Proposal for a COUNCIL REGULATION fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters
Date: 2015-12-03
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, catch area, catch by species, catch quota, conservation of fish stocks, international waters, sea fish, sea fishing, ship's flag

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   EUROPEAN COMMISSION  Brussels, 3.12.2015  COM(2015) 559 final/2 2015/0259 (NLE)   CORRIGENDUM This document corrects document COM(2015) 559 final of 10.11.2015. Concerns all language versions. Modification of Articles 2 and 10 to clarify their application to recreational fisheries. The text shall read as follows: Proposal for a COUNCIL REGULATION fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

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, Regulation (EU) No 1380/2013 of the European Parliament and of the Council 
on the Common Fisheries Policy (“the basic regulation of the CFP”) 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 those plans. 

This  proposal  contains  fishing  opportunities  that  the  Union  establishes  autonomously. 
However, it also features fishing opportunities resulting from multilateral or bilateral fisheries 
consultations.  The  outcome  is  implemented  by  providing  for  internal  allocation  among 
Member States on the principle of relative stability. 

Thus this proposal covers, apart from autonomous Union stocks: 

 

 

Shared stocks, i.e. stocks that are jointly managed with Norway in the North Sea and 
the  Skagerrak,  or  related  to  North  East  Atlantic  Fisheries  Commission  (NEAFC) 
Coastal State consultations. 

Fishing  opportunities  resulting  from  agreements  reached  in  the  framework  of 
Regional Fisheries Management Organisations (RFMOs). 

A number of fishing opportunities are marked as "pm" (pro memoria) in this proposal. This is 
due to the fact that: 

– 

– 

– 

the advice on some stocks is not available at the time when the proposal is adopted; 
or 

certain  catch  limitations  and  other  recommendations  from  the  relevant  RFMOs  are 
pending because their annual meetings have not taken place yet; or 

for some  stocks  in  Greenland waters, as  well as shared  stocks or  stocks exchanged 
with Norway and other third countries, the figures are not available yet, pending the 
conclusion of consultations in November and December 2015 with those countries; 
or 

– 

for a few TACs the advice has been received, but the evaluation is still ongoing. 

Stock overview 

As  usual,  the  Commission  has  reviewed  the  situation  to  which  the  fishing  opportunities 
proposals  must  respond  via  its  annual  Communication  from  the  Commission  concerning  a 

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consultation on Fishing Opportunities (COM(2015)239), hereinafter "Communication"). The 
Communication provides an overview of the state of the stocks based on the findings of the 
scientific advice issued in 2015. On the positive side, the Communication reports that, among 
the number of stocks for which a full analysis is available is increasing. And of the stocks for 
which MSY advice is available, more than half is fished at a level at or below which would 
produce the maximum sustainable yield.  

In response to the Commission's request, the International Council for the Exploration of the 
Seas (ICES) provided on 30 June 2015 its annual advice on most fish stocks covered by this 
proposal.  ICES  has  taken  into  account  the  orientations  presented  by  the  Commission  in  its 
Communication. 

Scientific  advice  delivered  by  ICES  is  essentially  dependent  on  data:  only  stocks  for  which 
there  is  sufficient  and  reliable  data  can  be  fully  assessed,  so  that  stock  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"). Where sufficient data is available, the scientific 
bodies are 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  other  cases,  the  scientific  bodies  rely  on  the  precautionary  approach  to 
make  recommendations  as  to  what  the  level  of  fishing  opportunities  should  be.  The 
methodology followed by ICES to that end is presented in ICES published material pertaining 
to the implementation of advice for data limited stocks1. 

The main group of TACs proposed are included in Annex IA. This annex contains 153 TACs 
for stocks fished in the Skagerrak, Kattegat, ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, 
X, XII and XIV, EU waters of CECAF and French Guiana waters. Of these TACs, 11 are set 
according to MSY advice. As for the rest: 

 

 

 

1 

3 TACs are proposed in line with long-term management strategies e.g. management 
plans  stemming  from  specific  CFP  regulations  in  force,  Commission  proposals  for 
management  plans  not  yet  adopted,  or  a  management  approach  put  forward  by 
Advisory  Councils  (ACs)  and  evaluated  as  precautionary  by  scientific  advisory 
bodies. 

51 TACs concern data-limited stocks, for which a full assessment is not available. Of 
these, 26 TACs are proposed at the same level as in 2015, following a joint statement 
by the Council and the Commission whereby the fishing opportunities would be kept 
stable  unless  scientific  advice  became  available  showing  that  the  stock  is 
deteriorating. The rationale for this decision lies in the fact that most of these stocks 
are by-catches in mixed fisheries and there is no real incidence of TAC changes on 
the evolution of their status, whereas recurrent TAC cuts may give rise to regulatory 
discards. 

The remaining TACs are at this stage shown in “pm” (pro memoria) due to the fact 
that the related scientific advice is not yet available, further analysis of the advice is 
necessary or international negotiations or arrangements should be concluded later in 

See  in  particular  the  document  "General  Context  of  ICES  Advice"  at  the  following  link: 
http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2015/2015/General_context_of_ICES_ad
vice_2015.pdf 

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the  year  (e.g.  RFMO  meetings).  For  these  stocks,  the  proposal  will  need  to  be 
updated when the related advice and information becomes available. 

All  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. 

Landing obligation introduced by Regulation (EU) No 1380/2013 

The  landing  obligation  introduced  by  the  basic  regulation  of  the  CFP  is  becoming 
progressively applicable from 2015 to 2019. In 2019, all stocks under a TAC shall be subject 
to the landing obligation. As from 1 January 2016, certain demersal fisheries in the North Sea, 
North-Western  and  South-Western  Atlantic  waters  will  be  placed  under  the  landing 
obligation. On the basis of the joint recommendations submitted by the Member States and in 
accordance  with  Article  15  of  Regulation  (EU)  No  1380/2013,  the  Commission  adopted 
Delegated Regulations laying down specific discard plans. 

With  the  introduction  of  the  landing  obligation,  and  in  accordance  with  Article  16(2)  of 
Regulation (EU) No 1380/2013, the fishing opportunities proposed are to reflect the change 
from  amount  landed  to  amount  caught,  taking  into  account  that  discards  are  no  longer 
allowed.  This  is  done  on  the  basis  of  the  received  scientific  advice  for  the  fish  stocks  in 
fisheries  referred  to  in  Article  15(1)  of  the  new  basic  regulation  of  the  CFP.  The  fishing 
opportunities should also be fixed in accordance with other relevant provisions, i.e. Articles 
16(1) (referring to the principle of relative stability) and 16(4) (referring to the objectives of 
the Common Fisheries Policy and the rules provided for in multiannual plans). 

As a consequence, the Commission will propose TAC increases for stocks which will become 
subject to the landing obligation in 2016. Where catches from the same stock must be landed 
in the fisheries brought under the landing obligation in 2016, but other catches from the same 
stock can still be discarded (caught in fisheries coming under the landing obligation between 
2017 and 2019), the Commission will propose, on the basis of the best available data, TAC 
increases corresponding to the amounts that will have to be landed. 

Following the Commission's request to Member States to received detailed discard data, the 
Commission  received  such  data  for  the  North  Sea.  For  north-western  and  south-western 
waters  Member  States  sent  data  based  on  average  discard  rates.  The  Commission  has 
therefore sought scientific advice on the contribution of each fleet segment under the landing 
obligation to total catches and discards for the stocks concerned and the discard rate of these 
fleet segments in relation to those stocks. 

In  parallel  the  Commission  has  sought  scientific  advice  on  using  average  discard  rates  as  a 
basis for TAC adjustments. Pending this scientific advice, the TACs concerned by increases 
due to the introduction of the landing obligation in 2016 are marked as "pm". 

Finally, the links between the new basic regulation of the CFP and Council Regulation (EC) 
No  847/96  must  be  considered.  The  latter  establishes  additional  conditions  for  year-to-year 
management  of  TACs,  including  flexibility  provisions  under  Articles  3  and  4  for 
precautionary and analytical stocks respectively. Under its Article 2, when fixing the TACs, 
the Council shall decide to which stocks Articles 3 and 4 shall not apply, in particular on the 
basis of the biological status of the stocks. More recently, another flexibility mechanism was 
introduced by Article 15(9) of Regulation (EU)  No 1380/2013. Therefore, in order to  avoid 
excessive  flexibility  that  would  undermine  the  principle  of  rational  and  responsible 
exploitation  of  living  marine  biological  resources  and  hinder  the  achievement  of  the 
objectives  of  the  Common  Fisheries  Policy,  it  should  be  clarified  that  Article  3  and  4  of 

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Regulation (EC) No 847/96 cannot apply in addition to the year-to-year flexibility provided 
for in Article 15(9) of Regulation 1380/2013. 

Measures on sea bass 

The  ICES  advice  for  sea  bass  for  2016  highlights  the  perilous  state  of  this  stock;  spawning 
biomass continues to decline and recruitment continues to be low. As the fishing mortality of 
sea bass in the North East Atlantic is currently four times higher than the level which would 
ensure maximum sustainable yield (MSY), ICES again advised to substantially reduce fishing 
mortality  of  that  stock.  Sea  bass  is  a  late  maturing  species  and  stock  recovery  will  take  an 
estimated 4-7 years. It requires a comprehensive package of measures taken without any delay 
to address the rapid decline of the stock. 

In light of the seriousness of the 2015 ICES advice, there is a clear need to continue actions to 
protect this stock and to build on the progress made in 2015 and to provide further protection 
of  the  spawning  stock,  maximise  recruitment  and  reduce  the  catches  of  sea  bass.  The 
proposed  measures  are  intended  to  ensure  that  all  those  who  would  benefit  from  a  rebuilt 
stock contribute to its rebuilding. 

Again it is considered that the social and economic impact of taking action now outweighs the 
eventual  cost  of  not  taking  action  and  causing  the  stock  to  decline  further.  A  coherent 
management  approach  is  needed  to  rebuild  the  sea  bass  stock  and  bring  it  back  to 
sustainability  in  the  medium  term.  The  Commission  intends  to  propose  measures  for  the 
management  of  sea  bass  under  the  upcoming  multiannual  management  plan  for  North  Sea 
stocks. 

• 

Consistency with existing policy provisions in the policy area 

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. 

• 

Consistency with other Union policies 

The  measures  proposed  are  consistent  with  other  Union  policies,  in  particular  with  the 
policies in the field of environment. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

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 the new basic regulation of the CFP. 

• 

Subsidiarity (for non-exclusive competence)  

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 

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. 

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The  proposed  Council  Regulation  allocates  fishing  opportunities  to  Member  States.  Having 
regard to Articles 16 and 17 of Regulation 1380/2013, Member States then proceed 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 the instrument 

Proposed instrument: regulation.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

The  fishing  opportunities  regulation  is  revised  several  times  per  year  to  introduce  the 
necessary changes to reflect the most recent scientific advice and other developments. 

• 

(a) 

Stakeholder consultations 

Consultation methods, main sectors targeted and general profile of respondents 

The  Commission  has  consulted  stakeholders,  in  particular  through  the  Advisory  Councils 
(ACs),  and  Member  States  on  its  proposed  approach  to  its  various  fishing  opportunities 
proposals on the basis of its Communication on Fishing Opportunities for 2015. 

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. 

Furthermore, the Commission organised an event for stakeholders on 14 July 2015, 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 

The response to the Commission Communication on Fishing Opportunities mentioned above 
reflects the views of stakeholders on the evaluation made by the Commission of the state of 
the resources and how to ensure the appropriate management response. These responses have 
been considered by the Commission when formulating the Proposal. 

• 

Collection and use of expertise 

As for the methodology used, the Commission consulted, as already noted, the International 
Council  for  the  Exploration  of  the  Sea  (ICES).  Advice  from  ICES  is  based  on  an  advice 
framework  developed  by  its  expert  groups  and  decision-making  bodies  and  issued  in 
accordance with the Memorandum of Understanding agreed with the Commission. 

The ultimate objective is to bring and maintain the stocks to levels that can deliver Maximum 
Sustainable  Yield  (MSY).  This  objective  has  been  incorporated  expressly  in  the  new  basic 
regulation  of  the  CFP,  in  particular  its  Article  2(2)  stating  that  this  objective  “shall  be 
achieved  by  2015  where  possible,  and  […]  by  2020  for  all  stocks".  This  reflects  the 
commitment  taken  by  the  Union  regarding  the  conclusions  of  the  2002  World  Summit  on 
Sustainable Development in Johannesburg and its related Plan of Implementation. As already 

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noted, for some stocks information on maximum sustainable yield levels is indeed available. 
Among these, there are very 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. Against this background, this proposal makes use of the MSY 
advice,  where  available.  In  line  with  the  objectives  of  the Common  Fisheries  Policy,  where 
TACs  are  proposed  on  the  basis  of  MSY  advice,  the  TAC  corresponds  to  the  level  which, 
according to that advice, would ensure delivery of the MSY objective in 2015.This approach 
follows the principles presented in the Communication on fishing opportunities for 2015. 

For data-limited stocks, the scientific advisory bodies issue recommendations 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  from  one  year  to  the  other,  on  precautionary  grounds.  This 
guidance 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 some 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. Finally, as mentioned above, for certain stocks the advice is used for the purpose of 
implementing management plans. 

• 

Impact assessment 

The  scope  of  the  fishing  opportunities  regulation  is  circumscribed  by  Article  43(3)  of  the 
Treaty. 

The  Union  has  adopted  a  number  of  multiannual  management  plans  for  stocks  of  key 
economic  importance,  including  cod,  sole,  plaice,  and  others.  Before  their  adoption,  such 
plans are subject to the requirement of an impact assessment. Once in force, they determine 
the TAC and effort 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 fishing  opportunities in 
accordance  with  these  plans  as  long  as  they  remain  valid  and  in  force.  As  a  result,  many 
crucial  fishing  opportunities  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  multiannual  plans  may  not  be  in  place,  the 
proposal seeks to avoid short-term approaches in favour of long-term sustainability decisions, 
and  hence  it  takes  into  account  initiatives  from  stakeholders  and  ACs  if  they  have  been 
positively  reviewed  by  ICES  and/or  STECF.  Furthermore,  the  Commission's  CFP  reform 
proposal  was  duly  developed  on  the  basis  of  an  impact  assessment  (SEC(2011)891)  in  the 
context of which the MSY objective was analysed. Its conclusions identify this objective as a 
necessary condition to achieve environmental, economic and social sustainability.  

As regards RFMO fishing opportunities and stocks which are shared with third countries, this 
proposal  essentially  transposes  internationally  agreed  measures.  Any  elements  relevant  to 
assess  possible  impacts  of  the  fishing  opportunities  are  dealt  with  in  the  preparation  and 
conduct  phase  of  international  negotiations  in  the  framework  of  which  the  Union's  fishing 
opportunities are agreed with third parties. 

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• 

Regulatory fitness and simplification 

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

• 

Fundamental rights 

Not applicable 

4. 

BUDGETARY IMPLICATIONS 

The proposed measures will have no budgetary implications. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The provisions of the Regulation will be implemented and the compliance will be controlled 
in accordance with the existing Common Fisheries Policy. 

• 

Detailed explanation of the specific provisions 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.  

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

Iberian waters 

Anglerfish has slightly deteriorated, and megrims continue the deteriorating trend of last year, 
and  several  Norway  lobster  functional  units  remain  depleted.  As  regards  Southern  hake, 
biomass is stabilising, while fishing pressure remains too high.  

Bay of Biscay 

The  state  of  the  sole  stock  is  further  deteriorating.  Over  the  past  years  scientists  have  been 
advising on TAC reductions. In 2013 ICES considered precautionary long-term management 
measures  put  forward by stakeholders. The 2015 TAC is  based on those  measures aimed at 
keeping  the  TAC  constant  while  gradually  bringing  down  fishing  mortality  to  sustainable 
levels.  Since  fishing  mortality  increased  in  recent  years  and  the  biomass  is  now  below  the 
precautionary level, the TAC should be reduced in 2016.  

Celtic Sea and English Channel 

Despite measures taken, high levels of discarding still persist in this area, both in the whitefish 
and the flatfish fisheries. Accordingly, scientific advice calls for significant TAC cuts e.g. for 
cod and haddock. As regards sole in the Eastern English Channel, priority must be given to 
implement urgent measures to recover this stock: recruitment has been low over the last two 
years and the long-term viability of the fishery is at risk. 

West of Scotland 

Cod  and  whiting  remain  in  poor  condition  with  discards  still  in  the  region  of  70%  for  both 
species.  The  situation  may  be  worsened  by  the  advice  on  Norway  lobster,  to  be  released  in 
autumn. Discards of undersized and over-quota fish continues to be an issue. 

Irish Sea 

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Cod and whiting remain in poor condition, although selectivity for the Norway lobster fleet 
seems to have produced some results for these two stocks; still, ICES advice identifies high 
discards  here.  Sole  is  at  its  lowest  recorded  spawning  biomass.  In  contrast,  plaice  is  under-
utilised and widely discarded, but the stock is stable. 

The Kattegat 

As  regards  cod  in  the  Kattegat,  the  advice  for  2016  shows  an  improving  picture.  The 
spawning-stock biomass (SSB) has strongly increased since 2009 from a historical low. The 
mortality has shown a decreasing trend since 2008. ICES continues to highlight the problem 
of discards, the stock is still considered to be in a poor state.  

North Sea 

The stocks of cod, haddock, whiting, saithe, plaice, mackerel and herring in the North Sea are 
jointly managed with Norway, so the TACs and the quota allocations will be fixed following 
the  EU-Norway  consultations  in  November  and  December.  The  general  situation  for  the 
North Sea is positive. Haddock, herring and plaice are increasing. A significant development 
is that cod is showing a strong recovery, though it is still fished above Fmsy and the stock has 
yet  to  reach  the  precautionary  biomass.  In  contrast  the  scientific  advice  for  saithe  and 
Nephrops indicates cuts to the TAC are warranted. 

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2015/0259 (NLE) 

Proposal for a 

COUNCIL REGULATION 

fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks, 
applicable in Union waters and, for Union vessels, in certain non-Union waters 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

2 

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. 
Regulation  (EU)  No  1380/2013  of  the  European  Parliament  and  of  the  Council2 
requires that conservation measures be adopted taking into account available scientific, 
technical  and  economic  advice,  including,  where  relevant,  reports  drawn  up  by  the 
Scientific,  Technical  and  Economic  Committee  for  Fisheries  (STECF)  and  other 
advisory bodies, as well as in the light of any advice received from Advisory Councils. 

It  is  incumbent  upon  the  Council  to  adopt  measures  on  the  fixing  and  allocation  of 
fishing  opportunities,  including  certain  conditions  functionally  linked  thereto,  as 
appropriate.  In  accordance  with  Article  16(4)  of  Regulation  (EU)  No  1380/2013, 
fishing opportunities should be fixed in accordance with the objectives of the Common 
Fisheries  Policy  established  in  Article  2(2)  of  that  Regulation.  In  accordance  with 
Article 16(1) of that Regulation, fishing opportunities should be allocated to Member 
States in such a way as to ensure relative stability of fishing activities of each Member 
State for each fish stock or fishery. 

The  total  allowable  catch  (TACs)  should  therefore  be  established,  in  line  with 
Regulation (EU) No 1380/2013, 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 Advisory Councils. 

The landing obligation referred to in Article 15 of Regulation (EU) No 1380/2013 is 
introduced  on  a  fishery-by-fishery  basis.  In  the  region  covered  by  this  Regulation, 
when a fishery falls under the landing obligation, all species in that fishery subject to 
catch limits should be landed. As of 1 January 2016, the landing obligation applies to 
the  species  that  define  the  fisheries.  On  the  basis  of  the  joint  recommendations 
submitted by the Member States and in accordance with Article 15 of Regulation (EU) 
No  1380/2013  the  Commission  adopted  a  number  of  delegated  Regulations  laying 

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on 
the  Common  Fisheries  Policy,  amending  Council  Regulations  (EC)  No 1954/2003  and  (EC)  No 
1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council 
Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22). 

EN 

10 

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down  specific  discard  plans  applicable  on  a  temporary  basis  for  a  period  no  longer 
than three years, in preparation for the full implementation of the landing obligation. 
Article  16(2)  of  Regulation  (EU)  No  1380/2013  provides  that,  when  the  landing 
obligation in respect of a fish stock is introduced, fishing opportunities are to be fixed 
taking into account the change from fixing fishing opportunities that reflect landings to 
fixing fishing opportunities that reflect catches. 

According to the scientific advice, sea bass (Dicentrarchus labrax) in the Celtic Sea, 
Channel, Irish Sea and southern North Sea (ICES divisions IVb,c and VIIa,d-h) is in 
perilous state and continues to decline. The conservation actions to prohibit fishing for 
sea bass in ICES divisions VIIb, VIIc, VIIj and VIIk should be maintained and should 
include  ICES  divisions  VIIa  and  VIIg,  with  the  exception  of  the  waters  within  12 
nautical miles of the baseline under the sovereignty of the United Kingdom. Spawning 
aggregations of sea bass should be protected and no catches should be allowed in the 
entire  distribution  area  of  the  stock  for  the  first  six  months  of  the  year.  Due  to 
incidental  and  unavoidable  by-catches  of  sea  bass  by  vessels  using  demersal  trawls 
and  seines,  they  should  be  limited  to  1%  of  the  weight  of  the  total  catch  of  marine 
organisms  on  board.  Further  restrictions  of  catches  are  needed  to  protect  sea  bass 
outside  the  spawning  periods,  therefore  monthly  catch  limits  should  apply  in  ICES 
divisions IVb and IVc, as well as VIId, VIIe, VIIf and VIIh, and in the UK territorial 
sea  in  ICES  divisions  VIIa  and  VII.  Catches  of  recreational  fishermen  should  be 
limited further. 

For some years, certain TACs for stocks of elasmobranchs (skates, sharks, rays) have 
been set at 0, with a linked provision establishing an obligation to immediately release 
accidental catches. The reason for this specific treatment is that those stocks are in a 
poor  conservation  status  and,  because  of  their  high  survival  rates,  discards  will  not 
raise  fishing  mortality  rates  for  them;  discards  are  deemed  as  beneficial  for  the 
conservation of these species. Since 1 January 2015, however, catches of these species 
in  pelagic  fisheries  have  to  be  landed,  unless  they  are  covered  by  any  of  the 
derogations from the landing obligation foreseen in Article 15 of Regulation (EU) No 
1380/2013. Article 15(4)(a) of that Regulation allows such derogations for species in 
respect of which fishing is prohibited and which are identified as such in a Union legal 
act adopted in the area of the Common Fisheries Policy. Therefore, it is appropriate to 
prohibit the fishing of these species in the areas concerned. 

Pursuant  to  Article  16(4)  of  Regulation  (EU)  No  1380/2013,  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  sole  in  the 
Western  Channel,  of  plaice  and  sole  in  the  North  Sea,  of  cod  in  the  Kattegat,  to  the 
west of Scotland, the Irish Sea, the North Sea, Skagerrak and the Eastern Channel and 
of bluefin tuna in the Eastern Atlantic and the Mediterranean should be established in 
accordance with the rules laid down in Council Regulations (EC) No 509/20073, (EC) 
No 676/20074, (EC) No 1300/20085, (EC) No 1342/20086 (the "Cod Plan") and (EC) 
No 302/20097. 

Council  Regulation  (EC)  No  509/2007  of  7  May  2007  establishing  a  multi-annual  plan  for  the 
sustainable 
Channel 
exploitation 
(OJ L 122, 11.5.2007, p. 7). 
Council  Regulation  (EC)  No  676/2007  of  11  June  2007  establishing  a  multiannual  plan  for  fisheries 
exploiting stocks of plaice and sole in the North Sea (OJ L 157, 19.6.2007, p. 1). 

the  Western 

stock 

sole 

the 

of 

of 

in 

(6) 

(7) 

(8) 

3 

4 

EN 

11 

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(9) 

As regards the stock of herring to the west of Scotland, ICES provided advice for the 
herring  stock  in  Divisions  VIa  and  VIIb,c  (West  of  Scotland,  West  of  Ireland),  as  a 
result of the recent benchmark exercise. According to ICES, a rebuilding plan has to 
be developed for this stock. This advice covers two separate TACs (for VIaS, VIIb,c 
on  the  one  hand,  and  for  Vb,  VIb  and  VIaN  on  the  other).  Since  there  is  no  agreed 
management plan for the combined stocks, and the management plan for the northern 
stock is no longer considered valid for the combined stocks, TACs need to be based on 
the maximum sustainable yield (MSY) advice. 

(10)  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 Article 4(1)(8) of Regulation (EU) No 
1380/2013,  while  taking  into  account  stock-specific  factors,  including,  in  particular, 
available information on stock trends and mixed fisheries considerations. 

(11)  Council Regulation (EC) No 847/968 introduced additional conditions for year-to-year 
management  of  TACs,  including  flexibility  provisions  under  Articles  3  and  4  for 
precautionary  and  analytical  stocks  respectively.  Under  Article  2  of  that  Regulation, 
when fixing the TACs, the Council is to decide to which stocks Articles 3 and 4 do not 
apply, in particular on the basis of the biological status of the stocks. More recently, a 
flexibility mechanism was introduced for all catches covered by the landing obligation 
by  Article  15(9)  of  Regulation  (EU)  No  1380/2013.  Therefore,  in  order  to  avoid 
excessive flexibility, which would undermine the conservation objectives set out in the 
Common Fisheries Policy, and to prevent negative impacts on the biological state of 
the stocks, Articles  3 and 4 of Regulation (EC) No 847/96 may apply to TACs only 
where  Member  States  do  not  use  the  year-to-year  flexibility  provided  for  in  Article 
15(9) of Regulation (EU) No 1380/2013. 

(12)  Where  a  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. 

(13) 

It  is  necessary  to  establish  the  fishing  effort  ceilings  for  2016  in  accordance  with 
Article  8  of  Regulation  (EC)  No  2166/2005,  Article  5  of  Regulation  (EC)  No 
509/2007, Article 9 of Regulation (EC) No 676/2007, Articles 11 and 12 of Regulation 
(EC)  No  1342/2008  and  Articles  5  and  9  of  Regulation  (EC)  No  302/2009,  while 
taking into account Council Regulation (EC) No 754/20099. 

5 

6 

7 

8 

9 

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  stock  (OJ L 344, 
20.12.2008, p. 6). 
Council  Regulation  (EC)  No  1342/2008  of  18  December  2008  establishing  a  long-term  plan  for  cod 
stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004 (OJ L 348, 
24.12.2008, p. 20). 
Council  Regulation  (EC)  No  302/2009  of  6  April  2009  concerning  a  multiannual  recovery  plan  for 
bluefin  tuna  in  the  eastern  Atlantic  and  Mediterranean,  amending  Regulation  (EC)  No  43/2009  and 
repealing Regulation (EC) No 1559/2007 (OJ L 96, 15.4.2009, p. 1). 
Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year 
management of TACs and quotas (OJ L 115, 9.5.1996, p. 3). 
Council  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 1342/2008 (OJ L 214, 19.8.2009, 
p. 16). 

EN 

12 

   EN 

 
                                                                                                                                                         
(14) 

In the light of the most recent scientific advice from ICES and in accordance with the 
international commitments in the context of the NEAFC Convention10, it is necessary 
to limit the fishing effort on certain deep-sea species. 

(15)  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. 

(16)  At the 11th Conference of the Parties of the Convention of Migratory Species of Wild 
Animals, held in Quito from 3 to 9 November 2014, a number of species was added to 
the  lists  of  protected  species  in  Appendices  I  and  II  of  the  Convention,  with  effect 
from  8  February  2015.  Therefore,  it  is  appropriate  to  provide  for  the  protection  of 
those species with respect to Union vessels fishing in all waters and non-Union vessels 
fishing in Union waters. 

(17)  The use of fishing opportunities available to Union vessels set out in this Regulation is 
subject  to  Council  Regulation  (EC)  No  1224/200911,  and  in  particular  to  Articles  33 
and 34 of that Regulation, 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. 

(18) 

(19) 

(20) 

10 
11 

12 

13 

14 

It  is  appropriate,  following  advice  from  the  ICES,  to  maintain  a  specific  system  to 
manage sandeel in Union waters of ICES divisions IIa and IIIa and ICES subarea IV. 
Given that the ICES scientific advice is expected to become available only in February 
2016, it is appropriate to set the TAC and quotas for this stock provisionally at  zero 
until such advice is released. 

In order to guarantee full use of fishing opportunities, it is appropriate to allow for the 
implementation of a flexible arrangement between some of the TAC areas where the 
same biological stock is concerned. 

In  accordance  with  the  procedure  provided  for  in  the  agreements  or  protocols  on 
fisheries  relations  with  Norway12  and  the  Faroe  Islands13  the  Union  has  held 
consultations on fishing rights  with those partners. In accordance with the procedure 
provided for in the agreement and protocol on fisheries relations with Greenland14, the 
Joint  Committee  has  established  the  level  of  fishing  opportunities  available  for  the 
Union in Greenland waters in 2015. It is therefore necessary to include these fishing 

Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries. 
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, amending Regulations 
(EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) 
No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) 
No  1300/2008,  (EC)  No 1342/2008  and  repealing  Regulations  (EEC)  No  2847/93,  (EC)  No  1627/94 
and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1). 
Agreement on fisheries between the European Economic Community and the Kingdom of Norway (OJ 
L 226, 29.8.1980, p. 48) 
Agreement  on  fisheries  between  the  European  Economic  Community,  of  the  one  part,  and  the 
Government of Denmark and the Home Government of the Faeroe Islands, of the other part (OJ L 226, 
29.8.1980, p. 12). 
Fisheries  Partnership  Agreement  between  the  European  Community  on  the  one  hand,  and  the 
Government of Denmark and the Home Rule Government of Greenland, on the other hand (OJ L 172, 
30.6.2007, p. 4) and Protocol setting out the fishing opportunities and financial contribution provided 
for in that Agreement (OJ L 293, 23.10.2012, p. 5). 

EN 

13 

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opportunities  in  this  regulation.  [Recital  to  be  modified,  as  well  as  the  relevant 
provisions to which it refers, after the new consultations are held] 

(21)  At its Annual Meeting in 2014, NEAFC adopted a conservation measure on the redfish 
stock  in  the  Irminger  Sea  fixing  for  2015  the  TAC  and  quotas  for  the  contracting 
parties,  including  the  Union.  Furthermore,  consultations  between  NEAFC  Coastal 
States will continue in 2015 on fishing opportunities for Atlanto-Scandian herring for 
that year. It is therefore appropriate to fix provisional catch limits for Atlanto-Scandian 
herring  as  a  percentage  of  the  Union  quota  in  place  for  2014,  whilst  awaiting  a 
revision following the outcome of the NEAFC Coastal States consultations. [Recital to 
be  modified,  as  well  as  the  relevant  provisions  to  which  it  refers,  after  the  new 
consultations are held] 

(22)  At its Annual Meeting in 2014, NEAFC did not adopt a conservation measure on the 
redfish stock in ICES international waters of I and II fixing the TAC and quotas for the 
Contracting  Parties.  Consultations  will  continue  in  2015  on  fishing  opportunities  for 
this redfish stock. As the fishery occurs in the second half of the year, catch limits for 
this  stock  will  be  fixed  during  2015,  taking  account  of  the  outcome  of  the  NEAFC 
Coastal States consultations. [Recital to be modified, as well as the relevant provisions 
to which it refers, after the new consultations are held] 

(23)  At its Annual Meeting in 2015, the International Commission for the Conservation of 
Atlantic Tunas (ICCAT) adopted an increase of the TACs and quotas for bluefin tuna 
over  a  period  of  three  years,  and  confirmed  TACs  and  quotas  for  North-Atlantic 
swordfish,  Southern-Atlantic  swordfish,  Southern-Atlantic  Albacore  and  North- 
Atlantic Albacore at the current level for the 2015-2016 period. Furthermore, as it is 
already  the  case  for  the  stock  of  bluefin  tuna,  it  is  appropriate  that  catches  in 
recreational  and  sport  fisheries  performed  on  all  other  ICCAT  stocks  included  in 
Annex ID also be subject to the catch limits adopted by that organisation in order to 
guarantee  that  the  Union  does  not  exceed  its  quotas.  All  these  measures  should  be 
implemented 
Union. 
[Recital to be modified, as well as the relevant provisions to which it refers, after the 
new annual meeting is held]. 

law 

the 

the 

of 

in 

(24)  At its Annual Meeting in 2014, the Parties to the Commission for the Conservation of 
Antarctic  Marine  Living  Resources  (CCAMLR)  adopted  catch  limits  for  both  target 
and  by-catch  species,  including  a  by-catch  quota  for  the  years  2015  and  2016  for 
certain  exploratory  fisheries  in  subarea  88.2.  The  uptake  of  such  quota  during  2015 
should be considered when setting fishing opportunities for the year 2016. [Recital to 
be modified, as well as the relevant provisions to which it refers, after the new annual 
meeting is held]. 

(25)  At its Annual Meeting in 2015, the Indian Ocean Tuna Commission (IOTC) confirmed 
the  conservation  and  management  measures  on  capacity  in  place.  The  IOTC  also 
adopted  a  measure  on  limitation  of  Fish  Aggregating  Devices  (FADs).  As  the 
activities  of  supply  vessels  and  the  use  of  FADs  are  an  integral  part  of  the  fishing 
effort exerted by the purse seine fleet, the measure should be implemented in the law 
of the Union by this Regulation. 

(26)  The  Annual  Meeting  of 

the  South  Pacific  Regional  Fisheries  Management 
Organisation  (SPRFMO)  will  be  held  on  25-29  January  2016.  It  is  appropriate  that 
current measures in the SPRFMO Convention Area are provisionally maintained until 
such  Annual  Meeting  is  held.  However,  the  stock  of  jack  mackerel  should  not  be 
targeted before a TAC is set as a result of that Annual Meeting. 

EN 

14 

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(27)  At  its  89th  Annual  Meeting  in  2015,  the  Inter-American  Tropical  Tuna  Commission 
(IATTC)  maintained  its  conservation  measures  for  yellowfin  tuna,  bigeye  tuna  and 
skipjack  tuna.  IATTC  also  maintained  its  resolution  on  the  conservation  of  oceanic 
whitetip sharks. Those measures should continue to be implemented in the law of the 
Union. 

(28)  At  its  Annual  Meeting  in  2015,  the  South  East  Atlantic  Fisheries  Organisation 
(SEAFO) adopted a conservation measure for biennial TACs for Patagonian toothfish 
and  deep-sea  red  crab,  while  the  existing  TACs  for  alfonsinos,  orange  roughy  and 
pelagic  armourhead  remained  in  force.  The  currently  applicable  measures  on 
allocation of fishing  opportunities adopted  by SEAFO should  be implemented in  the 
law of the Union. [Recital to be modified, as well as the relevant provisions to which it 
refers, after the new annual meeting is held]. 

(29)  At  its  12th  Annual  Meeting,  the  Western  and  Central  Pacific  Fisheries  Commission 
(WCPFC) 
measures 
[Recital to be modified, as well as the relevant provisions to which it refers, after the 
new annual meeting is held]. 

conservation 

management 

adopted 

and 

(30)  At its Annual Meeting in 2013, the Parties to the Convention on the Conservation and 
Management  of  Pollock  resources  in  the  central  Bering  Sea  did  not  modify  its 
measures  regarding  fishing  opportunities.  Those  measures  should  be  implemented  in 
the  law  of  the  Union.  [Recital  to  be  modified,  as  well  as  the  relevant  provisions  to 
which it refers, after the new annual meeting is held] 

(31)  At  its  37th  Annual  Meeting  in  2015,  the  Northwest  Atlantic  Fisheries  Organisation 
(NAFO)  adopted  a  number  of  fishing  opportunities  for  2016  of  certain  stocks  in 
Subareas 1-4 of the NAFO Convention Area. 

(32) 

 Certain  international  measures  which  create  or  restrict  fishing  opportunities  for  the 
Union  are  adopted  by  the  relevant  Regional  Fisheries  Management  Organisations 
(RFMOs) at the end of the year and become applicable before the entry into force of 
this  Regulation.  It  is  therefore  necessary  for  the  provisions  that  implement  such 
measures in the law of the Union to apply retroactively. In particular, since the fishing 
season  in  CCAMLR  Convention  Area  runs  from  1  December  to  30  November,  and 
thus  certain  fishing  opportunities  or  prohibitions  in  the  CCAMLR  Convention  Area 
are laid down for a period of time starting from 1 December 2015, it is appropriate that 
the  relevant  provisions  of  this  Regulation  apply  from  that  date.  Such  retroactive 
application  will  be  without  prejudice  to  the  principle  of  legitimate  expectations  as 
CCAMLR members are forbidden to fish in the CCAMLR Convention Area without 
authorisation. 

(33) 

In accordance with the declaration by the Union addressed to the Bolivarian Republic 
of Venezuela on the granting of fishing opportunities in EU waters to fishing vessels 
flying the flag of Bolivarian Republic of Venezuela in the exclusive economic zone off 
the  coast  of  French  Guiana15,  it  is  necessary  to  fix  the  fishing  opportunities  for 
snappers available to Venezuela in Union waters. 

(34) 

In  order  to  ensure  uniform  conditions  for  granting  an  individual  Member  State  an 
authorisation  to  benefit  from  the  system  of  managing  its  fishing  effort  allocations  in 
accordance with a kilowatt days system, implementing powers should be conferred on 

15 

OJ L 6, 10.1.2012, p. 9. 

EN 

15 

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(35) 

(36) 

the  Commission.  Those  powers  should  be  exercised  in  accordance  with  Regulation 
(EU) No 182/2011 of the European Parliament and of the Council16. 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing powers should be conferred on the Commission relating to the granting 
of additional days at sea for permanent cessation of fishing activities and for enhanced 
scientific observer coverage as well as to establish the formats of spreadsheet for the 
collection and transmission of information concerning transfer of days at sea between 
fishing vessels flying the flag of a Member State. 

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 2016, except 
for  the  provisions  concerning  fishing  effort  limits,  which  should  apply  from  1 
February  2016,  and  certain  provisions  in  particular  regions,  which  should  have  a 
specific date of application. For reasons of urgency, this Regulation should enter into 
force immediately after its publication. 

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

Union, 

HAS ADOPTED THIS REGULATION: 

16 

Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of 16 February  2011 
laying down the rules and general principles concerning mechanisms for control by Member States of 
the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). 

EN 

16 

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TITLE I 
GENERAL PROVISIONS 

Article 1 
Subject matter 

1. 

This  Regulation  fixes  the  fishing  opportunities  available  in  Union  waters  and,  to 
Union vessels, in certain non-Union waters for certain fish stocks and groups of fish 
stocks. 

2. 

The fishing opportunities referred to in paragraph 1 include: 

(a) 

(b) 

(c) 

(d) 

catch limits for the year 2016 and, where specified in this Regulation, for the 
year 2017; 

fishing effort limits for the period from 1 February 2016 to 31 January 2017, 
except where other periods are established for effort limits in Articles 9, 31 and 
32 and Annex IIE; 

fishing  opportunities  for  the  period  from  1  December  2015  to  30  November 
2016 for certain stocks in the CCAMLR Convention Area; 

fishing opportunities for certain stocks in the IATTC Convention Area set out 
in Article 28 for the periods in 2016 and 2017 specified in that provision. 

Article 2 
Scope 

This Regulation shall apply to the following vessels: 

(a) 

(b) 

Union vessels;  

third-country vessels in Union waters. 

This Regulation shall also apply to recreational fisheries where they are expressly referred to 
in the relevant provisions. 

Article 3 
Definitions 

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

(a) 

(b) 

(c) 

(d) 

(e) 

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

'third-country  vessel'  means  a  fishing  vessel  flying  the  flag  of,  and  registered  in,  a 
third country. 

'recreational  fisheries'  means  non-commercial  fishing  activities  exploiting  marine 
living aquatic resources such as for recreation, tourism or sport. 

the  sovereignty  or  jurisdiction  of  the 
'Union  waters'  means  waters  under 
Member States,  with  the  exception  of  waters  adjacent  to  the  territories  listed  in 
Annex II to the Treaty; 

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

EN 

17 

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(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

'stock' means a marine biological resource that occurs in a given management area; 

'total allowable catch' (TAC) means: 

(i) 

in  fisheries  subject  to  the  landing  obligation  referred  to  in  Article  15  of 
Regulation  (EU)  No  1380/2013,  the  quantity  that  can  be  caught  from  each 
stock each year; 

(ii) 

in all other fisheries, the quantity that can be landed from each stock each year; 

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

'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;  

'precautionary  approach  to  fisheries  management',  means  an  approach  according  to 
which the absence of adequate scientific information should not justify postponing or 
failing  to  take  management  measures  to  conserve  target  species,  associated  or 
dependent species and non-target species and their environment; 

'mesh  size'  means  the  mesh  size  of  fishing  nets  as  determined  in  accordance  with 
Commission Regulation (EC) No 517/200817; 

'Union  fishing  fleet  register'  means  the  register  set  up  by  the  Commission  in 
accordance with Article 24(3) of Regulation (EU) No 1380/2013; 

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

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

Article 4 
Fishing zones 

(a) 

(b) 

(c) 

(d) 

17 

18 

ICES  (International  Council  for  the  Exploration  of  the  Sea)  zones  are  the 
geographical areas specified in Annex III to Regulation (EC) No 218/200918; 

'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; 

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

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 

18 

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– 

– 

– 

– 

– 

– 

– 

53° 30' N 15° 00' W, 

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) 

'Functional Unit 26 of ICES division IXa' means the geographical area bounded by 
rhumb lines sequentially joining the following positions: 

– 

– 

– 

– 

43° 00' N 8° 00' W, 

43° 00' N 10° 00' W, 

42° 00' N 10° 00' W, 

42° 00' N 8° 00' W; 

(f) 

'Functional Unit 27 of ICES division IXa' means the geographical area bounded by 
rhumb lines sequentially joining the following positions: 

– 

– 

– 

– 

– 

– 

42° 00' N 8° 00' W, 

42° 00' N 10° 00' W, 

38° 30' N 10° 00' W, 

38° 30' N 9° 00' W, 

40° 00' N 9° 00' W, 

40° 00' N 8° 00' W; 

(g) 

(h) 

19 

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

CECAF  (Committee  for  Eastern  Central  Atlantic  Fisheries)  areas  are 
the 
geographical  areas  specified  in  Annex  II  to  Regulation  (EC)  No 216/2009  of  the 
European Parliament and of the Council19; 

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 

19 

   EN 

 
                                                 
(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

(o) 

(p) 

(q) 

(r) 

20 

21 
22 
23 

24 
25 
26 
27 

NAFO (Northwest Atlantic Fisheries Organisation) areas are the geographical areas 
specified in Annex III to Regulation (EC) No 217/2009 of the European Parliament 
and of the Council20; 

'SEAFO  (South  East  Atlantic  Fisheries  Organisation)  Convention  Area'  is  the 
geographical  area  defined  in  the  Convention  on  the  Conservation  and  Management 
of Fishery Resources in the South-East Atlantic Ocean21; 

'ICCAT  (International  Commission  for  the  Conservation  of  Atlantic  Tunas) 
Convention Area' is the geographical area defined in the International Convention for 
the Conservation of Atlantic Tunas22; 

'CCAMLR  (Commission  for 
the  Conservation  of  Antarctic  Marine  Living 
Resources) Convention Area' is the geographical area defined in point (a) of Article 2 
of Regulation (EC) No 601/200423; 

'IATTC  (InterAmerican  Tropical  Tuna  Commission)  Convention  Area'  is  the 
geographical  area  defined  in  the  Convention  for  the  Strengthening  of  the  Inter-
American  Tropical  Tuna Commission  established by the 1949 Convention between 
the  United States  of  America  and  the  Republic  of  Costa  Rica  ("the  Antigua 
Convention")24; 

'IOTC (Indian Ocean Tuna Commission) Convention Area' is the geographical area 
defined  in  the  Agreement  for  the  establishment  of  the  Indian  Ocean  Tuna 
Commission25; 

'SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention 
Area'  is  the  high  seas  geographical  area  south  of  10o  N,  north  of  the  CCAMLR 
Convention  Area,  east  of  the  SIOFA  Convention  Area  as  defined  in  the  Southern 
Indian Ocean Fisheries Agreement26, and west of the areas of fisheries jurisdictions 
of South American States; 

'the WCPFC (Western and Central Pacific Fisheries Commission) Convention Area' 
is  the  geographical  area  defined  in  the  Convention  on  the  Conservation  and 
Management  of  Highly  Migratory  Fish  Stocks  in  the  Western  and  Central  Pacific 
Ocean27; 

'high seas of the Bering Sea' is the geographical area of the high seas of the Bering 
Sea  beyond 200 nautical  miles  from  the  baselines  from  which  the  breadth  of  the 
territorial sea of the coastal States of the Bering Sea is measured; 

'overlap area  between IATTC and  WCPFC' is  the geographical area defined by the 
following limits: 

Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the 
submission of catch and activity statistics by Member States fishing in the north-west Atlantic (OJ L 87, 
31.3.2009, p. 42). 
Concluded by Council Decision 2002/738/EC (OJ L 234, 31.8.2002, p. 39). 
The Union acceded by Council Decision 86/238/EEC (OJ L 162, 18.6.1986, p. 33). 
Council  Regulation  (EC)  No  601/2004  of  22  March  2004  laying  down  certain  control  measures 
applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic 
marine  living  resources  and  repealing  Regulations  (EEC)  No 3943/90,  (EC)  No  66/98  and  (EC)  No 
1721/1999 (OJ L 97, 1.4.2004, p. 16). 
Concluded by Council Decision 2006/539/EC (OJ L 224, 16.8.2006, p. 22). 
The Union acceded by Council Decision 95/399/EC (OJ L 236, 5.10.1995, p. 24). 
Concluded by Council Decision 2008/780/EC (OJ L 268, 9.10.2008, p. 27). 
The Union acceded by Council Decision 2005/75/EC (OJ L 32, 4.2.2005, p. 1). 

EN 

20 

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– 

– 

– 

– 

longitude 150º W, 

longitude 130º W, 

latitude 4º S, 

latitude 50º S. 

EN 

21 

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TITLE II 
FISHING OPPORTUNITIES FOR UNION VESSELS 

Chapter I 
General provisions 

Article 5 
TACs and allocations 

1. 

2. 

1. 

2. 

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

Union vessels shall be authorised to make catches, within the TACs set out in Annex 
I, in waters falling within the fisheries jurisdiction of the  Faroe Islands, Greenland, 
Iceland and Norway, and the fishing zone around Jan Mayen, subject to the condition 
set out in Article 15 of and Annex III to this Regulation and in Regulation (EC) No 
1006/200828 and its implementing provisions. 

Article 6 
TACs to be determined by Member States 

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) 

(ii) 

if  analytical  assessments  are  available,  in  the  exploitation  of  the  stock 
consistent with  maximum sustainable yield  from 2016  onwards, with  as 
high a probability as possible; 

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

incomplete, 

in 

3. 

By 15 March 2016,  each  Member State  concerned  shall  submit  the  following 
information to the Commission: 

(a) 

(b) 

the TACs adopted; 

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. 

28 

Council  Regulation  (EC)  No 1006/2008  of  29  September  2009  concerning  authorisations  for  fishing 
activities  of  Community  fishing  vessels  outside  Community  waters  and  the  access  of  third-country 
vessels  to  Community  waters,  amending  Regulations  (EEC)  No  2847/93  and  (EC)  No  1627/94  and 
repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33). 

EN 

22 

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Article 7 
Conditions for landing catches and by-catches 

1. 

Fish  from  stocks  for  which  TACs  are  established  and  that  are  not  subject  to  the 
landing obligation shall be retained on board or landed only if: 

(a) 

(b) 

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

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

2. 

The  stocks  of  non-target  species  within  safe  biological  limits  referred  to  in  Article 
15(8) of Regulation (EU) No 1380/2013 are identified in Annex I for the purposes of 
the  derogation  from  the  obligation  to  count  catches  against  the  relevant  quotas 
provided for in that Article. 

Article 8 
Fishing effort limits 

For  the  periods  referred  to  in  Article  1(2)(b),  the  following  fishing  effort  measures  shall 
apply: 

(a) 

(b) 

Annex IIA for the management of certain cod, sole, and plaice stocks in the Kattegat, 
the Skagerrak, that part of ICES division IIIa not covered by the Skagerrak and the 
Kattegat, ICES subarea IV and ICES divisions VIa, VIIa and VIId and Union waters 
of ICES divisions IIa and Vb; 

Annex IIB 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 for the management of the sole stock in ICES division VIIe. 

Article 9 
Catch and effort limits for deep-sea fisheries 

1. 

2. 

Article  3(1)  of  Regulation  (EC)  No  2347/200229  establishing  the  requirement  of 
holding  a  deep-sea  fishing  permit  shall  apply  to  Greenland  halibut.  The  catching, 
retaining on board, transhipping and landing of Greenland halibut shall be subject to 
the conditions referred to in that Article. 

Member  States  shall  ensure  that  for  2016  the  fishing  effort  levels,  measured  in 
kilowatt days absent from port, by vessels holding deep-sea fishing permits referred 
to  in  Article 3(1)  of  Regulation  (EC)  No  2347/2002,  do  not  exceed  65 %  of  the 
average annual fishing effort deployed by the vessels of the Member State concerned 
in  2003  on  trips  when  deep-sea  fishing  permits  were  held  or  deep-sea  species,  as 
listed in Annexes I and II to that Regulation, were caught. This paragraph shall apply 
only  to  fishing  trips  on  which  more  than  100 kg  of  deep-sea  species,  other  than 
greater silver smelt, are caught. 

29 

Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements 
and associated conditions applicable to fishing for deep-sea stocks (OJ L 351, 28.12.2002, p. 6). 

EN 

23 

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Article 10 
Measures on Sea bass fisheries 

It shall be prohibited for Union vessels to fish for sea bass in ICES divisions VIIb, 
VIIc, VIIj and VIIk, as well as in the waters of ICES divisions VIIa and VIIg that are 
more  than  12  nautical  miles  from  the  baseline  under  the  sovereignty  of  the  United 
Kingdom.  It  shall  be  prohibited  for  Union  vessels  to  retain  on  board,  tranship, 
relocate or land sea bass caught in that area. 

From 1 January 2016 to 30 June 2016, it shall be prohibited to Union vessels to fish 
for sea bass in ICES divisions IVb, IVc, VIIa and from VIId to VIIh, and to retain on 
board,  relocate,  tranship  or  land  sea  bass  caught  in  that  area.  However,  a  Union 
vessel deploying  demersal trawls and  seines30  shall  be permitted to  retain on board 
catches  of  sea  bass  that  are  not  more than  1%  of  the  weight  of  the  total  catches  of 
marine organisms on board. 

From 1 July  2016 to  31 December 2016 it shall be prohibited for Union vessels to 
fish quantities exceeding 1 000 kilograms per any vessel per month of sea bass in the 
following areas: 

(a) 

ICES divisions IVb, IVc, VIId, VIIe VIIf and VIIh;   

waters within 12 nautical miles from baseline under the sovereignty of 

(b) 
the United Kingdom in ICES divisions VIIa and VIIg. 

During  that period,  it  shall  also  be  prohibited  for  Union  vessels  to  retain  on  board, 
relocate, tranship or land quantities of sea bass exceeding 1 000 kilograms caught in 
those areas. 

The  catch  limits  set  in  this  paragraph  shall  not  be  transferable  from  one  month  to 
another or between vessels. Member States shall report to the Commission catches of 
sea bass per type of gear not later than 20 days after the end of each month. 

From 1 January 2016 to 30 June 2016, it shall be prohibited in recreational fisheries 
to fish for sea bass, including from shore, in ICES divisions IVb, IVc, VIIa and from 
VIId to VIIh, and to retain on board, relocate, tranship or land sea bass caught in that 
area. 

In  recreational  fisheries,  including  from  shore,  not  more  than  one  specimen  of  sea 
bass may be retained per fisherman per day during the following periods and in the 
following areas: 

from  1  July  2016  to  31  December  2016  in  ICES  divisions  IVb,  IVc, 

(a) 
VIIa and from VIId to VIIh; 

from 1 January 2016 to 31 December 2016 in ICES divisions VIIj and 

(b) 
VIIk. 

Article 11 
Special provisions on allocations of fishing opportunities 

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 16(8) of Regulation (EU) No 1380/2013; 

All types of demersal trawls including Danish/Scottish seines, including OTB, OTT, PTB, TBB, SSC, 
SDN, SPR, SV, SB, SX, TBN, TBS, TB. 

1. 

2. 

3. 

4. 

5. 

1. 

30 

EN 

24 

   EN 

 
 
 
 
                                                 
(b)  deductions  and  reallocations  made  pursuant  to  Article  37  of  Regulation  (EC) 

No 1224/2009; 

(c) 

(d) 

(e) 

(f) 

reallocations made pursuant to Article 10(4) of Regulation (EC) No 1006/2008; 

additional landings allowed under Article 3 of Regulation (EC) No 847/96 and 
Article 15(9) of Regulation 1380/2013; 

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

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

(g)  quota transfers and exchanges pursuant to Article 15 of this Regulation. 

Stocks which are subject to precautionary or analytical TACs are identified in Annex 
I  to  this  Regulation  for  the  purposes  of  the  year-to-year  management  of  TACs  and 
quotas provided for in Regulation (EC) No 847/96. 

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

Articles  3  and  4  of  Regulation  (EC)  No  847/96  shall  not  apply  to  TACs  where 
Member  States  use  the  year-to-year  flexibility  provided  for  in  Article  15(9)  of 
Regulation (EU) No 1380/2013. 

Article 12 
Closed fishing seasons 

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  May  2016:  cod,  megrims, 
anglerfish,  haddock,  whiting,  hake,  Norway  lobster,  plaice,  pollack,  saithe,  skates 
and rays, common sole, tusk, blue ling, ling and spurdog. 

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

Point 

Latitude 

Longitude 

52° 27' N 

52° 40' N 

52° 47' N 

52° 47' N 

52° 13,5' N 

51° 22' N 

51° 22' N 

52° 10' N 

52° 32' N 

52° 43' N 

12° 19' W 

12° 30' W 

12° 39,600' W 

12° 56' W 

13° 53,830' W 

14° 24' W 

14° 03' W 

13° 25' W 

13° 07,500' W 

12° 55' W 

2. 

3. 

4. 

1. 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

EN 

25 

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Point 

Latitude 

Longitude 

11 

12 

13 

14 

52° 43' N 

52° 38,800' N 

52° 27' N 

52° 27' N 

12° 43' W 

12° 37' W 

12° 23' W 

12° 19' W 

By  way  of  derogation  from  the  first  subparagraph,  transit  through  the  Porcupine 
Bank  while  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. 

2. 

Commercial  fishing  for  sandeel  with  demersal  trawl,  seine  or  similar  towed  gears 
with  a  mesh  size  of  less  than 16 mm  shall  be  prohibited in  ICES  divisions  IIa,  IIIa 
and  ICES  subarea  IV  from  1  January  to  31  March  2016  and  from 1 August  to  31 
December 2016. 

The  prohibition  set  out  in  the  first  subparagraph  shall  also  apply  to  third-country 
vessels authorised to fish for sandeel in Union waters of ICES subarea IV. 

Article 13 
Prohibitions 

1. 

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

(1) 

starry ray (Amblyraja radiata) in Union waters of ICES divisions IIa, IIIa and 
VIId and ICES subarea IV; 

(2)  white shark (Carcharodon carcharías) in all waters; 

(3) 

leafscale  gulper  shark  (Centrophorus  squamosus)  in  Union  waters  of  ICES 
division  IIa  and  subarea  IV  and  in  Union  and  international  waters  of  ICES 
subareas I and XIV;  

(4)  Portuguese  dogfish  (Centroscymnus  coelolepis)  in  Union  waters  of  ICES 
division  IIa  and  subarea  IV  and  in  Union  and  international  waters  of  ICES 
subareas I and XIV; 

(5)  basking shark (Cetorhinus maximus) in all waters; 

(6)  kitefin shark (Dalatias licha) in Union waters of ICES division IIa and subarea 

IV and in Union and international waters of ICES subareas I and XIV;  

(7)  birdbeak  dogfish  (Deania  calcea)  in  Union  waters  of  ICES  division  IIa  and 
subarea IV and in Union and international waters of ICES subareas I and XIV;  

(8) 

common  skate  (Dipturus  batis)  complex  (Dipturus  cf.  flossada  and  Dipturus 
cf. intermedia) in Union waters of ICES division IIa and ICES subareas III, IV, 
VI, VII, VIII, IX and X; 

EN 

26 

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(9)  great lanternshark (Etmopterus princeps) in Union waters of ICES division IIa 
and subarea IV and in Union and international waters of ICES subareas I and 
XIV; 

(10)  smooth  lanternshark  (Etmopterus  pusillus)  in  Union  waters  of  ICES  division 
IIa and subarea IV and in Union and international waters of ICES subareas I, 
V, VI, VII, VIII, XII and XIV; 

(11)  tope shark (Galeorhinus galeus) when taken with longlines in Union waters of 
ICES  division  IIa  and  subarea  IV  and  in  Union  and  international  waters  of 
ICES subareas I, V, VI, VII, VIII, XII and XIV; 

(12)  porbeagle (Lamna nasus) in all waters; 

(13)  reef manta ray (Manta alfredi) in all waters; 

(14)  giant manta ray (Manta birostris) in all waters; 

(15)  the following species of Mobula rays in all waters: 

(i) 

devil fish (Mobula mobular); 

(ii) 

lesser Guinean devil ray (Mobula rochebrunei); 

(iii)  spinetail mobula (Mobula japanica); 

(iv)  smoothtail mobula (Mobula thurstoni); 

(v) 

longhorned mobula (Mobula eregoodootenkee); 

(vi)  Munk's devil ray (Mobula munkiana); 

(vii)  Chilean devil ray (Mobula tarapacana); 

(viii)  shortfin devil ray (Mobula kuhlii); 

(ix) 

lesser devil ray (Mobula hypostoma); 

(16)  the following species of sawfish (Pristidae) in all waters: 

(i) 

narrow sawfish (Anoxypristis cuspidate); 

(ii)  dwarf sawfish (Pristis clavata); 

(iii)  smalltooth sawfish (Pristis pectinata); 

(iv) 

largetooth sawfish (Pristis pristis); 

(v)  green sawfish (Pristis zijsron); 

(17)   thornback ray (Raja clavata) in Union waters of ICES division IIIa; 

(18)   Norwegian  skate  (Raja  (Dipturus)  nidarosiensis)  in  Union  waters  of  ICES 

divisions VIa, VIb, VIIa, VIIb, VIIc, VIIe, VIIf, VIIg, VIIh and VIIk; 

(19)   undulate ray (Raja undulata) in Union waters of ICES subareas VI and X; 

EN 

27 

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(20)   white skate (Raja alba) in Union waters of ICES subareas VI, VII, VIII, IX and 

X; 

(21)   guitarfishes (Rhinobatidae) in Union waters of ICES subareas I, II, III, IV, V, 

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

(22)   angel shark (Squatina squatina) in Union waters. 

2. 

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

Article 14 
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. 

Chapter II 
Fishing authorisations in third-country waters 

1. 

2. 

1. 

2. 

Article 15 
Fishing authorisations 

The maximum number of fishing authorisations for Union vessels fishing in waters 
of a third country is set out in Annex III. 

Where  one  Member  State  transfers  quota  to  another  Member  State  ("swap")  in  the 
fishing  areas  set  out  in  Annex  III  on  the  basis  of  Article  16(8)  of  Regulation  (EU) 
No 1380/2013,  the  transfer  shall  include  an  appropriate  transfer  of  fishing 
authorisations and shall be notified to the Commission. However, the total number of 
fishing  authorisations  for  each  fishing  area,  as  set  out  in  Annex  III,  shall  not  be 
exceeded. 

Chapter III 
Fishing opportunities in waters of regional fisheries 
management organisations 

Article 16 
Quota transfers and exchanges 

Where, under the rules of a regional fisheries management organisation ("RFMO"), 
quota  transfers  or  exchanges  between  the  Contracting  Parties  to  the  RFMO  are 
permitted,  a  Member  State  ("the  Member  State  concerned")  may  discuss  with  a 
Contracting Party to the RFMO and, as appropriate, establish a possible outline of an 
intended quota transfer or exchange. 

Upon  notification  to  the  Commission  by  the  Member  State  concerned,  the 
Commission may endorse the outline of the intended quota transfer or exchange that 
the  Member State  has  discussed  with  the  relevant  Contracting  Party  to  the  RFMO. 
Thereupon, the Commission shall exchange, without undue delay, the consent to be 
bound by such quota transfer or exchange with the relevant Contracting Party to the 

EN 

28 

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RFMO. The Commission shall then give notification of the agreed quota transfer or 
exchange  to  the  secretariat  of  the  RFMO  in  accordance  with  the  rules  of  that 
organisation.  

The  Commission  shall  inform  the  Member  States  of  the  agreed  quota  transfer  or 
exchange. 

The  fishing  opportunities  received  from  or  transferred  to  the  relevant  Contracting 
Party  to  the  RFMO  under  the  quota  transfer  or  exchange  shall  be  deemed  to  be 
quotas allocated to, or deducted from, the allocation of the Member State concerned, 
as of the moment that the quota transfer or exchange takes effect in accordance with 
the terms of the agreement reached with the relevant Contracting Party to the RFMO 
or in accordance with the rules of the relevant RFMO, as appropriate. Such allocation 
shall  not  change  the  existing  distribution  key  for  the  purpose  of  allocating  fishing 
opportunities  among  Member States  in  accordance  with  the  principle  of  relative 
stability of fishing activities. 

SECTION 1 
ICCAT CONVENTION AREA 

Article 17 
Fishing, farming and fattening capacity limitations for bluefin tuna 

The  number  of  Union  bait  boats  and  trolling  boats  authorised  to  fish  actively  for 
bluefin  tuna  between  8 kg/75 cm  and  30 kg/115 cm  in  the Eastern  Atlantic  shall  be 
limited as set out in point 1 of Annex IV. 

The number of Union coastal artisanal fishing vessels authorised to fish actively for 
bluefin  tuna  between  8 kg/75 cm  and  30 kg/115 cm  in  the  Mediterranean  shall  be 
limited as set out in point 2 of Annex IV. 

The number of Union vessels fishing for bluefin tuna in the Adriatic Sea for farming 
purposes  authorised  to  fish  actively  for  bluefin  tuna  between  8 kg/75 cm  and 
30 kg/115 cm shall be limited as set out in point 3 of Annex IV. 

The number and total capacity in gross tonnage of fishing vessels authorised to fish 
for,  retain  on  board,  tranship,  transport,  or  land  bluefin  tuna  in  the  eastern  Atlantic 
and Mediterranean shall be limited as set out in point 4 of Annex IV. 

The number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna 
fishery shall be limited as set out in point 5 of Annex IV. 

The bluefin tuna farming capacity, the fattening capacity and the maximum input of 
wild  caught  bluefin  tuna  allocated  to  the  farms  in  the  eastern  Atlantic  and 
Mediterranean shall be limited as set out in point 6 of Annex IV. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

6. 

Article 18 
Recreational and sport fisheries 

Member  States  shall  allocate  a  specific  quota  of  bluefin  tuna  for  recreational  and  sport 
fisheries from their quotas allocated in Annex ID. 

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1. 

2. 

3. 

4. 

5. 

1. 

2. 

1. 

2. 

3. 

Article 19 
Sharks 

Retaining  on  board,  transhipping  or  landing  any  part  or  whole  carcass  of  bigeye 
thresher sharks (Alopias superciliosus) in any fishery shall be prohibited. 

It shall be prohibited to undertake a directed fishery for species of thresher sharks of 
the Alopias genus. 

Retaining  on  board,  transhipping  or  landing  any  part  or  whole  carcass  of 
hammerhead  sharks  of  the  Sphyrnidae  family  (except  for  the  Sphyrna  tiburo)  in 
association with fisheries in the ICCAT Convention Area shall be prohibited. 

Retaining  on  board,  transhipping  or  landing  any  part  or  whole  carcass  of  oceanic 
whitetip sharks (Carcharhinus longimanus) taken in any fishery shall be prohibited. 

Retaining on board silky sharks (Carcharhinus falciformis) taken in any fishery shall 
be prohibited. 

SECTION 2 
CCAMLR CONVENTION AREA 

Article 20 
Prohibitions and catch limitations 

Direct fishing of the species set out in Part A of Annex V, shall be prohibited in the 
zones and during the periods set out therein. 

For exploratory fisheries, the TACs and by-catch limits set out in Part B of Annex V, 
shall apply in the subareas set out therein. 

Article 21 
Exploratory fisheries 

Only those Member States which are members of the CCAMLR may participate in 
longline exploratory fisheries for Dissostichus spp. in FAO subareas 88.1 and 88.2 as 
well as in divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of national jurisdiction in 
2016. If such a Member State intends to participate in such fisheries, it shall notify 
the  CCAMLR  Secretariat  in  accordance  with  Articles  7  and  7a  of  Regulation (EC) 
No 601/2004 and in any case no later than 1 June 2016. 

With regard to FAO subareas 88.1 and 88.2 as well as divisions 58.4.1, 58.4.2 and 
58.4.3a  TACs  and  by-catch  limits  per  subarea  and  division,  and  their  distribution 
among Small Scale Research Units (SSRUs) within each of them, shall be as set out 
in  Part  B  of  Annex V.  Fishing  in  any  SSRU  shall  cease  when  the  reported  catch 
reaches the specified TAC, and the SSRU shall be closed to fishing for the remainder 
of the season. 

Fishing  shall  take  place  over  as  large  a  geographical  and  bathymetric  range  as 
possible  to  obtain  the  information  necessary  to  determine  fishery  potential  and  to 
avoid  over-concentration  of  catch  and  fishing  effort.  However,  fishing  in  FAO 
subareas 88.1  and 88.2  as  well  as  in  divisions  58.4.1,  58.4.2  and  58.4.3a  shall  be 
prohibited in depths less than 550 m. 

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1. 

2. 

3. 

4. 

Article 22 
Krill fishery during the 2016/2017 fishing season 

Only  those  Member  States  which  are  members  of  CCAMLR  may  fish  for  krill 
(Euphausia  superba)  in  the  CCAMLR  Convention  Area  during  the 2016/2017 
fishing  season.  If  such  a  Member  State  intends  to  fish  for  krill  in  the  CCAMLR 
Convention Area, it shall notify, no later than 1 June 2016, the CCAMLR Secretariat, 
in  accordance  with  Article 5a  of  Council  Regulation  (EC)  No  601/200431,  and  the 
Commission, using the format laid down in Part C of Annex V to this Regulation of 
its intention to fish for krill. 

The  notification  referred  to  in  paragraph  1  of  this  Article  shall  include  the 
information  provided  for  in  Article  3  of  Regulation  (EC)  No  601/2004  for  each 
vessel to be authorised by the Member State to participate in the krill fishery. 

A Member  State intending  to  fish for  krill in  the CCAMLR Convention Area  shall 
only notify its intention to do so in respect of authorised vessels either flying its flag 
at the time of the notification or flying the flag of another CCAMLR member that are 
expected,  at  the  time  the  fishery  takes  place,  to  be  flying  the  flag  of  that  Member 
State. 

Member States shall be entitled to authorise participation in a krill fishery by vessels 
other than those notified to CCAMLR Secretariat in accordance with paragraphs 1, 2 
and  3  of  this  Article,  if  an  authorised  vessel  is  prevented  from  participation  due  to 
legitimate operational reasons or  force majeure. In such circumstances the Member 
States  concerned  shall  immediately  inform  the  CCAMLR  Secretariat  and  the 
Commission, providing: 

(a) 

(b) 

full  details  of  the  intended  replacement  vessel(s),  including  information 
provided for in Article 3 of Council Regulation (EC) No 601/2004; 

a  comprehensive  account  of  the  reasons  justifying  the  replacement  and  any 
relevant supporting evidence or references. 

5. 

Member States shall not authorise a vessel on any CCAMLR illegal, unreported and 
unregulated (IUU) Vessel List to participate in krill fisheries. 

SECTION 3 
IOTC CONVENTION AREA 

1. 

2. 

31 

Article 23 
Limitation of fishing capacity of vessels fishing in the IOTC Convention Area 

The  maximum  number  of  Union  vessels  fishing  for  tropical  tunas  in  the  IOTC 
Convention Area and the corresponding capacity in gross tonnage shall be as set out 
in point 1 of Annex VI. 

The maximum number of Union vessels fishing for swordfish (Xiphias gladius) and 
albacore  (Thunnus  alalunga)  in  the  IOTC  Convention  Area  and  the  corresponding 
capacity in gross tonnage shall be as set out in point 2 of Annex VI. 

Council  Regulation  (EC)  No  601/2004  of  22  March  2004  laying  down  certain  control  measures 
applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic 
marine  living  resources  and  repealing  Regulations  (EEC)  No  3943/90,  (EC)  No  66/98  and  (EC)  No 
1721/1999 (OJ L 097, 1.4.2004, p.16). 

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3. 

4. 

5. 

Member States may re-allocate vessels assigned to one of the two fisheries referred 
to in paragraphs 1 and 2 to the other fishery, provided that they can demonstrate to 
the Commission that this change does not lead to an increase of fishing effort on the 
fish stocks involved. 

Member  States  shall  ensure  that,  where  there  is  a  proposed  transfer  of  capacity  to 
their  fleet,  vessels  to  be  transferred  are  on  the  IOTC  Record  of  Vessels  or  on  the 
record  of  vessels  of  other  tuna  regional  fisheries  organisations.  Furthermore,  no 
vessels  featuring  on  the  list  of  vessels  engaged  in  IUU  fishing  activities  (IUU 
vessels) of any RFMO may be transferred. 

Member States may only increase their fishing capacity beyond the ceilings referred 
to in paragraphs 1 and 2 within the limits set out in the development plans submitted 
to the IOTC. 

Article 24 
Drifting fish aggregating devices (FADs) 

A purse seine vessel shall not deploy more than 550 active drifting fish aggregating devices 
(FADs) at any one time. 

1. 

2. 

3. 

1. 

2. 

3. 

Article 25 
Sharks 

Retaining  on  board,  transhipping  or  landing  any  part  or  whole  carcass  of  thresher 
sharks of all the species of the Alopiidae family in any fishery shall be prohibited. 

Retaining  on  board,  transshipping  or  landing  any  part  or  whole  carcass  of  oceanic 
whitetip sharks (Carcharhinus longimanus) in any fishery shall be prohibited, except 
for vessels under 24 metres overall length engaged solely in fishing operations within 
the Exclusive Economic Zone (EEZ) of the Member State whose flag they fly, and 
provided that their catch is destined solely for local consumption. 

When  accidentally  caught,  species  referred  to  in  paragraph  1  and  2  shall  not  be 
harmed. Specimens shall be promptly released. 

SECTION 4 
SPRFMO CONVENTION AREA 

Article 26 
Pelagic fisheries 

Member States having actively exercised pelagic fisheries activities in the SPRFMO 
Convention Area in 2007, 2008 or 2009 shall limit the total level of gross tonnage of 
vessels flying their flag and fishing for pelagic stocks in 2016 to the total Union level 
of 78 600 gross tonnage in that area. 

Only  Member  States  having  actively  exercised  pelagic  fisheries  activities  in  the 
SPRFMO Convention Area in 2007, 2008 or 2009 may fish for pelagic stocks in that 
area in accordance with the TACs set out in Annex IJ. 

The fishing opportunities set out in Annex IJ may only be fished under the condition 
that  Member  States  send  to  the  Commission,  in  order  to  communicate  them  to  the 
SPRFMO Secretariat, the list of vessels actively fishing or engaged in transhipment 
in the SPRFMO Convention Area, records from vessel monitoring systems (VMS), 

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monthly catch reports and, where available, port calls at the latest by the fifth day of 
the following month. 

Article 27 
Bottom fisheries 

1. 

2. 

Member  States  shall  limit  their  bottom  fishing  catch  or  effort  in  2016  in  the 
SPRFMO  Convention  Area  to  those  parts  of  the  Convention  Area  where  bottom 
fishing has occurred from 1 January 2002 to 31 December 2006 and to a level that 
does  not  exceed  the  annual  average  levels  of  catches  or  effort  parameters  in  that 
period. They may fish beyond the track record only if SPRFMO endorses their plan 
to fish beyond the track record. 

Member  States  without  a  track  record  in  bottom  fishing  catch  or  effort  in  the 
SPRFMO  Convention  Area  over  the  period  from  1  January  2002  to  31  December 
2006  shall  not  fish,  unless  SPRFMO  endorses  their  plan  to  fish  without  the  track 
record. 

SECTION 5 
IATTC CONVENTION AREA 

Article 28 
Purse-seine fisheries 

1. 

The  fishing  by  purse-seine  vessels  for  yellowfin  tuna  (Thunnus  albacares),  bigeye 
tuna (Thunnus obesus) and skipjack tuna (Katsuwonus pelamis) shall be prohibited: 

(a) 

from  29  July 
to 18 January 2017 in the area defined by the following limits: 

to  28  September  2016  or  from  18  November  2016 

– 

– 

– 

– 

the Pacific coastlines of the Americas, 

longitude 150º W, 

latitude 40º N, 

latitude 40º S; 

(b) 

from  29  September  to  29  October  2016  in  the  area  defined  by  the  following 
limits: 

– 

– 

– 

– 

longitude 96º W, 

longitude 110º W, 

latitude 4º N, 

latitude 3º S. 

2. 

The Member States concerned shall notify the Commission of the selected period of 
closure referred to in paragraph 1 before 1 April 2016. All the purse-seine vessels of 
the  Member States  concerned  shall  stop  purse-seine  fishing  in  the  areas  defined  in 
paragraph 1 during the selected period. 

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3. 

4. 

1. 

2. 

3. 

Purse-seine  vessels  fishing  for  tuna  in  the  IATTC  Convention  Area  shall  retain  on 
board and then land or tranship all yellowfin, bigeye and skipjack tuna caught. 

Paragraph 3 shall not apply in the following cases: 

(a)  where  the  fish  is  considered  unfit  for  human  consumption  for  reasons  other 

than size; or 

(b)  during  the  final  set  of  a  trip  when  there  may  be  insufficient  well  space 

remaining to accommodate all the tuna caught in that set. 

Article 29 
Prohibition of fishing for oceanic whitetip sharks 

It shall be prohibited to fish for oceanic whitetip sharks (Carcharhinus longimanus) 
in the IATTC Convention Area, and to retain on board, to tranship, to store, to offer 
to sell, to sell or to land any part or whole carcass of oceanic whitetip sharks in that 
area. 

When accidentally caught, the species referred to in paragraph 1 shall not be harmed. 
Specimens shall be promptly released by vessel operators.  

Vessel operations shall: 

(a) 

(b) 

record the number of releases with indication of status (dead or alive); 

report the information specified in point (a) to the Member State of which they 
are  nationals.  Member  States  shall  transmit  the  information  collected  during 
the previous year to the Commission  by 31 January  of the year in  which this 
Regulation enters into force. 

Article 30 
Prohibition of fishing for Mobulid rays 

It shall be prohibited for Union vessels in the IATTC Convention Area to fish for, to retain on 
board,  to  tranship,  to  land,  to  store,  to  offer  to  sell  or  to  sell  any  part  or  whole  carcass  of 
Mobulid rays (which include Manta rays and Mobula rays). As soon as Mobulid rays are seen, 
Union vessels shall promptly release them alive and unharmed wherever possible. 

SECTION 6 
SEAFO CONVENTION AREA 

Article 31 
Prohibition of fishing for deep water sharks 

Directed  fishing  for  the  following  deep  water  sharks  in  the  SEAFO  Convention  Area  shall 
be prohibited: 

– 

– 

– 

– 

ghost catshark (Apristurus manis), 

blurred smooth lanternshark (Etmopterus bigelowi), 

shorttail lanternshark (Etmopterus brachyurus), 

great lanternshark (Etmopterus princeps), 

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– 

– 

– 

– 

– 

smooth lanternshark (Etmopterus pusillus), 

skates (Rajidae), 

velvet dogfish (Scymnodon squamulosus), 

deep-sea sharks of the Selachimorpha super-order. 

spiny dogfish (Squalus acanthias), 

SECTION 7 
WCPFC CONVENTION AREA 

Article 32 
Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore fisheries 

1. 

2. 

3. 

1. 

2. 

Member States shall ensure that the number of fishing days allocated to purse-seine 
vessels  fishing  for  bigeye  tuna  (Thunnus  obesus),  yellowfin  tuna  (Thunnus 
albacares)  and  skipjack  tuna  (Katsuwonus  pelamis)  in  the  part  of  the  WCPFC 
Convention  Area  in  the  high  seas  and  located  between  20º  N  and  20º  S  does  not 
exceed 403 days.  

Union  vessels  shall  not  target  south  Pacific  albacore  (Thunnus  alalunga)  in  the 
WCPFC Convention Area south of 20°S. 

Member  States  shall  ensure  that  catches  of  bigeye  tuna  (Thunnus  obesus)  by 
longliners do not exceed 2,000 tonnes in 2016. 

Article 33 
Closed area for FAD fishing 

In the part of the WCPFC Convention Area located between 20º N and 20º S, fishing 
activities of purse-seine vessels making use of fish aggregating devices (FADs) shall 
be  prohibited  between  00:00  hours  of  1  July  2016  and  24:00  hours  of  31  October 
2016. During that period, a purse-seine vessel may only engage in fishing operations 
within that part of the WCPFC Convention Area if it carries onboard an observer to 
monitor that at no time does the vessel: 

(a) 

deploy or service a FAD or associated electronic device; 

(b) 

fish on schools in association with FADs. 

All purse-seine vessels fishing in the part of the WCPFC Convention Area referred to 
in  paragraph  1  shall  retain  onboard  and  land  or  tranship  all  bigeye,  yellowfin  and 
skipjack tuna caught. 

3. 

Paragraph 2 shall not apply in the following cases: 

(a) 

in  the  final  set  of  a  trip,  if  the  vessel  has  insufficient  well  space  left  to 
accommodate all fish; 

(b)  where the fish is unfit for human consumption for reasons other than size; or 

(c)  when a serious malfunction of freezer equipment occurs. 

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Article 34 
Limitations to the number of Union vessels authorised to fish swordfish 

The maximum number of Union vessels authorised to fish for swordfish (Xiphias gladius) in 
areas south of 20º S of the WCPFC Convention Area shall be as indicated in Annex VII. 

Article 35 
Silky sharks and oceanic whitetip sharks 

1. 

2. 

1. 

2. 

Retaining on board, transhipping, storing or landing any part or whole carcass of the 
following species in the WCPFC Convention Area shall be prohibited: 

(a) 

silky sharks (Carcharhinus falciformis), 

(b)  oceanic whitetip sharks (Carcharhinus longimanus) 

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

Article 36 
Overlap area between IATTC and WCPFC 

Vessels listed exclusively in the WCPFC register shall apply the measures set out in 
Articles 32 to 35 when fishing in the overlap area between IATTC and WCPFC as 
defined in Article 4(r). 

Vessels listed in both the WCPFC register and the IATTC register and vessels listed 
exclusively in the IATTC register shall apply the measures set out in Article 28(1)(a) 
and (2) to (4) and  Article 29 when fishing  in  the overlap area  between IATTC and 
WCPFC as defined in Article 4(r). 

SECTION 8 
BERING SEA 

Article 37 
Prohibition on fishing in the high seas of the Bering Sea  

Fishing  for  pollock  (Theragra  chalcogramma)  in  the  high  seas  of  the  Bering  Sea  shall 
be prohibited. 

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TITLE III 
FISHING OPPORTUNITIES 
FOR THIRD-COUNTRY VESSELS IN UNION WATERS 

Article 38 
TACs 

Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands 
shall be authorised to make  catches in  Union waters within the TACs set out in Annex  I  to 
this Regulation and subject to the conditions provided for in this Regulation and Chapter III of 
Regulation (EC) No 1006/2008.  

Article 39 
Fishing authorisations 

The  maximum  number  of  fishing  authorisations  for  third-country  vessels  fishing  in  Union 

waters is laid down in Annex VIII. 

Article 40 
Conditions for landing catches and by-catches 

The  conditions  specified  in  Article  7  shall  apply  to  catches  and  by-catches  of  third-country 

vessels fishing under the authorisations specified in Article 39. 

Article 41 
Prohibitions 

1. 

It  shall  be  prohibited  for  third-country  vessels  to  fish  for,  to  retain  on  board,  to 
tranship or to land the following species whenever they are found in Union waters: 

(a) 

starry ray (Amblyraja radiata) in Union waters of ICES divisions IIa, IIIa and 
VIId and ICES subarea IV; 

(b) 

the following species of sawfish in Union waters: 

– 

– 

– 

– 

– 

narrow sawfish (Anoxypristis cuspidate); 

dwarf sawfish (Pristis clavata); 

smalltooth sawfish (Pristis pectinata); 

largetooth sawfish (Pristis pristis); 

green sawfish (Pristis zijsron); 

(c)  basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) 

in Union waters; 

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(d) 

(e) 

(f) 

common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. 
intermedia)  in  Union  waters  of  ICES  division  IIa  and  ICES  subareas  III,  IV, 
VI, VII, VIII, IX and X; 

tope shark (Galeorhinus galeus) when taken with longlines in Union waters of 
ICES division IIa and ICES subareas I, IV, V, VI, VII, VIII, XII and XIV; 

smooth  lanternshark  (Etmopterus  pusillus)  in  Union  waters  of  ICES  division 
IIa and ICES subareas I, IV, V, VI, VII, VIII, XII and XIV; 

(g)  kitefin  shark  (Dalatias  licha),  birdbeak  dogfish  (Deania  calcea),  leafscale 
gulper  shark  (Centrophorus  squamosus),  great  lanternshark  (Etmopterus 
princeps) and Portuguese dogfish (Centroscymnus coelolepis) in Union waters 
of ICES division IIa and ICES subareas I, IV and XIV; 

(h)  porbeagle (Lamna nasus) in Union waters; 

(i) 

reef manta ray (Manta alfredi) in Union waters; 

(j) 

giant manta ray (Manta birostris) in Union waters; 

(k) 

the following species of Mobula rays in Union waters: 

(i) 

devil fish (Mobula mobular); 

(ii) 

lesser Guinean devil ray (Mobula rochebrunei); 

(iii)  spinetail mobula (Mobula japanica); 

(iv)  smoothtail mobula (Mobula thurstoni); 

(v) 

longhorned mobula (Mobula eregoodootenkee); 

(vi)  Munk's devil ray (Mobula munkiana); 

(vii)  Chilean devil ray (Mobula tarapacana); 

(viii) shortfin devil ray (Mobula kuhlii); 

(ix)  lesser devil ray (Mobula hypostoma); 

(l) 

thornback ray (Raja clavata) in Union waters of ICES division IIIa; 

(m)  Norwegian  skate  (Raja  (Dipturus)  nidarosiensis)  in  Union  waters  of  ICES 

divisions VIa, VIb, VIIa, VIIb, VIIc, VIIe, VIIf, VIIg, VIIh and VIIk; 

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

(o)  guitarfishes (Rhinobatidae) in Union waters of ICES subareas I, II, III, IV, V, 

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

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(p) 

angel shark (Squatina squatina) in Union waters. 

2. 

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

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TITLE IV 
FINAL PROVISIONS 

Article 42 
Committee procedure 

1. 

2. 

The  Commission  shall be  assisted by  the  Committee  for  Fisheries  and  Aquaculture 
established by Regulation (EU) No 1380/2013. 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 43 
Entry into force 

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

It shall apply from 1 January 2016. 

However, Article 8 shall apply from 1 February 2016. 

The provisions on fishing opportunities set out in Articles 20, 21 and 22 and Annexes IE and 
V for the CCAMLR Convention Area shall apply from the dates specified therein. 

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

Done at Brussels, 

For the Council 
The President 

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