Council Regulation (EU) No 1256/2011Show full title

CHAPTER I U.K. SCOPE AND DEFINITIONS

Article 1 U.K. Subject matter

This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2012 and amends Regulation (EU) No 1124/2010 as regards the management of the fishing effort in respect of cod stocks in the Baltic Sea.

Article 2 U.K. Scope

This Regulation shall apply to EU vessels operating in the Baltic Sea.

Article 3 U.K. Definitions

For the purposes of this Regulation the following definitions shall apply:

(a)

International Council for the Exploration of the Sea (ICES) zones are the geographical areas specified in Annex I to Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound(1);

(b)

‘Baltic Sea’ means ICES Subdivisions 22-32;

(c)

‘EU vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

(d)

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

(e)

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

(f)

‘day absent from port’ means any continuous period of 24 hours or part thereof during which the vessel is absent from port.

CHAPTER II U.K. FISHING OPPORTUNITIES

Article 4 U.K. TACs and allocations

The TACs, the allocation of such TACs among Member States, and the conditions functionally linked thereto, where appropriate, are set out in Annex I.

Article 5 U.K. Special provisions on allocations

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;

(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 6 U.K. Conditions for landing catches and by-catches

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.

Article 7 U.K. Fishing effort limits

1. Fishing effort limits are set out in Annex II.

2. The limits referred to in paragraph 1 shall also apply to ICES Subdivisions 27 and 28.2, unless the Commission has taken a decision in accordance with Article 29(2) of Regulation (EC) No 1098/2007 to exclude those Subdivisions from the restrictions provided for in Article 8(1)(b), (3), (4) and (5) and Article 13 of that Regulation.

3. The limits referred to in paragraph 1 shall not apply to ICES Subdivision 28.1, unless the Commission has taken a decision in accordance with Article 29(4) of Regulation (EC) No 1098/2007 that the restrictions provided for in Article 8(1)(b), (3), (4) and (5) of Regulation (EC) No 1098/2007 shall apply to that Subdivision.

CHAPTER III U.K. FINAL PROVISIONS

Article 8 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.

Article 9 U.K. Amendment to Regulation (EU) No 1124/2010

Annex II to Regulation (EU) No 1124/2010 is replaced by the text appearing in Annex III to this Regulation.

Article 10 U.K. 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 2012.

However, Article 9 shall apply from 1 January 2011.

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

Done at Brussels, 30 November 2011.

For the Council

The President

J. Vincent-Rostowski