Council Regulation (EU) No 53/2010Show full title

CHAPTER I U.K. General provisions

Article 5 U.K. Catch limits and allocations

1. The catch limits for EU vessels in EU waters or in certain non-EU waters and the allocation of such catch limits among Member States and additional conditions in accordance with Article 2 of Regulation (EC) No 847/96 are set out in Annex I.

2. EU vessels are hereby authorised to make catches, within the quota limits 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 conditions set out in Article 12 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008 and its implementing provisions.

3. The Commission shall fix the catch limits for the fisheries on sandeel in EU waters of ICES zones IIa, IIIa and IV according to the rules laid down in point 6 of Annex IID.

4. The Commission shall fix catch limits for capelin in Greenland waters of ICES zones V and XIV available to the Union at 7,7 % of the capelin TAC as soon as the TAC has been established.

5. Catch limits for the stock of Norway pout in EU waters of ICES zones IIa, IIIa and IV and for the stock of sprat in EU waters of ICES zones IIa and IV may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 in the light of scientific information collected during the first half of 2010.

6. As a consequence of a revision of the stock of Norway pout in accordance with paragraph 5, the catch limits for the stocks of whiting in EU waters of ICES zone IIa, IIIa and IV and for the stocks of haddock in EU waters of ICES zone IIa, III and IV may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 to take into account industrial by-catches in the Norway pout fishery.

7. The Commission may fix the catch limits for the stock of anchovy in ICES zone VIII in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 in the light of scientific information collected during the first half of 2010.

Article 6 U.K. Prohibited species

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

(a)

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

(b)

angel shark (Squatina squatina) in all EU waters;

(c)

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

(d)

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

(e)

porbeagle (Lamna nasus) in international waters.

Article 7 U.K. Special provisions on allocations

1. The allocation of fishing opportunities among Member States as set out in Annex I 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 21(3) of Regulation (EEC) No 2847/93 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 105, 106 and 107 of Regulation (EC) No 1224/2009.

2. Except where otherwise specified in Annex I of 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 to stocks subject to analytical TAC.

Article 8 U.K. Fishing effort limits

From 1 February 2010 to 31 January 2011, the fishing effort measures laid down in:

(a)

Annex IIA shall apply for the management of certain stocks in the Kattegat, the Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat, ICES zones IV, VIa, VIIa, VIId and EU waters of ICES zones IIa and Vb;

(b)

Annex IIB shall apply for the recovery of hake and Norway lobster in ICES zones VIIIc and IXa with the exception of the Gulf of Cádiz;

(c)

Annex IIC shall apply for the management of the sole stock in ICES zone VIIe;

(d)

Annex IID shall apply for the management of sandeel stocks in EU waters of ICES zones IIa, IIIa and IV.

Article 9 U.K. Catch and effort limits deep-sea fisheries

1. In addition to the catch limits laid down in Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks(1), it shall be prohibited to catch and to retain on board, to tranship or to land any aggregate quantity of the deep-sea species and of Greenland halibut in excess of 100 kg in each sea trip, unless the vessel in question holds a deep-sea permit issued in accordance with Article 3 of Regulation (EC) No 2347/2002.

2. Member States shall ensure that fishing activities which lead to catches and retention on board of more than 10 tonnes each calendar year of deep-sea species and of Greenland halibut by vessels flying their flag and registered in their territory shall be subject to a deep-sea fishing permit.

3. Member States shall ensure that for 2010 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits 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 and/or deep-sea species, as listed in Annexes I and II to Regulation (EC) No 2347/2002, 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 10 U.K. Conditions for landing catches and by-catches

1. Fish from stocks for which catch limits are established shall be retained on board or landed only if:

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

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

2. By way of derogation from paragraph 1, the following fish may be retained on board and landed even if a Member State has no quotas or the quotas or shares are exhausted:

(a) species, other than herring and mackerel, where

(i)

they are caught mixed with other species with nets whose mesh size is less than 32 mm in accordance with Article 4 of Regulation (EC) No 850/98; and

(ii)

the catches are not sorted either on board or on landing;

or

(b) mackerel, where

(i)

they are caught mixed with horse mackerel or pilchard;

(ii)

they do not exceed 10 % of the total weight of mackerel, horse mackerel and pilchard on board; and

(iii)

the catches are not sorted either on board or on landing.

3. All landings shall count against the quota or, if the Union quota has not been allocated between Member States by quotas, against the Union quota, except for catches made in accordance with paragraph 2.

4. The percentage of by-catches and their disposal shall be determined in accordance with Articles 4 and 11 of Regulation (EC) No 850/98.

Article 11 U.K. Restrictions on the use of certain fishing opportunities

During the period from 1 May to 31 July 2010 it shall be prohibited to fish for or retain on board any marine organisms other than herring, mackerel, pilchard/sardines, horse mackerel, sprat, blue whiting and argentines within the area bounded by rhumb lines sequentially joining the following positions:

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

Article 12 U.K. Unsorted landings in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa

1. When catch limits of a Member State for herring in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa are exhausted, vessels flying the flag of that Member State, registered in the Union and operating within the fisheries to which the relevant catch limitations apply shall be prohibited from landing catches which are unsorted and which contain herring.

2. Member States shall ensure that an adequate sampling programme is in place allowing an efficient monitoring of unsorted landings by species caught in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa.

3. Unsorted catches in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa shall be landed only at ports and landing locations where a sampling programme as referred to in paragraph 2 is in place.

Article 13 U.K. Data transmission

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.

(1)

OJ L 352, 31.12.2008, p. 1.