Article 1 Subject matter
This Regulation fixes for the years 2013 and 2014 the annual fishing opportunities available to EU vessels for fish stocks of certain deep-sea species in EU waters and in certain non-EU waters where catch limits are required.
Article 2 Definitions
1. For the purposes of this Regulation, the following definitions shall apply: (a) ‘EU vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union; (b) ‘EU waters’ means the waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent to the territories mentioned in Annex II to the Treaty; (c) ‘total allowable catch’ (TAC) means the quantity that can be taken and landed from each fish stock each year; (d) ‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country; (e) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State. 2. For the purposes of this Regulation, the following zone definitions shall apply: (a) ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council ( 5 ) ; (b) CECAF (Committee for Eastern Central Atlantic Fisheries) zones are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council ( 6 ) .
Amendment rationale: CONTEXT OF THE PROPOSAL Council Regulations (EU) No 39/2013 and (EU) No 40/2013 fix, for 2013, fishing opportunities for certain fish stocks and groups of fish stocks applicable in EU waters and, for EU vessels, in certain non-EU waters. Fishing opportunities contained in those Regulations are usually amended several times during the period in which they are in effect. Regulation (EU) No 1262/2012 fixes, for 2013 and 2014, the fishing opportunities for EU vessels for certain deep-sea fish stocks. As for Regulation (EC) No 754/2009, it excludes certain groups of vessels from the fishing effort regime for cod laid down in Chapter III of Regulation (EC) No 1342/2008. When an excluded group of vessels needs to be re-included in Regulation (EC) No 754/2009, the relevant provision thereof needs to be amended, as well as the effort limits shown in Annex IIA of the two fishing opportunities regulations mentioned above.
Article 3 TACs and allocations
The TACs for deep-sea species caught by EU vessels in EU waters or in certain non-EU waters, the allocation of such TACs among Member States and the conditions functionally linked thereto, where appropriate, are set out in the Annex to this Regulation.
Article 4 Special provisions on allocations of fishing opportunities
1. The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to: (a) exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002; (b) deductions and reallocations made pursuant to Article 37 of Council Regulation (EC) No 1224/2009 ( 7 ) or pursuant to Article 10(4) of Council Regulation (EC) No 1006/2008 ( 8 ) ; (c) additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96; (d) quantities withheld pursuant to Article 4 of Regulation (EC) No 847/96; (e) deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009. 2. Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC whereas Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TAC, except where otherwise specified in the Annex to this Regulation.
Amendment rationale: CONTEXT OF THE PROPOSAL Council Regulations (EU) No 39/2013 and (EU) No 40/2013 fix, for 2013, fishing opportunities for certain fish stocks and groups of fish stocks applicable in EU waters and, for EU vessels, in certain non-EU waters. Fishing opportunities contained in those Regulations are usually amended several times during the period in which they are in effect. Regulation (EU) No 1262/2012 fixes, for 2013 and 2014, the fishing opportunities for EU vessels for certain deep-sea fish stocks. As for Regulation (EC) No 754/2009, it excludes certain groups of vessels from the fishing effort regime for cod laid down in Chapter III of Regulation (EC) No 1342/2008. When an excluded group of vessels needs to be re-included in Regulation (EC) No 754/2009, the relevant provision thereof needs to be amended, as well as the effort limits shown in Annex IIA of the two fishing opportunities regulations mentioned above.
Revised version (Article 4 Special provisions on allocations of fishing opportunities):
2. Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC whereas Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TAC, except where otherwise specified in the Annex to this Regulation.
Article 5 Conditions for landing catches and by-catches
Fish from stocks for which TACs are established shall be retained on board or landed only if the catches have been taken by vessels flying the flag of a Member State having a quota and that quota is not exhausted.
Article 6 Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union . It shall apply from 1 January 2013.