CELEX: 32014R0315
Language: en
Date: 2014-03-24 00:00:00
Title: Council Regulation (EU) No 315/2014 of 24 March 2014 amending Regulation (EU) No 43/2014 as regards certain catch limits

28.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 93/12
            
         COUNCIL REGULATION (EU) No 315/2014
   of 24 March 2014
   amending Regulation (EU) No 43/2014 as regards certain catch limits
   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)
            
            
               Catch limits for sandeel in Union waters of ICES zones IIa, IIIa and IV were set at zero in Annex IA to Council Regulation (EU) No 43/2014 (1), pending advice from the International Council for the Exploration of the Sea (ICES).
            
         
               (2)
            
            
               ICES advice on the stock has been available since 21 February 2014, and it is now possible to set a TAC for sandeel in this area, distributed in seven management areas in order to avoid local depletion.
            
         
               (3)
            
            
               Fishing opportunities for Union vessels in Norwegian and Faroese waters and for Norwegian and Faroese vessels in Union waters, and the conditions of access to fishery resources in each other’s waters, are established each year in the light of consultations on fishing rights held in accordance with the bilateral agreements on fisheries with Norway (2) and the Faroe Islands (3), respectively. Pending the conclusion of those consultations on the arrangements for 2014, Regulation (EU) No 43/2014 fixed provisional fishing opportunities for certain stocks of blue whiting. On 12 March 2014, the consultations with Norway and the Faroe Islands were concluded, including those related to blue whiting.
            
         
               (4)
            
            
               Annex IA to Regulation (EU) No 43/2014 should therefore be amended accordingly.
            
         
               (5)
            
            
               The catch limits provided for in Regulation (EU) No 43/2014 apply from 1 January 2014. The provisions of this Regulation concerning catch limits should therefore also apply from that date. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned were set to zero in the Regulation (EU) No 43/2014. Since the modification of this catch limit has an influence on the economic activities and the planning of the fishing season of Union vessels, this Regulation should enter into force immediately after its publication,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment to Regulation (EU) No 43/2014
   Annex IA to Regulation (EU) No 43/2014 is amended in accordance with the text set out in Annex to this Regulation.
   Article 2
   Entry into force and application
   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 2014.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 24 March 2014.
      
         
            For the Council
         
         
            The President
         
         A.. TSAFTARIS
      
   
   
      (1)  Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (OJ L 24, 28.1.2014, p. 1).
   
      (2)  Agreement on fisheries between the European Economic Community and the Kingdom of Norway (OJ L 226, 29.8.1980, p. 48).
   
      (3)  Agreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (OJ L 226, 29.8.1980, p. 12).
   
      ANNEX
      Annex IA to Regulation (EU) No 43/2014 is amended as follows:
      
                  (a)
               
               
                  the entry for Sandeel in Union waters of ICES zones IIa, IIIa and IV is replaced by the following:
                  
                              
                                          ‘Species
                                          
                                       
                                       
                                          :
                                       
                                       
                                          Sandeel
                                          
                                             Ammodytes spp.
                                       
                                    
                           
                              
                                          
                                             Zone
                                          
                                       
                                       
                                          :
                                       
                                       
                                          Union waters of IIa, IIIa and IV (1)
                                          
                                       
                                    
                        
                              Denmark
                           
                           
                              195 471 (2)
                              
                           
                           
                              Analytical TAC
                              Article 3 of Regulation (EC) No 847/96 shall not apply
                              Article 4 of Regulation (EC) No 847/96 shall not apply
                           
                        
                              United Kingdom
                           
                           
                              4 273 (2)
                              
                           
                        
                              Germany
                           
                           
                              298 (2)
                              
                           
                        
                              Sweden
                           
                           
                              7 177 (2)
                              
                           
                        
                              Union
                           
                           
                              207 219
                           
                        
                              TAC
                           
                           
                              207 219
                           
                        
                     Special condition:
                  
                  within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following sandeel management areas, as defined in Annex IID:
                  
                              
                                 Zone: Union waters of sandeel management areas
                           
                        
                               
                           
                           
                              1
                           
                           
                              2
                           
                           
                              3
                           
                           
                              4
                           
                           
                              5
                           
                           
                              6
                           
                           
                              7
                           
                        
                               
                           
                           
                              (SAN/234_1)
                           
                           
                              (SAN/234_2)
                           
                           
                              (SAN/234_3)
                           
                           
                              (SAN/234_4)
                           
                           
                              (SAN/234_5)
                           
                           
                              (SAN/234_6)
                           
                           
                              (SAN/234_7)
                           
                        
                              Denmark
                           
                           
                              53 769
                           
                           
                              4 717
                           
                           
                              132 062
                           
                           
                              4 717
                           
                           
                              0
                           
                           
                              206
                           
                           
                              0
                           
                        
                              United Kingdom
                           
                           
                              1 175
                           
                           
                              103
                           
                           
                              2 887
                           
                           
                              103
                           
                           
                              0
                           
                           
                              5
                           
                           
                              0
                           
                        
                              Germany
                           
                           
                              82
                           
                           
                              7
                           
                           
                              202
                           
                           
                              7
                           
                           
                              0
                           
                           
                              0
                           
                           
                              0
                           
                        
                              Sweden
                           
                           
                              1 974
                           
                           
                              173
                           
                           
                              4 849
                           
                           
                              173
                           
                           
                              0
                           
                           
                              8
                           
                           
                              0
                           
                        
                              Union
                           
                           
                              57 000
                           
                           
                              5 000
                           
                           
                              140 000
                           
                           
                              5 000
                           
                           
                              0
                           
                           
                              219
                           
                           
                              0
                           
                        
                               
                           
                           
                               
                           
                           
                               
                           
                           
                               
                           
                           
                               
                           
                           
                               
                           
                           
                               
                           
                           
                               
                           
                        
                              
                                 Total
                              
                           
                           
                              57 000
                           
                           
                              5 000
                           
                           
                              140 000
                           
                           
                              5 000
                           
                           
                              0
                           
                           
                              219
                           
                           
                              0’
                           
                        
            
                  (b)
               
               
                  the entry for blue whiting in Norwegian waters of II and IV is replaced by the following:
                  
                              
                                          ‘Species
                                          
                                       
                                       
                                          :
                                       
                                       
                                          Blue whiting
                                          
                                             Micromesistius poutassou
                                          
                                       
                                    
                           
                              
                                          
                                             Zone
                                          
                                       
                                       
                                          :
                                       
                                       
                                          Norwegian waters of II and IV
                                          (WHB/24-N.)
                                       
                                    
                        
                              Denmark
                           
                           
                              0
                           
                           
                              Analytical TAC
                           
                        
                              United Kingdom
                           
                           
                              0
                           
                        
                              Union
                           
                           
                              0
                           
                        
                              TAC
                           
                           
                              1 200 000’
                           
                        
            
                  (c)
               
               
                  the entry for blue whiting in Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV is replaced by the following:
                  
                              
                                          ‘Species
                                          
                                       
                                       
                                          :
                                       
                                       
                                          Blue whiting
                                          
                                             Micromesistius poutassou
                                          
                                       
                                    
                           
                              
                                          
                                             Zone
                                          
                                       
                                       
                                          :
                                       
                                       
                                          Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV
                                          (WHB/1X14)
                                       
                                    
                        
                              Denmark
                           
                           
                              28 325 (3)
                              
                           
                           
                              Analytical TAC
                           
                        
                              Germany
                           
                           
                              11 013 (3)
                              
                           
                        
                              Spain
                           
                           
                              24 013 (3)
                                  (4)
                              
                           
                        
                              France
                           
                           
                              19 712 (3)
                              
                           
                        
                              Ireland
                           
                           
                              21 934 (3)
                              
                           
                        
                              The Netherlands
                           
                           
                              34 539 (3)
                              
                           
                        
                              Portugal
                           
                           
                              2 231 (3)
                                  (4)
                              
                           
                        
                              Sweden
                           
                           
                              7 007 (3)
                              
                           
                        
                              United Kingdom
                           
                           
                              36 751 (3)
                              
                           
                        
                              Union
                           
                           
                              185 525 (3)
                                  (5)
                              
                           
                        
                              Norway
                           
                           
                              100 000
                           
                        
                              Faroe Islands
                           
                           
                              15 000
                           
                        
                              TAC
                           
                           
                              1 200 000
                           
                        
            
                  (d)
               
               
                  the entry for blue whiting in VIIIc, IX and X; Union waters of CECAF 34.1.1 is replaced by the following:
                  
                              
                                          ‘Species
                                          
                                       
                                       
                                          :
                                       
                                       
                                          Blue whiting
                                          
                                             Micromesistius poutassou
                                          
                                       
                                    
                           
                              
                                          
                                             Zone
                                          
                                       
                                       
                                          :
                                       
                                       
                                          VIIIc, IX and X; Union waters of CECAF 34.1.1
                                          (WHB/8C3411)
                                       
                                    
                        
                              Spain
                           
                           
                              24 658
                           
                           
                              Analytical TAC
                           
                        
                              Portugal
                           
                           
                              6 165
                           
                        
                              Union
                           
                           
                              30 823 (6)
                              
                           
                        
                              TAC
                           
                           
                              1 200 000
                           
                        
            
                  (e)
               
               
                  the entry for blue whiting in Union waters of II, IVa, V, VI north of 56° 30′ N and VII west of 12° W is replaced by the following:
                  
                              
                                          ‘Species
                                          
                                       
                                       
                                          :
                                       
                                       
                                          Blue whiting
                                          
                                             Micromesistius poutassou
                                          
                                       
                                    
                           
                              
                                          
                                             Zone
                                          
                                       
                                       
                                          :
                                       
                                       
                                          Union waters of II, IVa, V, VI north of 56° 30′ N and VII west of 12° W
                                          (WHB/24A567)
                                       
                                    
                        
                              Norway
                           
                           
                              0 (7)
                                  (8)
                              
                           
                           
                              Analytical TAC
                           
                        
                              Faroe Islands
                           
                           
                              25 000 (9)
                                  (10)
                              
                           
                        
                              TAC
                           
                           
                              1 200 000
                           
                        
            
         (1)  Excluding waters within six nautical miles of the UK baselines at Shetland, Fair Isle and Foula.
      
         (2)  At least 98 % of landings counted against this quota shall be of sandeel. By-catches of dab, mackerel and whiting to be counted against the remaining 2 % of the quota (OT1/*2A3A4).
      
         (3)  Special condition: of which up to the following percentage may be fished in Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1): 0 %
      
         (4)  Transfers of this quota may be effected to VIIIc, IX and X; Union waters of CECAF 34.1.1. However, such transfers shall be notified in advance to the Commission.
      
         (5)  Special condition: of which up to the following quantity may be fished in Faroese waters (WHB/*05-F.): 25 000’;
      
         (6)  Special condition: of which up to the following percentage may be fished in Norwegian EEZ or in the fishery zone around Jan Mayen (WHB/*NZJM2): 0 %’;
      
         (7)  To be counted against Norway’s catch limits established under the Coastal States arrangement.
      
         (8)  Special condition: the catch in IV shall be no more than the following amount (WHB/*04A-C): 0
      This catch limit in IV amounts to the following percentage of Norway’s access quota: 0 %
      
         (9)  To be counted against the catch limits of the Faroe Islands.
      
         (10)  Special conditions: may also be fished in VIb (WHB/*06B-C). The catch in IVa shall be no more than 6 250 tonnes (WHB/*04A-C).’