CELEX: 52012PC0182
Language: en
Date: 2012-04-24
Title: Proposal for a COUNCIL REGULATION amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards the protection of the species &quot;giant manta ray&quot; and certain fishing opportunities

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		52012PC0182
		
			Proposal for a COUNCIL REGULATION amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards the protection of the species "giant manta ray" and certain fishing opportunities /* COM/2012/0182 final - 2012/0091 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
Council Regulation (EU) No 43/2012[1] and Council Regulation (EU) No 44/2012[2] fix for 2012 fishing
opportunities for certain fish stocks and groups of fish stocks applicable in
EU waters and, for EU vessels, in certain non-EU waters. They focus mainly on
Atlantic and North Sea stocks. These fishing opportunities are usually amended
several times during the period in which they are in effect.
2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS
Not applicable.
3.           LEGAL ELEMENTS OF THE PROPOSAL
The proposed amendments seek to modify the
two Regulations mentioned above as follows:
At the 10th Conference of the
Parties (COP10) of the Convention of Migratory Species of Wild Animals, held in
Bergen from 20 to 25 November 2011, the giant manta ray (Manta birostris)
was added to the lists of protected species in Appendices I (prohibition of the
taking of certain species) and II of the Convention (species which require
international agreements for their conservation and management). Therefore, it
is appropriate to provide for the protection of giant manta rays in all waters
for EU vessels and, for non-EU vessels, in EU waters. This requires the
addition of the giant manta ray to the three relevant articles containing lists
of prohibited species; these three articles are distributed across the two
Regulations mentioned in point 1 of this explanatory memorandum.
In accordance with the procedure provided
for in the agreements or protocols on fisheries relations with Norway[3],
the Faroe Islands[4], Greenland[5]
and Iceland[6],
the Union held consultations on fishing rights with those partners during 2011.
The consultations with the Faroe Islands and Iceland were not finalised. In
order to avoid the interruption of Union fishing activities whilst allowing for
the necessary flexibility for the conclusion of those arrangements in 2012, it
was deemed appropriate for the Union to establish, in Regulation (EU) No 44/2012
and on a provisional basis, the fishing opportunities for certain stocks
subject to the agreements with the Faroe Islands and Iceland. The consultations
between Coastal States on the management of North East Atlantic mackerel stocks
in Reykjavik on 14-17 February were inconclusive and therefore, in accordance
with bilateral fisheries arrangements with Norway, the Union and Norway agreed
on bilateral arrangements for mackerel in 2012. It is therefore necessary to
adjust the provisional catch limits for mackerel in Regulation (EU) No 44/2012 and
to allocate the reserved quotas in the relevant TACs of Annexes IA and IB
thereto.
Advice from the International Council on
the Exploration of the Seas (ICES) and the Scientific, Technical, and Economic
Committee on Fisheries (STECF) demands a significant reduction of the sandeel
TAC in EU waters of ICES divisions IIa and IIIa and ICES subarea IV. Further to
that advice, a reduction of the sandeel transfer to Norway was agreed between
Norway and the Union during consultations concluded on 9 March 2012. Regulation
44/2012 should be amended accordingly.
A number of transfers regarding fishing
opportunities available for 2012 have taken place between the Union and certain
North Atlantic Fisheries Organisation (NAFO) contracting parties. The relevant
TAC entries in Annex IC of Regulation (EU) No 44/2012 should be amended
accordingly.
The fishing opportunities for jack mackerel
in the South Pacific Regional Fisheries Management Organisation (SPRFMO) were
established following the outcome of the 3rd Preparatory Conference
for the SPRFMO Commission held on 30 January – 2 February 2012. The relevant
annex of Regulation (EU) No 44/2012, which was left empty at the time of
adoption, must now be completed accordingly.
2012/0091 (NLE)
Proposal for a
COUNCIL REGULATION
amending Regulations (EU) No 43/2012 and
(EU) No 44/2012 as regards the protection of the species "giant manta
ray" and certain fishing opportunities
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,[7]
Whereas:
(1)       Council Regulation (EU) No
43/2012[8]
and Council Regulation (EU) No 44/2012[9]
fix for 2012 fishing opportunities for certain fish stocks and groups of fish
stocks applicable in EU waters and, for EU vessels, in certain non-EU waters.
(2)       At the 10th
Conference of the Parties (COP10) of the Convention of Migratory Species of
Wild Animals, held in Bergen from 20 to 25 November 2011, the giant manta ray (Manta
birostris) was added to the lists of protected species in Appendices I
(prohibition of the taking of certain species) and II of the Convention
(species which require international agreements for their conservation and
management). Therefore, it is appropriate to provide for the protection of giant
manta rays in all waters for EU vessels and, for non-EU vessels, in EU waters.
(3)       The TAC for cod in the
Kattegat should be equal to the Union quota. The relevant figure in Regulation
(EU) No 43/2012 should be corrected accordingly.
(4)       The sum of quotas
allocated to Member States in the TAC of white hake in NAFO 3NO result in a
Union quota which is one tonne higher than established by fishing opportunities
set in the context of that Regional Fisheries Management Organisation (RFMO).
The relevant quota allocation in Regulation (EU) No 44/2012 should be corrected
accordingly.
(5)       Consultations on fishing
opportunities between the Union, Iceland and the Faroe Islands have failed to
result in an agreement for 2012. Consequently, the fishing opportunities
reserved for those consultations can now be allocated to Member States.
Furthermore, the Coastal States consultations on the management of North East
Atlantic mackerel ended inconclusively in Reykjavik on 17 February 2012.
Subsequently, in accordance with bilateral arrangements between them, the Union
and Norway have agreed to fix their respective mackerel fishing opportunities
for 2012. Therefore, Article 1 of Regulation (EU) No 44/2012 and the relevant
TACs in Annexes IA and IB thereto should be amended in order to distribute the
non-allocated quotas and to reflect the traditional allocation of mackerel in
the North-East Atlantic.
(6)       Advice from the
International Council on the Exploration of the Seas (ICES) and the Scientific,
Technical, and Economic Committee on Fisheries (STECF) demands a significant
reduction of the sandeel TAC in EU waters of ICES divisions IIa and IIIa and
ICES subarea IV. Further to that advice, a reduction of the sandeel transfer to
Norway was agreed between Norway and the Union during consultations concluded
on 9 March 2012. Regulation 44/2012 should be amended accordingly.
(7)       During the Third
International Meeting, held in May 2007, for the creation of a Regional
Fisheries Management Organisation (RFMO) in the high seas of the South Pacific
(SPRFMO), the participants adopted interim measures, including fishing
opportunities, in order to regulate pelagic fishing activities as well as
bottom fisheries in that area until the establishment of such RFMO. Those
interim measures were revised at the 2nd Preparatory Conference for
the SPRFMO Commission held in January 2011 and have been revised again at the 3rd
Preparatory Conference for the SPRFMO Commission that took place from 30
January to 3 February 2012. Those interim measures are voluntary and not
legally binding under international law. It is however appropriate, in
accordance with the co‑operation and conservation obligations enshrined
in the International Law of the Sea, to implement those measures in the
law of the Union by establishing an overall quota for the Union and an
allocation among the Member States concerned.
(8)       Regulation (EU) No 43/2012 and Regulation (EU) No 44/2012 apply, in
general, from 1 January 2012. This Regulation should therefore also apply from
1 January 2012. Such retroactive application will be without prejudice to the
principles of legal certainty and protection of legitimate expectations as the
fishing opportunities concerned have not yet been exhausted. However, the new
provisions on the species “giant manta ray” should only
be effective from the date of entry into force of the modification to the
relevant Appendices of the Convention on Migratory Species of Wild Animals, in accordance with paragraph 5 of Article XI thereof. Since the modification of some catch limits have an
influence on the economic activities and the planning of the fishing season of
EU vessels, this Regulation should enter into force immediately after its
publication. 
(9)       Fishing opportunities should be used in full
compliance with the applicable law of the Union, 
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EU) No 43/2012 
Regulation (EU) No 43/2012 is amended as
follows:
1.           in Article 12(1) the
following point (g) is added:
            "(g)       giant manta
ray (Manta birostris) in all waters."
2.           Annex I is amended
in accordance with the text in Annex I to this Regulation.
Article 2
Amendments to Regulation (EU) No 44/2012
Regulation (EU) No 44/2012 is amended as
follows:
1.           in Article 1, paragraphs 3
and 4 are deleted;
2.           in Article 13(1), the
following point (g) is added:
            "(g)       giant manta
ray (Manta birostris) in all waters.";
3.           in Article 37(1)the
following point (g) is added:
            "(g)       giant manta
ray (Manta birostris) in all EU waters.";
4.           Annexes I, IA, IB,
IC and IJ are amended in accordance with the text in Annex II to this
Regulation. 
Article 3
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.
Article 1 point (1), Article 2 points (2)
and (3), Annex I point (1) and Annex II point (1) shall apply from 23 February
2012.
Article 2 point (1), Annex I point (2) and
Annex II points (2) to (5) shall apply from 1 January 2012.
This Regulation shall be binding in its
entirety and directly applicable in all Member States.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
ANNEX I
Annex I to Regulation (EU) No 43/2012 amended
as follows:
1.           Part A is amended as
follows:
(a)     The following entry is inserted in the
first table (comparative table of latin names and common names" after the
entry for Mallotus villosus:
 "Manta birostris || RMB || Giant manta ray" 
(b)     The following entry is inserted in the
second table (comparative table of common names and Latin names) after the
entry for flounder:
 "Giant manta ray || RMB || Manta birostris" 
2.           In Part B, the entry for
cod in the Kattegat is replaced by the following:
 "Species: || Cod Gadus morhua || Zone: || Kattegat (COD/03AS.) 
 Denmark || 82 || (1) || Analytical TAC                            
 Germany || 2 || (1) 
 Sweden || 49 || (1) 
 Union || 133 || (1) 
   ||   ||   
 TAC || 133 || (1) 
   ||   ||   ||   
 (1)           Exclusively for by-catches. No directed fisheries are permitted." 
ANNEX II
Annexes I, IA, IB, IC and IJ to Regulation (Eu) No 44/2012
are amended as follows: 
1.           Annex I is amended as follows:
(a)     The following entry is inserted in the
first table (comparative table of Latin names and common names) after the entry
for Mallotus villosus:
 "Manta birostris || RMB || Giant manta ray" 
(b)     The following entry is inserted in the
second table (comparative table of common names and Latin names) after the
entry for fllounder:
 "Giant manta ray || RMB || Manta birostris" 
2.           Annex IA is amended as
follows:
(a)     The entry for sandeel and associated
by-catches in EU waters of IIa, IIIa and IV is replaced by the following: 
 "Species: || Sandeel and associated by‑catches Ammodytes spp. || Zone: || EU waters of IIa, IIIa and IV(1) (SAN/2A3A4.) 
 Denmark || 34 072 || (2) || Analytical TAC   
 United Kingdom ||  745 || (2) 
 Germany ||  52 || (2) 
 Sweden || 1 251 || (2) 
   ||   ||   
 Union || 36 120 ||   
 Norway || 2 300 ||   
   ||   ||   
 TAC || 38 420 ||   
 (1)           Excluding waters within six nautical miles of UK baselines at Shetland, Fair Isle and Foula. (2)           At least 98 % of landings counted against the TAC must be of sandeel. By-catches of dab, mackerel and whiting to be counted against the remaining 2 % of the TAC.   
 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 IIB:                                                             Zone: EU waters of sandeel management areas(1) 
   || 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 || 19 526 || 4 717 || 4 717 || 4 717 || 0 || 395 || 0 
 United Kingdom ||  427 || 103 || 103 || 103 || 0 || 9 || 0 
 Germany ||  30 || 7 || 7 || 7 || 0 || 1 || 0 
 Sweden ||  717 || 173 || 173 || 173 || 0 || 15 || 0 
 Union || 20 700 || 5 000 || 5 000 || 5 000 || 0 || 420 || 0 
 Norway || 2 300 || 0 || 0 || 0 || 0 || 0 || 0 
   ||   ||   ||   ||   ||   ||   ||   
 Total || 23 000 || 5 000 || 5 000 || 5 000 || 0 || 420 || 0 
 (1)           May be revised in accordance with Article 5(4) of this Regulation." 
(b)     The entry for herring in EU and
international waters of Vb, VIb and VIaN is replaced by the following: 
 "Species: || Herring Clupea harengus || Zone: || EU and international waters of Vb, VIb and VIaN(1) (HER/5B6ANB) 
 Germany || 2 560 ||   || Analytical TAC   
 France ||  484 ||   
 Ireland || 3 459 ||   
 The Netherlands || 2 560 ||   
 United Kingdom || 13 837 ||   
   ||   ||   
 Union || 22 900 ||   
   ||   ||   
 TAC || 22 900 ||   
 (1)           Reference is to the herring stock in VIa, north of 56° 00' N and in that part of VIa which is situated east of 07°00' W and north of 55° 00' N, excluding the Clyde."   
(c)     The
entry for blue whiting in EU 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: || EU and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV (WHB/1X14) 
 Denmark || 10 370 || (1) || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 7 of this Regulation applies.   
 Germany || 4 032 || (1) 
 Spain || 8 791 || (1) (2) 
 France || 7 217 || (1) 
 Ireland || 8 030 || (1) 
 The Netherlands || 12 645 || (1) 
 Portugal ||  817 || (1) (2) 
 Sweden || 2 565 || (1) 
 United Kingdom || 13 454 || (1) 
   ||   ||   
 Union || 67 921 || (1) 
 Norway || 30 000 ||   
 TAC || 391 000 ||   
 (1)           Special condition: of which up to 68 % may be fished in Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1). (2)           Transfers of this quota may be effected to VIIIc, IX and X; EU waters of CECAF 34.1.1. However, such transfers must be notified in advance to the Commission."   
(d)     The entry for blue ling in EU waters
and international waters of Vb, VI, VII is replaced by the following:
 "Species: || Blue ling Molva dypterygia || Zone: || EU waters and international waters of Vb, VI, VII (BLI/5B67-)(3) 
 Germany ||  20 ||   || Analytical TAC Article 12 of this Regulation applies. 
 Estonia ||  3 ||   
 Spain ||  62 ||   
 France || 1 423 ||   
 Ireland ||  5 ||   
 Lithuania ||  1 ||   
 Poland ||  1 ||   
 United Kingdom ||  362 ||   
 Others ||  5 || (1) 
   ||   ||   
 Union || 1882 ||   
 Norway || 150 || (2) 
   ||   ||   
 TAC || 2032 ||   
 (1)           Exclusively for by-catches. No directed fisheries are permitted under this quota. (2)           To be fished in EU waters of IIa, IV, Vb, VI and VII (BLI/*24X7C). (3)           Special rules apply in accordance with Article 1 of Regulation (EC) No 1288/2009[10] and point 7 of Annex III to Regulation (EC) No 43/2009[11]." _____________________________________     
(e)     The entry for ling in EU and
international waters of VI, VII, VIII, IX, X, XII and XIV is replaced by the
following:
 "Species: || Ling Molva molva || Zone: || EU and international waters of VI, VII, VIII, IX, X, XII and XIV (LIN/6X14.) || 
 Belgium ||  30 ||   || Analytical TAC Article 12 of this Regulation applies. || 
 Denmark ||  5 ||   || 
 Germany ||  109 ||   || 
 Spain || 2 211 ||   || 
 France || 2 357 ||   || 
 Ireland ||  591 ||   || 
 Portugal ||  5 ||   || 
 United Kingdom || 2 716 ||   || 
   ||   ||   || 
 Union || 8 024 ||   || 
 Norway || 6 140 || (1) (2) || 
   ||   ||   || 
 TAC || 14 164 ||   || 
 (1)           Special condition: of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in Vb, VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in VI and VII shall not exceed 3 000 tonnes. (2)           Including tusk. The quotas for Norway are: ling 6 140 tonnes and tusk 2 923 tonnes and are interchangeable of up to 2 000 tonnes and may only be fished with long-lines in Vb, VI and VII." ||   
(f)      The
entry for mackerel in IIIa and IV; EU waters of IIa, IIIb, IIIc and
Subdivisions 22-32 is replaced by the following:
 "Species: || Mackerel Scomber scombrus || Zone: || IIIa and IV; EU waters of IIa, IIIb, IIIc and Subdivisions 22-32 (MAC/2A34.) 
 Belgium || 512 || (3) || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 7 of this Regulation applies.     
 Denmark || 17 580 || (3) 
 Germany || 534 || (3) 
 France || 1 612 || (3) 
 The Netherlands || 1 623 || (3) 
 Sweden || 4 813 || (1) (2) (3) 
 United Kingdom || 1 503 || (3) 
 Union || 28 177 || (1) (3) 
 Norway || 167 197 || (4) 
   ||   ||   
 TAC || Not relevant ||   
 (1)           Special condition: including 242 tonnes to be taken in Norwegian waters south of 62° N (MAC/*04N-). (2)           When fishing in Norwegian waters, by-catches of cod (COD/*2134.), haddock (HAD/*2134.), pollack (POL/*2134.) and whiting (WHG/*2134.) and saithe (POK/*2134.) are to be counted against the quotas for these species. (3)           May also be taken in Norwegian waters of IVa (MAC/*4AN.). (4)           To be deducted from Norway's share of the TAC (access quota). This amount includes the Norwegian share in the North Sea TAC of the amount of 46 685 tonnes. This quota may be fished in IVa only (MAC/*04A.), except for 3 000 tonnes that may be fished in IIIa (MAC/*03A.).   
 Special condition: 
 Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones. 
   || IIIa (MAC/*03A.) || IIIa and IVbc (MAC/*3A4BC) || IVb (MAC/*04B.)   || IVc (MAC/*04C.)   || VI, international waters of IIa, from 1 January to 31 March 2012 and in December 2012 (MAC/*2A6.) 
 Denmark || 0 || 4 130 || 0 || 0 || 9 482 
 France || 0 || 490 || 0 || 0 || 0 
 The Netherlands || 0 || 490 || 0 || 0 || 0 
 Sweden || 0 || 0 || 390 || 10 || 1 829 
 United Kingdom || 0 || 490 || 0 || 0 || 0 
 Norway || 3 000 || 0 || 0 || 0 || 0" 
(g)     The entry for mackerel in VI, VII,
VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international
waters of IIa, XII and XIV is replaced by the following:
 "Species: || Mackerel Scomber scombrus || Zone: || VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV (MAC/2CX14-) 
 Germany || 20 427 ||   || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 7 of this Regulation applies.   
 Spain || 22 ||   
 Estonia || 170 ||   
 France || 13 619 ||   
 Ireland || 68 089 ||   
 Latvia || 126 ||   
 Lithuania || 126 ||   
 The Netherlands || 29 788 ||   
 Poland || 1 438 ||   
 United Kingdom || 187 248 ||   
 Union || 321 053 ||   
 Norway || 13 898 || (1) (2) 
   ||   ||   
 TAC || Not relevant ||   
 (1)           May be fished in IIa, VIa north of 56° 30' N, IVa, VIId, VIIe, VIIf and VIIh (MAC/*AX7H). (2)           An additional 33 437 tonnes of access quota may be fished by Norway North of 56°30' N and counted against its catch limit (MAC/*N6530).   
 Special condition: 
 Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones and periods specified below. 
   || EU and Norwegian waters of IVa (MAC/*04A-EN) During the periods from 1 January to 15 February 2012 and from 1 September to 31 December 2012 || Norwegian waters of IIa (MAC/*2AN-) 
 Germany || 8 219 ||   || 837 ||   
 France || 5 479 ||   || 557 ||   
 Ireland || 27 396 ||   || 2 790 ||   
 The Netherlands || 11 985 ||   || 1 220 ||   
 United Kingdom || 75 342 ||   || 7 672 ||   
 Union || 128 421 ||   || 13 076" ||   
(h)     The
entry for mackerel in VIIIc, IX and X; EU waters of CECAF 34.1.1 is replaced by
the following:
 "Species: || Mackerel Scomber scombrus || Zone: || VIIIc, IX and X; EU waters of CECAF 34.1.1 (MAC/8C3411) 
 Spain || 30 278 || (1) || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 7 of this Regulation applies.   
 France || 201 || (1) 
 Portugal || 6 258 || (1) 
 Union || 36 737 ||   
   ||   ||   
 TAC || Not relevant ||   
 (1)           Special condition: quantities subject to exchanges with other Member States may be taken in VIIIa, VIIIb and VIIId (MAC/*8ABD.). However, the quantities provided by Spain, Portugal or France for exchange purposes and to be taken in VIIIa, VIIIb and VIIId shall not exceed 25 % of the quotas of the donor Member State.   
 Special condition: 
 Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone. 
   || VIIIb (MAC/*08B.) ||   
 Spain || 2 543 ||   
 France || 17 ||   
 Portugal || 526" ||   
(i)      The entry for mackerel in Norwegian
waters of IIa and IVa is replaced by the following:
 "Species: || Mackerel Scomber scombrus || Zone: || Norwegian waters of IIa and IVa (MAC/2A4A-N.) 
 Denmark || 12 608 || (1) || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 7 of this Regulation applies.   
 Union || 12 608 || (1) 
   ||   ||   
 TAC || Not relevant ||   
 (1)           Catches taken in IIa (MAC/*02A.) and IVa (MAC/*4A.) to be reported separately."   
(j)      The entry for sprat and associated
by-catches in EU waters of IIa and IV is replaced by the following:
 "Species: || Sprat and associated by‑catches Sprattus sprattus || Zone: || EU waters of IIa and IV (SPR/2AC4-C) 
 Belgium || 1 737 || (4) || Precautionary TAC   
 Denmark || 137 489 || (4) 
 Germany || 1 737 || (4) 
 France || 1 737 || (4) 
 The Netherlands || 1 737 || (4) 
 Sweden || 1 330 || (1) (4) 
 United Kingdom || 5 733 || (4) 
   ||   ||   
 Union || 151 500 ||   
 Norway || 10 000 || (2) 
   ||   ||   
 TAC || 161 500 || (3) 
 (1)           Including sandeel. (2)           May only be fished in EU waters of IV (SPR/*04-C.). (3)           May be revised in accordance with Article 5(4) of this Regulation. (4)           At least 98 % of landings counted against the TAC must be of sprat. By-catches of dab and whiting to be counted against the remaining 2 % of the TAC (OTH/*2AC4C)."   
(k)     The entry for horse mackerel and
associated by-catches in EU waters of IIa, IVa; VI, VIIa-c,VIIe-k, VIIIa,
VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters
of XII and XIV is replaced by the following:
 "Species: || Horse mackerel and associated by‑catches Trachurus spp. || Zone: || EU waters of IIa, IVa; VI, VIIa-c,VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of XII and XIV (JAX/2A-14) 
 Denmark || 15 702 || (1) (3) || Analytical TAC 
 Germany || 12 251 || (1) (2) (3) 
 Spain || 16 711 || (3) 
 France || 6 306 || (1) (2) (3) 
 Ireland || 40 803 || (1) (3) 
 The Netherlands || 49 156 || (1) (2) (3) 
 Portugal || 1 610 || (3) 
 Sweden ||  675 || (1) (3) 
 United Kingdom || 14 775 || (1) (2) (3) 
   ||   ||   
 Union || 157 989 ||   
   ||   ||   
 TAC || 157 989 ||   
 (1)           Special condition: up to 5 % of this quota fished in EU waters of IIa or IVa before 30 June 2012 may be accounted for as fished under the quota concerning the zone of EU waters of IVb, IVc and VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*4BC7D). (2)           Special condition: up to 5 % of this quota may be fished in VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*07D.). (3)           At least 95 % of landings counted against the TAC must be of horse mackerel. By-catches of boarfish, haddock, whiting and mackerel are to be counted against the remaining 5 % of the TAC (OTH/*2A-14)."   
3.           Annex IB is amended as
follows:
(a)     The entry for cod and haddock in
Faroese waters of Vb is replaced by the following:
 "Species: || Cod and haddock Gadus morhua and Melanogrammus aeglefinus || Zone: || Faroese waters of Vb (C/H/05B-F.) 
 Germany || 0 ||   || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.   
 France || 0 ||   
 United Kingdom || 0 ||   
 Union || 0 ||   
   ||   ||   
 TAC || Not relevant" ||   
(b)     The entry for blue whiting in Faroese
waters is replaced by the following:
 "Species: || Blue whiting Micromesistius poutassou || Zone: || Faroese waters (WHB/2A4AXF) 
 Denmark || 0 ||   || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.   
 Germany || 0 ||   
 France || 0 ||   
 The Netherlands || 0 ||   
 United Kingdom || 0 ||   
 Union || 0 ||   
   ||   ||   
 TAC || 0 || (1) 
 (1)           TAC set in accordance with consultations among the Union, Faroe Islands, Norway and Iceland."   
(c)     The
entry for ling and blue ling in Faroese waters of Vb is replaced by the
following:
 "Species: || Ling and blue ling Molva molva and Molva dypterygia || Zone: || Faroese waters of Vb (B/L/05B-F.) 
 Germany || 0 ||   || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.   
 France || 0 ||   
 United Kingdom || 0 ||   
 Union || 0 ||   
   ||   ||   
 TAC || Not relevant" ||   
(d)     The entry for northern prawn in
Greenland waters of V and XIV is replaced by the following:
 "Species: || Northern prawn Pandalus borealis || Zone: || Greenland waters of V and XIV (PRA/514GRN) 
 Denmark || 2 550 ||   || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.   
 France || 2 550 ||   
   ||   ||   
 Union || 8 000 || (1) 
   ||   ||   
 TAC || Not relevant ||   
 (1)           Of which 2 900 tonnes are allocated to Norway."   
(e)     The entry for saithe in Faroese waters
of Vb is replaced by the following:
 "Species: || Saithe Pollachius virens || Zone: || Faroese waters of Vb (POK/05B-F.) 
 Belgium || 0 ||   || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.   
 Germany || 0 ||   
 France || 0 ||   
 The Netherlands || 0 ||   
 United Kingdom || 0 ||   
 Union || 0 ||   
   ||   ||   
 TAC || Not relevant" ||   
(f)      The
entry for redfish in Icelandic waters of Va is replaced by the following:
 "Species: || Redfish Sebastes spp. || Zone: || Icelandic waters of Va (RED/05A-IS) 
 Belgium || 0 || (1) (2) || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.   
 Germany || 0 || (1) (2) 
 France || 0 || (1) (2) 
 United Kingdom || 0 || (1) (2) 
 Union || 0 || (1) (2) 
   ||   ||   
 TAC || Not relevant ||   
 (1)         Including unavoidable by-catches (cod not allowed). (2)         May only be fished between July and December 2012."   
(g)     The entry for redfish in Faroese
waters of Vb is replaced by the following:
 "Species: || Redfish Sebastes spp. || Zone: || Faroese waters Vb (RED/05B-F.) 
 Belgium || 0 ||   || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.   
 Germany || 0 ||   
 France || 0 ||   
 United Kingdom || 0 ||   
 Union || 0 ||   
   ||   ||   
 TAC || Not relevant" ||   
(h)     The entry for other species in Faroese
waters of Vb is replaced by the following:
 "Species: || Other species(1) || Zone: || Faroese waters of Vb (OTH/05B-F.) 
 Germany || 0 ||   || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.   
 France || 0 ||   
 United Kingdom || 0 ||   
 Union || 0 ||   
   ||   ||   
 TAC || Not relevant ||   
 (1)           Excluding fish species of no commercial value."   
(i)      The
entry for flatfish in Faroese waters of Vb is replaced by the following: 
 "Species: || Flatfish || Zone: || Faroese waters of Vb (FLX/05B-F.) 
 Germany || 0 ||   || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.   
 France || 0 ||   
 United Kingdom || 0 ||   
 Union || 0 ||   
   ||   ||   
 TAC || Not relevant" ||   
4.           Annex
IC is amended as follows:
(a)     The
entry for cod in NAFO 3M is replaced by the following:
 "Species: || Cod Gadus morhua || Zone: || NAFO 3M (COD/N3M.) 
 Estonia || 103 ||   
 Germany || 432 
 Latvia || 103 
 Lithuania || 103 
 Poland || 219 
 Spain || 1 328 
 France || 185 
 Portugal || 1 992,5 
 United Kingdom || 865 
 Union || 5 330,5 
   ||   ||   
 TAC || 9 280" ||   
(b)     The entry for white hake in NAFO 3NO
is replaced by the following:
 Species: || White hake Urophycis tenuis || Zone: || NAFO 3NO (HKW/N3NO.) 
 Spain || 1 273 ||   || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.   
 Portugal || 1 667 ||   
 Union || 2 940 ||   
 TAC || 5 000 ||   
(c)     The
entry for Northern prawn in NAFO 3L is replaced by the following:
 "Species: || Northern prawn Pandalus borealis || Zone: || NAFO 3L(1) (PRA/N3L.) 
 Estonia || 134 ||   || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.   
 Latvia || 134 ||   
 Lithuania || 134 ||   
 Poland || 400 ||   
 Spain || 105,5 ||   
 Portugal || 161,5 ||   
 Union || 1 069 ||   
   ||   ||   
 TAC || 12 000 ||   
 (1)           Not including the box bounded by the following coordinates: 
   || Point No || Latitude N || Longitude W ||   ||   
   || 1 || 47° 20' 0 || 46° 40' 0 ||   ||   
   || 2 || 47° 20' 0 || 46° 30' 0 ||   ||   
   || 3 || 46° 00' 0 || 46° 30' 0 ||   ||   
   || 4 || 46° 00' 0 || 46° 40' 0" ||   ||   
   ||   ||   ||   ||   ||   
(d)     The entry for redfish in NAFO 3LN is
replaced by the following:
 "Species: || Redfish Sebastes spp. || Zone: || NAFO 3LN (RED/N3LN.) 
 Estonia || 297 ||   
 Germany || 203 
 Latvia || 297 
 Lithuania || 297 
 Portugal || 454 
   ||   
 Union || 1 548 ||   
   ||   ||   
 TAC || 6 000" ||   
(e)     The entry for redfish in NAFO 3O is
replaced by the following:
 "Species: || Redfish Sebastes spp. || Zone: || NAFO 3O (RED/N3O.) 
 Spain || 1 771 ||   || Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply.   
 Portugal || 5 229 ||   
 Poland || 150 ||   
   ||   ||   
 Union || 7 150 ||   
 TAC || 20 000" ||   
5.           Annex
IJ is replaced by the following:
“ANNEX
IJ
SPRFMO
CONVENTION AREA
 Species: || Jack mackerel Trachurus murphyi || Zone: || SPRFMO Convention Area (CJM/SPRFMO) 
 Germany || 6790, 5 ||   ||   
 The Netherlands || 7360,2 ||   ||   
 Lithuania || 4725 ||   ||   
 Poland || 8124,3 ||   ||   
 Union || 27 000" ||   ||   
[1]               Council Regulation (EU) No 43/2012 of 17 January 2012
fixing for 2012 the fishing opportunities available to EU vessels for certain
fish stocks and groups of fish stocks which are not subject to international
negotiations or agreements (OJ L 25, 27.1.2012, p. 1–54).
[2]               Council Regulation (EU) No 44/2012 of 17 January 2012
fixing for 2012 the fishing opportunities available in EU waters and, to EU
vessels, in certain non-EU waters for certain fish stocks and groups of fish
stocks which are subject to international negotiations or agreements (OJ L 25,
27.1.2012, p. 55–147).
[3]               Agreement on fisheries between the European Economic
Community and the Kingdom of Norway (OJ L 226, 29.8.1980,
p. 48).
[4]               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).
[5]               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 172, 30.6.2007,
p. 9).
[6]               Agreement on fisheries and the marine environment
between the European Economic Community and the Republic of Iceland (OJ L 161,
02.07.1993, p. 2).
[7]               [OJ Ref]
[8]               OJ L 25, 27.1.2012, p. 1.
[9]               OJ L 25, 27.1.2012, p. 55.
[10]             OJ L 347, 24.12.2009, p. 6.
[11]             OJ L 22, 26.1.2009, p. 1.