft)/R(ight) 

Definition and comments 

(1) Member State 

3 

(2) CFR 

12 

(3) External 
marking 

(4) Length of 
management 
period 

14 

2 

(5) Gears notified 

2 

L 

L 

L 

Member State (Alpha-3 ISO 
code) in which vessel is 
registered  

EU fishing fleet register 
number (CFR) 

Unique identification number 
of a fishing vessel 

Member State (Alpha-3 ISO 
code) followed by an 
identifying series (9 
characters). Where a series has 
fewer than 9 characters, 
additional zeros must be 
inserted on the left hand side  

Under Regulation (EEC) 
No 1381/87 

Length of the management 
period measured in months 

One of the following gear 
types: 

BT = beam trawls ≥ 80 mm 

GN = gillnet < 220 mm 

TN = trammel net or entangling 
net < 220 mm 

29 

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

EN 

118 

   EN 

 
 
 
                                                 
Table V 

Data format for vessel-related information 

Name of field 

Maximum 
number of 
characters/digits 

Alignment29 

L(eft)/R(ight) 

Definition and comments 

(6) Special 
condition applying 
to notified gear(s) 

(8) Days spent 
with notified 
gear(s) 

(9) Transfers of 
days 

3 

3 

4 

L 

L 

L 

Number of days for which the 
vessel is eligible under 
Annex IIC for the choice of 
gears and length of 
management period notified 

Number of days the vessel 
actually spent present within 
the area and using a gear 
corresponding to gear notified 
during the notified management 
period 

For days transferred indicate '– 
number of days transferred' and 
for days received indicate '+ 
number of days transferred'  

EN 

119 

   EN