Council Regulation (EU) No 44/2012Dangos y teitl llawn

CHAPTER I General provisions

Article 5 TACs and allocations

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

2. EU vessels are 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 14 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008(1) and its implementing provisions.

3. The Commission shall revise quotas for capelin available to the Union in Greenland waters of ICES subareas V and XIV on the basis of the TAC and its allocation to the Union established by Greenland in accordance with the 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, and the Protocol thereto.

4. In the light of scientific information collected during the first half of 2012, TACs set out in Annex I for the following stocks may be revised by the Commission by means of implementing acts adopted in accordance with the procedure referred to in Article 38(2):

(a) the stock of sandeel and associated by-catches in EU waters of ICES divisions IIa and IIIa and ICES subarea IV in accordance with Annex IIB to this Regulation;

(b) the stock of Norway pout and associated by-catches in ICES subarea IIIa and EU waters of ICES division IIa and ICES subarea IV; and

(c) the stock of sprat and associated by-catches in EU waters of ICES division IIa and ICES subarea IV.

5. On duly justified imperative grounds of urgency relating to the obligation of the Union to comply with its international obligations, the Commission shall revise the TACs set out in Annex I for the stocks referred to in paragraph 4 of this Article by means of immediately applicable implementing acts in accordance with the procedure referred to in Article 38(3). Those acts shall remain in force for the period of application of this Regulation, and in any case not later than 31 December 2012.

Article 6 Additional allocation for vessels participating in trials on fully documented fisheries

1. For certain stocks, a Member State may grant an additional allocation to vessels flying its flag participating in trials on fully documented fisheries. Those stocks are identified in Annex I. The additional allocation shall not exceed an overall limit set out in Annex I as a percentage of the quota allocated to that Member State.

2. The additional allocation referred to in paragraph 1 may be granted only in accordance with the following conditions:

(a) the vessel makes use of close circuit television cameras (CCTV) associated to a system of sensors to record all fishing and processing activities on board the vessels;

(b) the amount of the additional allocation granted to an individual vessel that participates in trials on fully documented fisheries shall be no more than 75 % of the discards estimated for the type of vessel to which it belongs, and in any case shall not represent more than a 30 % increase of the vessel's basic allocation; and

(c) all catches of the relevant stock subject to the additional allocation by that vessel shall be counted against its total allocation.

Notwithstanding point (b), a Member State may exceptionally grant to vessel flying its flag additional allocation that corresponds to more than 75 % of the estimated discards for the type of vessel to which the vessel concerned belongs, provided that:

(i)

the estimated discards for the type of vessel are less than 10 %;

(ii)

it can be demonstrated that the inclusion of that type of vessel is important to evaluate the potential of the CCTV system for control purposes; and

(iii)

an overall limit of 75 % of the estimated discards is not exceeded for all vessels participating in the trials.

3. Where a Member State detects that a vessel participating in trials on fully documented fisheries fails to comply with the conditions set out in paragraph 2, it shall immediately withdraw the additional allocation granted to that vessel and exclude it from participation in those trials for the remainder of the year 2012.

4. Prior to granting the additional allocation referred to in paragraph 1, a Member State shall submit to the Commission the following information:

(a) the list of vessels flying its flag participating in trials on fully documented fisheries,

(b) the specifications of the remote electronic monitoring equipment installed on board those vessels;

(c) the capacity, type and specification of gears used by those vessels;

(d) the estimated discards for each type of vessel participating in the trials; and

(e) the amount of catches of the stock subject to the relevant TAC made in 2011 by the vessels participating in the trials.

5. The Commission may request that the assessment of the estimated discards for the type of vessel referred to in point (b) of paragraph 2, be submitted to a scientific advisory body for review. In the absence of a confirming assessment, the Member State concerned shall inform the Commission, in writing, of the measures taken to ensure that the relevant vessels comply with the estimated discards condition established in point (b) of paragraph 2.

Article 7 Flexibility in the management of certain stocks

1. For certain stocks identified in Annex I, a Member State may opt to increase its initial quota set in Annex I by 10 %. The Member State concerned shall notify its decision to the Commission. Upon such notification, the increased quota shall be considered the quota allocated to that Member State.

2. Any quantities fished in 2012 under such increased quota that exceed the initial quota shall be deducted for the purpose of calculating the quota of the Member State concerned for the relevant stock for 2013.

3. Any quantities not fished under the initial quota up to 10 % of that quota shall be added for the purpose of calculating the quota of the Member State concerned for the relevant stock for 2013.

Article 8 Conditions for landing catches and by-catches

Fish from stocks for which TACs are established shall be retained on board or landed only if:

(a)

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

(b)

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

Article 9 Fishing effort limits

From 1 February 2012 to 31 January 2013, the fishing effort measures laid down in Annex IIA shall apply for the management of certain cod, plaice and sole stocks in:

(a)

the Skagerrak;

(b)

that part of ICES division IIIa not covered by the Skagerrak and the Kattegat;

(c)

ICES subarea IV;

(d)

EU waters of ICES division IIa; and

(e)

ICES division VIId.

Article 10 Catch and effort limits for deep-sea fisheries

1. Article 3(1) of Regulation (EC) No 2347/2002(2) 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.

2. Member States shall ensure that for 2012 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, were caught.

Article 11 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) reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009 or pursuant to Article 10(4) of Regulation (EC) No 1006/2008;

(c) additional landings allowed under Article 3 of Regulation (EC) No 847/96;

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

(e) deductions made pursuant to Articles 37, 105, 106 and 107 of Regulation (EC) No 1224/2009.

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

Article 12 Closed fishing season

1. 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 July 2012: tusk, blue ling and ling.

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

Point	Latitude	Longitude
1	52° 27′ N	12° 19′ W
2	52° 40′ N	12° 30′ W
3	52° 47′ N	12° 39,600′ W
4	52° 47′ N	12° 56′ W
5	52° 13,5′ N	13° 53,830′ W
6	51° 22′ N	14° 24′ W
7	51° 22′ N	14° 03′ W
8	52° 10′ N	13° 25′ W
9	52° 32′ N	13° 07,500′ W
10	52° 43′ N	12° 55′ W
11	52° 43′ N	12° 43′ W
12	52° 38,800′ N	12° 37′ W
13	52° 27′ N	12° 23′ W
14	52° 27′ N	12° 19′ W

3. By way of derogation from paragraph 1, transit through the Porcupine Bank, 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.

Article 13 Prohibitions

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

(a) basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in EU and non-EU waters;

(b) porbeagle (Lamna nasus) in all waters, except where it is provided otherwise in Annex I, Part B to Regulation (EU) No 43/2012(3);

(c) angel shark (Squatina squatina) in EU waters;

(d) common skate (Dipturus batis) in EU waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;

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

(f) guitarfishes (Rhinobatidae) in EU waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII.

2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. They 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 the landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.

(1)

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 (OJ L 286, 29.10.2008, p. 33).

(2)

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).

(3)

Council Regulation (EU) No 43/2012 of 18 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 (see page 1 of this Official Journal).