CHAPTER ISUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1Subject matter

This Regulation fixes fishing opportunities for the year 2010 for certain fish stocks in the Black Sea and the specific conditions under which such fishing opportunities may be used.

Article 2F1Scope

1

This Regulation shall apply to Community fishing vessels (‘Community vessels’) operating in the Black Sea.

2

By way of derogation from paragraph 1, this Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State whose flag the vessel concerned is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out, ICES and STECF of all catches from such fishing operations.

3

Paragraph 2 shall not apply to fishing operations by vessels participating in initiatives regarding fully documented fisheries where such fisheries benefit from additional quota.

Article 3Definitions

In addition to the definitions laid down in Article 3 of Regulation (EC) No 2371/2002, for the purposes of this Regulation the following definitions shall apply:

  1. (a)

    ‘GFCM’ means General Fisheries Commission for the Mediterranean;

  2. (b)

    ‘Black Sea’ means the GFCM geographical sub-area as defined in resolution GFCM/33/2009/2;

  3. (c)

    ‘total allowable catch (TAC)’ means the quantity that can be taken from each stock each year;

  4. (d)

    ‘quota’ means a proportion of the TAC allocated to the Community, a Member State or a third country.

CHAPTER IIFISHING OPPORTUNITIES AND THE CONDITIONS RELATING THERETO

Article 4Catch limits and allocations

The catch limits, the allocation of such limits among Member States, and the additional conditions applicable pursuant to Article 2 of Regulation (EC) No 847/96 are set out in Annex I to this Regulation.

Article 5Special provisions on allocations

The allocation of catch limits among Member States as set out in Annex I shall be without prejudice to:

  1. (a)

    exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

  2. (b)

    reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93 and the second subparagraph of Article 23(4) of Regulation (EC) No 2371/2002;

  3. (c)

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

  4. (d)

    deductions made pursuant to Article 5 of Regulation (EC) No 847/96 and the first subparagraph of Article 23(4) of Regulation (EC) No 2371/2002.

Article 6Conditions for catches and by-catches

1

Fish from stocks for which catch limits are fixed shall be retained on board or landed only if the catches have been taken by fishing vessels of a Member State with a quota and that quota has not been exhausted.

2

All landings shall count against the quota or, if the Community share has not been allocated among Member States by quotas, against the Community share.

Article 7Prohibition of high-grading

Any species, subject to a quota, which is caught during fishing operations shall be brought aboard the vessel and subsequently landed unless this would be contrary to obligations laid down in Community fisheries legislation establishing technical, control, and conservation measures, and in particular in this Regulation, in Regulation (EEC) No 2847/93 and in Regulation (EC) No 2371/2002.

Article 8Transitional technical measures

The transitional technical measures shall be as set out in Annex II.

CHAPTER IIIFINAL PROVISIONS

Article 9Data transmission

When Member States send data to the Commission relating to landings of quantities of stocks caught pursuant to Article 15(1) of Regulation (EEC) No 2847/93, they shall use the stock codes set out in Annex I to this Regulation.

Article 10Entry into force

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.