Article 1 Subject matter
This Regulation fixes for the years 2017 and 2018 the annual fishing opportunities available to Union fishing vessels for fish stocks of certain deep-sea species in Union waters and in certain non-Union waters where catch limits are required.
Article 2 Definitions
1. For the purposes of this Regulation, the following definitions shall apply: (a) ‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union; (b) ‘Union waters’ means the waters under the sovereignty or jurisdiction of the Member States, with the exception of waters adjacent to the territories listed 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 or a Member State; (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 ( 6 ) ; (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 ( 7 ) .
Article 3 TACs and allocations
The TACs for deep-sea species caught by Union fishing vessels in Union waters or in certain non-Union waters, the allocation of such TACs among Member States and the conditions functionally linked thereto, where appropriate, are set out in the Annex.
Article 4 Special provisions on the allocation 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 16(8) of Regulation (EU) No 1380/2013; (b) deductions and reallocations made pursuant to Article 37 of Council Regulation (EC) No 1224/2009 ( 8 ) ; (c) reallocations made pursuant to Article 10(4) of Council Regulation (EC) No 1006/2008 ( 9 ) ; (d) additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96; (e) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96; (f) deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009. 2. Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC whereas Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TAC, except where otherwise specified in the Annex to this Regulation.
Article 5 Conditions for landing catches and by-catches
Fish from stocks for which TACs are established shall be retained on board or landed only if the catches have been taken by fishing vessels flying the flag of a Member State having a quota and that quota is not exhausted.
Article 6 Prohibition
It shall be prohibited for Union fishing vessels to fish for orange roughy ( Hoplostethus atlanticus ) in Union and international waters of ICES subareas I, II, III, IV, V, VI; VII; VIII, IX, X, XII and XIV, and to retain on board, to tranship or to land orange roughy caught in that area.
Article 7 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 the Annex to this Regulation.
Article 8 Amendment to Regulation (EU) 2016/72
In Annex IA to Regulation (EU) 2016/72, the entry in the table for anchovy in ICES subareas IX, X and in Union waters of CECAF 34.1.1 (ANE/9/3411) is replaced by the following: Species: Anchovy Engraulis encrasicolus Zone: IX and X; Union waters of CECAF 34.1.1 (ANE/9/3411) Spain 7 174 Portugal 7 826 Union 15 000 TAC 15 000 Precautionary TAC
Article 9 Entry into force
This Regulation shall enter into force on the date following that of its publication in the Official Journal of the European Union . It shall apply from 1 January 2017. However, Article 8 shall apply from 1 January 2016.