Council Regulation (EU) No 1262/2012 of 20 December 2012 fixing for 2013 and 2014 the fishing opportunities for EU vessels for certain deep-sea fish stocks
Date: 2012-12-20
Institutions: Council of the European Union
Subjects: EU Member State, authorised catch, catch by species, catch quota, conservation of fish stocks, deep-sea fishing, fishing area, fishing controls, fishing rights, sea fish, ship's flag




L_2012356EN.01002201.xml










22.12.2012   


EN


Official Journal of the European Union


L 356/22








            COUNCIL REGULATION (EU) No 1262/2012
of 20 December 2012
         
fixing for 2013 and 2014 the fishing opportunities for EU vessels for certain deep-sea fish stocks


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to the proposal from the European Commission,

Whereas:







(1)


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.












(2)


Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1) 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.












(3)


It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities by fishery or group of fisheries, including certain conditions functionally linked thereto, 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 fishery and having due regard to the objectives of the Common Fisheries Policy established by Regulation (EC) No 2371/2002.












(4)


The total allowable catches (TACs) should be established on the basis of available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders, in particular at the meetings with the Advisory Committee for Fisheries and Aquaculture and the Regional Advisory Councils concerned.












(5)


Fishing opportunities should be in accordance with international agreements and principles, such as the 1995 United Nations agreement concerning the conservation and management of straddling stocks and highly migratory fish stocks (2), and the detailed management principles laid down in the 2008 Inter-national Guidelines for the Management of Deep-sea Fisheries in the High Seas of the Food and Agriculture Organisation of the United Nations, according to which, in particular, a regulator should be more cautious when information is uncertain, unreliable or inadequate. The absence of adequate scientific information should not be used as a reason for postponing or failing to take conservation and management measures.












(6)


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












(7)


Concerning deep sea sharks, the main commercial species are considered depleted and, therefore, no directed fishing should take place.












(8)


The fishing opportunities for deep-sea species as defined in Article 2(a) of Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (3) are decided on a bi-annual basis. Nevertheless, an exception is made for the stocks of greater silver smelt and the main fishery of blue ling for which the fishing opportunities depend on the outcome of the annual negotiations with Norway. The fishing opportunities for those stocks should be established in another relevant annual regulation fixing fishing opportunities.












(9)


In the interest of simplification, blue ling TACs autonomously decided by the Union should be regulated in the same legal instrument. Therefore, TACs for blue ling in international waters of II, III and IV should be included, together with the TACs for blue ling in international waters of XII, in the Regulation fixing 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.












(10)


In accordance with Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (4) the stocks that are subject to various measures referred to therein should be identified. Precautionary TACs should apply for stocks for which no scientifically-based evaluation of fishing opportunities is available specifically for the year in which the TACs are to be set; analytical TACs should apply otherwise. In view of ICES and STECF advice for deep-sea stocks, those for which a science-based evaluation of the relevant fishing opportunities is not available should be subject to precautionary TACs in this Regulation.












(11)


In light of the scientific advice, the biological distribution of some stocks of roundnose grenadier does not necessarily correspond to the TAC areas in this Regulation. In order to facilitate the sustainable exploitation of these stocks, it is appropriate to allow for increased flexibility between TAC area Vb, VI, VII, on one hand, and TAC area VIII, IX, X, XII and XIV, on the other.












(12)


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. For reasons of urgency, this Regulation should enter into force immediately after its publication,





HAS ADOPTED THIS REGULATION:



Article 1

Subject matter

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


Article 2

Definitions


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






(a)


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










(b)


‘EU waters’ means the waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent to the territories mentioned in Annex II to the Treaty;










(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, a Member State or a third country;










(e)


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






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






(a)


ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council (5);










(b)


CECAF (Committee for Eastern Central Atlantic Fisheries) zones are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council (6).







Article 3

TACs and allocations

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


Article 4

Special provisions on allocations 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)


deductions and reallocations made pursuant to Article 37 of Council Regulation (EC) No 1224/2009 (7) or pursuant to Article 10(4) of Council Regulation (EC) No 1006/2008 (8);










(c)


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










(d)


quantities withheld pursuant to Article 4 of Regulation (EC) No 847/96;










(e)


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






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



Article 5

Conditions for landing catches and by-catches

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


Article 6

Entry into force

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2013.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 2012.


For the Council


The President

S. ALETRARIS
            





(1)  
            OJ L 358, 31.12.2002, p. 59.

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

(3)  
            OJ L 351, 28.12.2002, p. 6.

(4)  
            OJ L 115, 9.5.1996, p. 3.

(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).

(6)  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).

(7)  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 policy (OJ L 343, 22.12.2009, p. 1).

(8)  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).




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

PART 1


Definition of species and species groups









1.


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







Common name


Alpha-3 code


Scientific name




Black scabbardfish


BSF



Aphanopus carbo





Alfonsinos


ALF



Beryx spp.




Roundnose grenadier


RNG



Coryphaenoides rupestris





Orange roughy


ORY



Hoplostethus atlanticus





Red seabream


SBR



Pagellus bogaraveo





Greater Forkbeard


GFB



Phycis blennoides

















2.


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







Common name


Alpha-3 code


Scientific name




Deep-water catsharks


API



Apristurus spp.




Frilled shark


HXC



Chlamydoselachus anguineus





Gulper shark


GUP



Centrophorus granulosus





Leafscale gulper shark


GUQ



Centrophorus squamosus





Portuguese dogfish


CYO



Centroscymnus coelolepis





Longnose velvet dogfish


CYP



Centroscymnus crepidater





Black dogfish


CFB



Centroscyllium fabricii





Birdbeak dogfish


DCA



Deania calcea





Kitefin shark


SCK



Dalatias licha





Greater lanternshark


ETR



Etmopterus princeps





Velvet belly


ETX



Etmopterus spinax





Blackmouth catshark (Blackmouth dogfish)


SHO



Galeus melastomus





Mouse catshark


GAM



Galeus murinus





Bluntnose six-gill shark


SBL



Hexanchus griseus





Sailfin roughshark (Sharpback shark)


OXN



Oxynotus paradoxus





Knifetooth dogfish


SYR



Scymnodon ringens





Greenland shark


GSK



Somniosus microcephalus










PART 2


Annual fishing opportunities applicable for EU vessels in areas where TACs exist by species and by area (in tonnes live weight)
















Species


:


Deep-sea sharks













Zone


:


EU and international waters of V, VI, VII, VIII and IX (DWS/56789-)








Year


2013


2014


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




Germany


0 


0 




Estonia


0 


0 




Ireland


0 


0 




Spain


0 


0 




France


0 


0 




Lithuania


0 


0 




Poland


0 


0 




Portugal


0 


0 




United Kingdom


0 


0 




Union


0 


0 




TAC


0 


0 






















Species


:


Deep-sea sharks













Zone


:


EU and international waters of X (DWS/10-)








Year


2013


2014


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




Portugal


0 


0 




Union


0 


0 




TAC


0 


0 






















Species


:


Deep-sea sharks, Deania hystricosa and Deania profundorum














Zone


:


International waters of XII (DWS/12INT-)








Year


2013


2014


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




Ireland


0 


0 




Spain


0 


0 




France


0 


0 




United Kingdom


0 


0 




Union


0 


0 




TAC


0 


0 






















Species


:


Black scabbardfish

Aphanopus carbo














Zone


:


EU and international waters of I, II, III and IV (BSF/1234-)








Year


2013


2014


Precautionary TAC




Germany


3 


3 




France


3 


3 




United Kingdom


3 


3 




Union


9 


9 




TAC


9 


9 






















Species


:


Black scabbardfish

Aphanopus carbo














Zone


:


EU and international waters of V, VI, VII and XII (BSF/56712-)








Year


2013


2014


Analytical TAC




Germany


35 


46 




Estonia


17 


22 




Ireland


87 


113 




Spain


174 


226 




France


2 440 


3 172 




Latvia


113 


147 




Lithuania


1 


1 




Poland


1 


1 




United Kingdom


174 


226 




Others (1)



9 


12 




Union


3 051 


3 966 




TAC


3 051 


3 966 






















Species


:


Black scabbardfish

Aphanopus carbo














Zone


:


EU and international waters of VIII, IX and X (BSF/8910-)








Year


2013


2014


Analytical TAC




Spain


12 


12 




France


29 


29 




Portugal


3 659 


3 659 




Union


3 700 


3 700 




TAC


3 700 


3 700 






















Species


:


Black scabbardfish

Aphanopus carbo














Zone


:


EU and international waters of CECAF 34.1.2. (BSF/C3412-)








Year


2013


2014


Precautionary TAC




Portugal


3 674 


3 490 




Union


3 674 


3 490 




TAC


3 674 


3 490 






















Species


:


Alfonsinos

Beryx spp.













Zone


:


EU and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV (ALF/3X14-)








Year


2013


2014


Analytical TAC




Ireland


10 


9 




Spain


70 


67 




France


19 


18 




Portugal


203 


193 




United Kingdom


10 


9 




Union


312 


296 




TAC


312 


296 






















Species


:


Roundnose grenadier

Coryphaenoides rupestris














Zone


:


EU and international waters of I, II and IV (RNG/124-)








Year


2013


2014


Precautionary TAC




Denmark


1 


1 




Germany


1 


1 




France


10 


10 




United Kingdom


1 


1 




Union


13 


13 




TAC


13 


13 






















Species


:


Roundnose grenadier

Coryphaenoides rupestris














Zone


:


EU and international waters of III (RNG/03-) (2)









Year


2013


2014


Precautionary TAC




Denmark


643 


515 




Germany


4 


3 




Sweden


33 


26 




Union


680 


544 




TAC


680 


544 






















Species


:


Roundnose grenadier

Coryphaenoides rupestris














Zone


:


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








Year


2013 (3)



2014 (3)



Analytical TAC




Germany


8 


8 




Estonia


63 


63 




Ireland


279 


279 




Spain


70 


70 




France


3 539 


3 539 




Lithuania


81 


81 




Poland


41 


41 




United Kingdom


208 


208 




Others (4)



8 


8 




Union


4 297 


4 297 




TAC


4 297 


4 297 






















Species


:


Roundnose grenadier

Coryphaenoides rupestris














Zone


:


EU and international waters of VIII, IX, X, XII and XIV (RNG/8X14-)








Year


2013 (5)



2014 (5)



Analytical TAC




Germany


23 


21 




Ireland


5 


4 




Spain


2 573 


2 317 




France


119 


107 




Latvia


41 


37 




Lithuania


5 


4 




Poland


805 


724 




United Kingdom


10 


9 




Union


3 581 


3 223 




TAC


3 581 


3 223 






















Species


:


Orange roughy

Hoplostethus atlanticus














Zone


:


EU and international waters of VI (ORY/06-)








Year


2013


2014


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




Ireland


0 


0 




Spain


0 


0 




France


0 


0 




United Kingdom


0 


0 




Union


0 


0 




TAC


0 


0 






















Species


:


Orange roughy

Hoplostethus atlanticus














Zone


:


EU and international waters of VII (ORY/07-)








Year


2013


2014


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




Ireland


0 


0 




Spain


0 


0 




France


0 


0 




United Kingdom


0 


0 




Others


0 


0 




Union


0 


0 




TAC


0 


0 






















Species


:


Orange roughy

Hoplostethus atlanticus














Zone


:


EU and international waters of I, II, III, IV, V, VIII, IX, X, XII and XIV (ORY/1CX14)








Year


2013


2014


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




Ireland


0 


0 




Spain


0 


0 




France


0 


0 




Portugal


0 


0 




United Kingdom


0 


0 




Union


0 


0 




TAC


0 


0 






















Species


:


Red seabream

Pagellus bogaraveo














Zone


:


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








Year


2013


2014


Analytical TAC




Ireland


6 


5 




Spain


156 


143 




France


8 


7 




United Kingdom


20 


18 




Others (6)



6 


5 




Union


196 


178 




TAC


196 


178 






















Species


:


Red seabream

Pagellus bogaraveo














Zone


:


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








Year


2013 (7)



2014 (7)



Analytical TAC




Spain


614 


614 




Portugal


166 


166 




Union


780 


780 




TAC


780 


780 






















Species


:


Red seabream

Pagellus bogaraveo














Zone


:


EU and international waters of X (SBR/10-)








Year


2013


2014


Analytical TAC




Spain


9 


8 




Portugal


1 004 


904 




United Kingdom


9 


8 




Union


1 022 


920 




TAC


1 022 


920 






















Species


:


Greater Forkbeard

Phycis blennoides














Zone


:


EU and international waters of I, II, III and IV (GFB/1234-)








Year


2013


2014


Analytical TAC




Germany


9 


9 




France


9 


9 




United Kingdom


13 


13 




Union


31 


31 




TAC


31 


31 






















Species


:


Greater Forkbeard

Phycis blennoides














Zone


:


EU and international waters of V, VI and VII (GFB/567-)








Year


2013 (8)



2014 (8)



Analytical TAC




Germany


10 


10 




Ireland


260 


260 




Spain


588 


588 




France


356 


356 




United Kingdom


814 


814 




Union


2 028 


2 028 




TAC


2 028 


2 028 






















Species


:


Greater Forkbeard

Phycis blennoides














Zone


:


EU and international waters of VIII and IX (GFB/89-)








Year


2013 (9)



2014 (9)



Analytical TAC




Spain


242 


242 




France


15 


15 




Portugal


10 


10 




Union


267 


267 




TAC


267 


267 






















Species


:


Greater Forkbeard

Phycis blennoides














Zone


:


EU and international waters of X and XII (GFB/1012-)








Year


2013


2014


Analytical TAC




France


9 


9 




Portugal


36 


36 




United Kingdom


9 


9 




Union


54 


54 




TAC


54 


54 






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

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

(3)  A maximum of 10 % of each quota may be fished in EU and international waters of VIII, IX, X, XII and XIV (RNG/*8X14-).

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

(5)  A maximum of 10 % of each quota may be fished in EU and international waters of Vb, VI, VII (RNG/*5B67-).

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

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

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

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