Council Regulation (EU) No 43/2012

of 17 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

Article 43(3) of the Treaty provides that the Council, on a proposal from the Commission, is to adopt measures on the fixing and allocation of fishing opportunities.

(2)

Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy1 requires that measures governing access to waters and resources and the sustainable pursuit of fishing activities be established taking into account available scientific, technical and economic advice and, in particular, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF), as well as in the light of any advice received from Regional Advisory Councils.

(3)

It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities by fishery or by group of fisheries, including certain conditions functionally linked thereto, as appropriate. Fishing opportunities should be distributed among Member States in such a way as to assure each Member State relative stability of fishing activities for each stock or fishery and having due regard to the objectives of the common fisheries policy established in Regulation (EC) No 2371/2002.

(4)

In order to ensure uniform conditions for the implementation concerning the granting individual Member State an authorisation to benefit from the system of managing its fishing effort allocations in accordance with a kilowatt days system, implementing powers should be conferred on the Commission.

(5)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission relating to granting of additional days at sea for permanent cessation of fishing activities and for enhanced scientific observer coverage as well as to establishing the formats of spreadsheet for the collection and transmission of information concerning transfer of days at sea between fishing vessels flying the flag of a Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers2.

(6)

Where a total allowable catch (TAC) relating to a stock is allocated to one Member State only, it is appropriate to empower the Member State concerned in accordance with Article 2(1) of the Treaty to determine the level of such TAC. Provisions should be made to ensure that, when fixing that TAC level, the Member State concerned acts in a manner fully consistent with the principles and rules of the common fisheries policy.

(7)

Certain TACs allow Member States to grant additional allocations for vessels participating in trials on fully documented fisheries. The aim of those trials is to test a catch-quota system to avoid discards and the waste of otherwise usable fish resources it entails. Uncontrolled discards of fish are a threat to the long term sustainability of fish as a public good and thus to the common fisheries policy objectives. By contrast, catch-quota systems inherently present the fishers with an incentive to optimise the catch selectivity of their operations. In order to achieve a rational management of discards, a fully documented fishery should cover every operation at sea, rather than what is landed at port. The conditions for Member States to grant such additional allocations should therefore include an obligation to ensure the use of close circuit television cameras (CCTV) associated to a system of sensors. This should enable to record in detail all retained and discarded parts of catches. A system based on human observers operating in real time on board would be less efficient, more costly, and less reliable. Consequently, the use of CCTV is at this time a prerequisite for the achievement of discard reduction schemes such as fully documented fisheries, provided that the requirements of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data3 are complied with.

(8)

The TACs should be established on the basis of available scientific advice, taking into account biological and socio-economic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders, in particular at the meetings with the Advisory Committee for Fisheries and Aquaculture and the Regional Advisory Councils concerned.

(9)

For stocks subject to specific multiannual plans, the TACs should be established in accordance with the rules laid down in those plans. Consequently, the TACs for stocks of hake, of Norway lobster, of sole in the Bay of Biscay and the Western Channel, of herring to the west of Scotland and of cod in the Kattegat, to the west of Scotland and in the Irish Sea should be established in accordance with the rules laid down in: Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the northern hake stock4; Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula5; Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay6; Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel7; Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock8; and Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks9 (the ‘Cod Plan’).

(10)

For stocks for which there is no sufficient or reliable data in order to provide size estimates, management measures and TAC levels should follow the precautionary approach to fisheries management as defined in point (i) of Article 3 of Council Regulation (EC) No 2371/2002, while taking into account stock-specific factors, including, in particular, available information on stock trends and mixed fisheries considerations.

(11)

In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas10, the stocks that are subject to the various measures referred to therein should be identified.

(12)

For certain species, such as certain species of sharks, even a limited fishing activity could result in a serious risk to their conservation. Fishing opportunities for such species should therefore be fully restricted through a general prohibition on fishing those species.

(13)

Norway lobster is caught in mixed demersal fisheries together with various other species. In a zone to the west of Ireland, known as the Porcupine Bank, scientific advice has recommended that catches of this species do not increase in 2012. In order to help continue the recovery of the stock, it is appropriate to keep fishing opportunities confined, in a certain part of that zone and in certain periods, to the catching of pelagic species with which Norway lobster is not caught.

(14)

Since there is no scientific evidence that the TAC areas for pollack correspond to distinct biological stocks and the distribution of this species is continuous from the north of the British Isles to the south of the Iberian Peninsula, it is appropriate, in order to guarantee full use of the fishing opportunities, to allow the implementation of a flexible arrangement between some of the TAC areas.

(15)

It is necessary to establish the fishing effort ceilings for 2012 in accordance with Article 8 of Regulation (EC) No 2166/2005, Article 5 of Regulation (EC) No 509/2007, Articles 11 and 12 of Regulation (EC) No 1342/2008, while taking into account Council Regulation (EC) No 754/2009 of 27 July 2009 excluding certain groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/200811.

(16)

The use of fishing opportunities available to EU vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy12, and in particular to Articles 33 and 34 thereof concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.

(17)

In order to avoid the interruption of fishing activities and to ensure the livelihood of the fishermen of the Union, this Regulation should apply from 1 January 2012, except for the provisions concerning fishing effort limits, which should apply from 1 February 2012. For reasons of urgency, this Regulation should enter into force immediately after its publication.

(18)

Fishing opportunities should be used in full compliance with the applicable law of the Union,

HAS ADOPTED THIS REGULATION:

TITLE ISCOPE AND DEFINITIONS

Article 1Subject matter

1

This Regulation fixes 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.

2

The fishing opportunities referred to in paragraph 1 shall include:

a

catch limits for the year 2012; and

b

fishing effort limits for the period from 1 February 2012 to 31 January 2013.

Article 2Scope

This Regulation shall apply to EU vessels.

Article 3Definitions

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

  1. (a)

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

  2. (b)

    'EU waters' means waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent to the overseas countries and territories listed in Annex II to the Treaty;

  3. (c)

    'total allowable catch' (TAC) means the quantity that can be taken and landed from each fish stock each year;

  4. (d)

    'quota' means a proportion of the TAC allocated to the Union or a Member State;

  5. (e)

    'international waters' means waters falling outside the sovereignty or jurisdiction of any State;

  6. (f)

    'mesh size' means the mesh size of fishing nets as determined in accordance with Regulation (EC) No 517/200813;

  7. (g)

    'EU fishing fleet register' means the register set up by the Commission in accordance with Article 15(3) of Regulation (EC) No 2371/2002;

  8. (h)

    'fishing logbook' means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009.

Article 4Fishing zones

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

  1. (a)

    ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation (EC) No 218/200914;

  2. (b)

    'Skagerrak' means the geographical area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast;

  3. (c)

    'Kattegat' means the geographical area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;

  4. (d)

    'VII (Porcupine Bank – Unit 16)' means the geographical area bounded by rhumb lines sequentially joining the following positions:

    • 53° 30′ N 15° 00′ W,

    • 53° 30′ N 11° 00′ W,

    • 51° 30′ N 11° 00′ W,

    • 51° 30′ N 13° 00′ W,

    • 51° 00′ N 13° 00′ W,

    • 51° 00′ N 15° 00′ W,

    • 53° 30′ N 15° 00′ W;

  5. (e)

    'Gulf of Cádiz' means the geographical area of ICES division IXa east of longitude 7° 23′ 48″ W;

  6. (f)

    CECAF (Committee for Eastern Central Atlantic Fisheries) areas are the geographical areas specified in Annex II to Regulation (EC) No 216/200915.

TITLE IIFISHING OPPORTUNITIES

Article 5TACs and allocations

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.

Article 6Special provisions on certain TACs

1

The TACs for certain fish stocks shall be determined by the Member State concerned. Those stocks are identified in Annex I.

2

The TACs to be determined by a Member State shall:

a

be consistent with the principles and rules of the common fisheries policy, in particular the principle of sustainable exploitation of the stock; and

b

result:

  1. (i)

    if analytical assessments are available, in the exploitation of the stock consistent with maximum sustainable yield from 2015 onwards, with as high a probability as possible;

  2. (ii)

    if analytical assessments are unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.

3

By 15 March 2012, each Member State concerned shall submit to the Commission the following information:

a

the TACs adopted;

b

the data collected and assessed by the Member State concerned on which the TACs adopted are based; and

c

details on how the TACs adopted comply with paragraph 2.

Article 7Additional 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:

  1. (i)

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

  2. (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

  3. (iii)

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

To the extent that the recordings obtained in accordance with point (a) involve the processing of personal data within the meaning of Directive 95/46/EC, that Directive shall apply to the processing of such data.

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 8Conditions for landing catches and by-catches

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

  1. (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

  2. (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 9Fishing effort limits

From 1 February 2012 to 31 January 2013, the fishing effort measures laid down in:

  1. (a)

    Annex IIA, shall apply for the management of cod stocks in the Kattegat, ICES divisions VIIa and VIa, and EU waters of ICES division Vb;

  2. (b)

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

  3. (c)

    Annex IIC, shall apply for the management of the sole stock in ICES division VIIe.

Article 10Special 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 1006/200816;

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 11Closed 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: cod, megrims, anglerfish, haddock, whiting, hake, Norway lobster, plaice, pollack, saithe, skates and rays, common sole and spurdog.

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 12Prohibitions

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 waters and non-EU waters;

b

porbeagle (Lamna nasus) in all waters, except where it is provided otherwise in Annex I Part B;

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;

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 13Data 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 Annex I to this Regulation.

TITLE IIIFINAL PROVISIONS

Article 14Committee procedure

1

The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 15Entry into force and application

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 February 2012.

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

Done at Brussels, 17 January 2012.

For the Council

The President

N. Wammen

LIST OF ANNEXES

ANNEX I

TACs applicable to EU vessels in areas where TACs exist by species and by area:

  • Part A: General provisions

  • Part B: Kattegat, ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, EU waters of CECAF, French Guiana waters

ANNEX IIA

Fishing effort for vessels in the context of the management of cod stocks in the Kattegat, ICES divisions VIa and VIIa, and EU waters of ICES division Vb

ANNEX IIB

Fishing effort for vessels in the context of the recovery of certain Southern hake and Norway lobster stocks in ICES divisions VIIIc and IXa excluding the Gulf of Cádiz

ANNEX IIC

Fishing effort for vessels in the context of the management of Western Channel sole stocks in ICES division VIIe

ANNEX ITACs APPLICABLE TO EU VESSELS IN AREAS WHERE TACs EXIST BY SPECIES AND BY AREA

PART AGeneral provisions

The tables in Part B of this Annex set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, and conditions functionally linked thereto, where appropriate.

All fishing opportunities set out in this Annex shall be subject to the rules set out in Regulation (EC) No 1224/2009, and in particular Articles 33 and 34 thereof.

The references to fishing zones are references to ICES zones, unless otherwise specified. Within each area, fish stocks are referred to following the alphabetical order of the Latin names of the species. For the purposes of this Regulation, the following comparative table of Latin names and common names is provided:

Scientific name

Alpha-3 code

Common name

Amblyraja radiata

RJR

Starry ray

Ammodytes spp.

SAN

Sandeels

Argentina silus

ARU

Greater silver smelt

Beryx spp.

ALF

Alfonsinos

Brosme brosme

USK

Tusk

Caproidae

BOR

Boarfish

Centrophorus squamosus

GUQ

Leafscale gulper shark

Centroscymnus coelolepis

CYO

Portuguese dogfish

Chaceon maritae

CGE

Deep sea red crab

Champsocephalus gunnari

ANI

Antarctic icefish

Chionoecetes spp.

PCR

Snow crab

Clupea harengus

HER

Herring

Coryphaenoides rupestris

RNG

Roundnose grenadier

Dalatias licha

SCK

Kitefin shark

Deania calcea

DCA

Birdbeak dogfish

Dipturus batis

RJB

Common skate

Dissostichus eleginoides

TOP

Patagonian toothfish

Dissostichus mawsoni

TOA

Antarctic toothfish

Engraulis encrasicolus

ANE

Anchovy

Etmopterus princeps

ETR

Great lanternshark

Etmopterus pusillus

ETP

Smooth lanternshark

Euphausia superba

KRI

Krill

Gadus morhua

COD

Cod

Galeorhinus galeus

GAG

Tope shark

Glyptocephalus cynoglossus

WIT

Witch flounder

Hippoglossoides platessoides

PLA

American plaice

Hippoglossus hippoglossus

HAL

Atlantic halibut

Hoplostethus atlanticus

ORY

Orange roughy

Illex illecebrosus

SQI

Shortfin squid

Lamna nasus

POR

Porbeagle

Lepidonotothen squamifrons

NOS

Grey rockcod

Lepidorhombus spp.

LEZ

Megrims

Leucoraja circularis

RJI

Sandy ray

Leucoraja fullonica

RJF

Shagreen ray

Leucoraja naevus

RJN

Cuckoo ray

Limanda ferruginea

YEL

Yellowtail flounder

Limanda limanda

DAB

Dab

Lophiidae

ANF

Anglerfish

Macrourus spp.

GRV

Grenadiers

Makaira nigricans

BUM

Blue marlin

Mallotus villosus

CAP

Capelin

Martialia hyadesi

SQS

Squid

Melanogrammus aeglefinus

HAD

Haddock

Merlangius merlangus

WHG

Whiting

Merluccius merluccius

HKE

Hake

Micromesistius poutassou

WHB

Blue whiting

Microstomus kitt

LEM

Lemon sole

Molva dypterygia

BLI

Blue ling

Molva molva

LIN

Ling

Nephrops norvegicus

NEP

Norway lobster

Pandalus borealis

PRA

Northern prawn

Paralomis spp.

PAI

Crabs

Penaeus spp.

PEN

‘Penaeus’ shrimps

Platichthys flesus

FLE

Flounder

Pleuronectes platessa

PLE

Plaice

Pleuronectiformes

FLX

Flatfish

Pollachius pollachius

POL

Pollack

Pollachius virens

POK

Saithe

Psetta maxima

TUR

Turbot

Raja brachyura

RJH

Blonde ray

Raja clavata

RJC

Thornback ray

Raja (Dipturus) nidarosiensis

JAD

Norwegian skate

Raja microocellata

RJE

Small-eyed ray

Raja montagui

RJM

Spotted ray

Raja undulata

RJU

Undulate ray

Rajiformes

SRX

Skates and rays

Reinhardtius hippoglossoides

GHL

Greenland halibut

Rostroraja alba

RJA

White skate

Scomber scombrus

MAC

Mackerel

Scophthalmus rhombus

BLL

Brill

Sebastes spp.

RED

Redfish

Solea solea

SOL

Common sole

Solea spp.

SOO

Sole

Sprattus sprattus

SPR

Sprat

Squalus acanthias

DGS

Spurdog/dogfish

Tetrapturus albidus

WHM

White marlin

Thunnus maccoyii

SBF

Southern bluefin tuna

Thunnus obesus

BET

Bigeye tuna

Thunnus thynnus

BFT

Bluefin tuna

Trachurus spp.

JAX

Horse mackerel

Trisopterus esmarkii

NOP

Norway pout

Urophycis tenuis

HKW

White hake

Xiphias gladius

SWO

Swordfish

The following comparative table of common names and Latin names is provided exclusively for explanatory purposes:

Alfonsinos

ALF

Beryx spp.

American plaice

PLA

Hippoglossoides platessoides

Anchovy

ANE

Engraulis encrasicolus

Anglerfish

ANF

Lophiidae

Antarctic icefish

ANI

Champsocephalus gunnari

Antarctic toothfish

TOA

Dissostichus mawsoni

Atlantic halibut

HAL

Hippoglossus hippoglossus

Bigeye tuna

BET

Thunnus obesus

Birdbeak dogfish

DCA

Deania calcea

Blonde ray

RJH

Raja brachyura

Blue ling

BLI

Molva dypterygia

Blue marlin

BUM

Makaira nigricans

Blue whiting

WHB

Micromesistius poutassou

Bluefin tuna

BFT

Thunnus thynnus

Boarfish

BOR

Caproidae

Brill

BLL

Scophthalmus rhombus

Capelin

CAP

Mallotus villosus

Cod

COD

Gadus morhua

Common skate

RJB

Dipturus batis

Common sole

SOL

Solea solea

Crabs

PAI

Paralomis spp.

Cuckoo ray

RJN

Leucoraja naevus

Dab

DAB

Limanda limanda

Deep sea red crab

CGE

Chaceon maritae

Flatfish

FLX

Pleuronectiformes

Flounder

FLE

Platichthys flesus

Great lanternshark

ETR

Etmopterus princeps

Greater silver smelt

ARU

Argentina silus

Greenland halibut

GHL

Reinhardtius hippoglossoides

Grenadiers

GRV

Macrourus spp.

Grey rockcod

NOS

Lepidonotothen squamifrons

Haddock

HAD

Melanogrammus aeglefinus

Hake

HKE

Merluccius merluccius

Herring

HER

Clupea harengus

Horse mackerel

JAX

Trachurus spp.

Kitefin shark

SCK

Dalatias licha

Krill

KRI

Euphausia superba

Leafscale gulper shark

GUQ

Centrophorus squamosus

Lemon sole

LEM

Microstomus kitt

Ling

LIN

Molva molva

Mackerel

MAC

Scomber scombrus

Megrims

LEZ

Lepidorhombus spp.

Northern prawn

PRA

Pandalus borealis

Norway lobster

NEP

Nephrops norvegicus

Norway pout

NOP

Trisopterus esmarkii

Norwegian skate

JAD

Raja (Dipturus) nidarosiensis

Orange roughy

ORY

Hoplostethus atlanticus

Patagonian toothfish

TOP

Dissostichus eleginoides

‘Penaeus’ shrimps

PEN

Penaeus spp.

Plaice

PLE

Pleuronectes platessa

Pollack

POL

Pollachius pollachius

Porbeagle

POR

Lamna nasus

Portuguese dogfish

CYO

Centroscymnus coelolepis

Redfish

RED

Sebastes spp.

Roundnose grenadier

RNG

Coryphaenoides rupestris

Saithe

POK

Pollachius virens

Sandeels

SAN

Ammodytes spp.

Sandy ray

RJI

Leucoraja circularis

Shagreen ray

RJF

Leucoraja fullonica

Shortfin squid

SQI

Illex illecebrosus

Skates and rays

SRX

Rajiformes

Small-eyed ray

RJE

Raja microocellata

Smooth lanternshark

ETP

Etmopterus pusillus

Snow crab

PCR

Chionoecetes spp.

Sole

SOO

Solea spp.

Southern bluefin tuna

SBF

Thunnus maccoyii

Spotted ray

RJM

Raja montagui

Sprat

SPR

Sprattus sprattus

Spurdog/dogfish

DGS

Squalus acanthias

Squid

SQS

Martialia hyadesi

Starry ray

RJR

Amblyraja radiata

Swordfish

SWO

Xiphias gladius

Thornback ray

RJC

Raja clavata

Tope shark

GAG

Galeorhinus galeus

Turbot

TUR

Psetta maxima

Tusk

USK

Brosme brosme

Undulate ray

RJU

Raja undulata

White hake

HKW

Urophycis tenuis

White marlin

WHM

Tetrapturus albidus

White skate

RJA

Rostroraja alba

Whiting

WHG

Merlangius merlangus

Witch flounder

WIT

Glyptocephalus cynoglossus

Yellowtail flounder

YEL

Limanda ferruginea

PART BKattegat, ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, EU waters of CECAF, French Guiana waters

SpeciesGreater silver smeltArgentina silus

ZoneEU and international waters of I and II(ARU/1/2.)

Germany

25

Analytical TAC

France

8

The Netherlands

20

United Kingdom

42

Union

95

TAC

95

SpeciesGreater silver smeltArgentina silus

ZoneEU waters of III and IV(ARU/34-C)

Denmark

959

Analytical TAC

Germany

10

France

7

Ireland

7

The Netherlands

45

Sweden

37

United Kingdom

17

Union

1 082

TAC

1 082

SpeciesGreater silver smeltArgentina silus

ZoneEU and international waters of V, VI and VII(ARU/567.)

Germany

329

Analytical TAC

France

7

Ireland

305

The Netherlands

3 434

United Kingdom

241

Union

4 316

TAC

4 316

SpeciesTuskBrosme brosme

ZoneIIIa; EU waters of Subdivisions 22-32(USK/3A/BCD)

Denmark

12

Analytical TAC

Sweden

6

Germany

6

Union

24

TAC

24

SpeciesBoarfishCaproidae

ZoneEU and international waters of VI, VII and VIII(BOR/678-)

Denmark

20 123

Precautionary TAC

Ireland

56 666

United Kingdom

5 211

Union

82 000

TAC

82 000

SpeciesHerringClupea harengus

ZoneVIIb, VIIc; VIaS17(HER/6AS7BC)

Ireland

3 861

Analytical TAC

The Netherlands

386

Union

4 247

TAC

4 247

Reference is to the herring stock in VIa south of 56° 00′ N and west of 07° 00′ W.

SpeciesHerringClupea harengus

ZoneVI Clyde18(HER/06ACL.)

United Kingdom

To be established19

Precautionary TAC

Union

To be established20

TAC

To be established20

Clyde stock: reference is to the herring stock in the maritime area situated to the north-east of a line drawn between the Mull of Kintyre and Corsewall Point.

Article 6 of this Regulation applies.

Fixed at the same quantity as determined in accordance with footnote 2.

SpeciesHerringClupea harengus

ZoneVIIa21(HER/07A/MM)

Ireland

1 237

Analytical TAC

United Kingdom

3 515

Union

4 752

TAC

4 752

This zone is reduced by the area bounded:

  • to the north by latitude 52° 30′ N,

  • to the south by latitude 52° 00′ N,

  • to the west by the coast of Ireland,

  • to the east by the coast of the United Kingdom.

SpeciesHerringClupea harengus

ZoneVIIe and VIIf(HER/7EF.)

France

490

Precautionary TAC

United Kingdom

490

Union

980

TAC

980

SpeciesHerringClupea harengus

ZoneVIIg22, VIIh22, VIIj22 and VIIk22(HER/7G-K.)

Germany

234

Analytical TAC

France

1 302

Ireland

18 236

The Netherlands

1 302

United Kingdom

26

Union

21 100

TAC

21 100

This zone is increased by the area bounded:

  • to the north by latitude 52° 30′ N,

  • to the south by latitude 52° 00′ N,

  • to the west by the coast of Ireland,

  • to the east by the coast of the United Kingdom.

SpeciesAnchovyEngraulis encrasicolus

ZoneIX and X; EU waters of CECAF 34.1.1(ANE/9/3411)

Spain

3 998

Analytical TAC

Portugal

4 362

Union

8 360

TAC

8 360

SpeciesCodGadus morhua

ZoneKattegat(COD/03AS.)

Denmark

8223

Analytical TAC

Germany

223

Sweden

4923

Union

13323

TAC

023

Exclusively for by-catches. No directed fisheries are permitted.

SpeciesCodGadus morhua

ZoneVIb; EU and international waters of Vb west of 12° 00′ W and of XII and XIV(COD/5W6-14)

Belgium

0

Precautionary TAC

Germany

1

France

12

Ireland

17

United Kingdom

48

Union

78

TAC

78

SpeciesCodGadus morhua

ZoneVIa; EU and international waters of Vb east of 12° 00′ W(COD/5BE6A)

Belgium

0

Analytical TAC

Germany

0

France

0

Ireland

0

United Kingdom

0

Union

0

TAC

024

By-catch of cod in the area covered by this TAC may be landed provided that it does not comprise more than 1,5 % of the live weight of the total catch retained on board per fishing trip.

SpeciesCodGadus morhua

ZoneVIIa(COD/07A.)

Belgium

5

Analytical TAC

France

14

Ireland

251

The Netherlands

1

United Kingdom

109

Union

380

TAC

380

SpeciesCodGadus morhua

ZoneVIIb, VIIc, VIIe-k, VIII, IX and X; EU waters of CECAF 34.1.1(COD/7XAD34)

Belgium

449

Analytical TAC

Article 11 of this Regulation applies.

France

7 357

Ireland

1 459

The Netherlands

1

United Kingdom

793

Union

10 059

TAC

10 059

SpeciesPorbeagleLamna nasus

ZoneFrench Guiana waters, Kattegat; EU waters of Skagerrak, I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV; EU waters of CECAF 34.1.1, 34.1.2 and 34.2(POR/3-1234)

Denmark

025

Analytical TAC

France

025

Germany

025

Ireland

025

Spain

025

United Kingdom

025

Union

025

TAC

025

When accidentally caught, this species shall not be harmed. Specimens shall be promptly released.

SpeciesMegrimsLepidorhombus spp.

ZoneEU waters of IIa and IV(LEZ/2AC4-C)

Belgium

6

Analytical TAC

Denmark

5

Germany

5

France

30

The Netherlands

24

United Kingdom

1 775

Union

1 845

TAC

1 845

SpeciesMegrimsLepidorhombus spp.

ZoneVI; EU and international waters of Vb; international waters of XII and XIV(LEZ/56-14)

Spain

385

Analytical TAC

France

1 501

Ireland

439

United Kingdom

1 062

Union

3 387

TAC

3 387

SpeciesMegrimsLepidorhombus spp.

ZoneVII(LEZ/07.)

Belgium

470

Analytical TAC

Article 11 of this Regulation applies.

Spain

5 216

France

6 329

Ireland

2 878

United Kingdom

2 492

Union

17 385

TAC

17 385

SpeciesMegrimsLepidorhombus spp.

ZoneVIIIa, VIIIb, VIIId and VIIIe(LEZ/8ABDE.)

Spain

950

Analytical TAC

France

766

Union

1 716

TAC

1 716

SpeciesMegrimsLepidorhombus spp.

ZoneVIIIc, IX and X; EU waters of CECAF 34.1.1(LEZ/8C3411)

Spain

1 121

Analytical TAC

France

56

Portugal

37

Union

1 214

TAC

1 214

SpeciesAnglerfishLophiidae

ZoneVI; EU and international waters of Vb; international waters of XII and XIV(ANF/56-14)

Belgium

186

Analytical TAC

Germany

213

Spain

199

France

2 293

Ireland

518

The Netherlands

179

United Kingdom

1 595

Union

5 183

TAC

5 183

SpeciesAnglerfishLophiidae

ZoneVII(ANF/07.)

Belgium

2 83526

Analytical TAC

Article 11 of this Regulation applies.

Germany

31626

Spain

1 12626

France

18 19126

Ireland

2 32526

The Netherlands

36726

United Kingdom

5 51726

Union

30 67726

TAC

30 67726

Special condition: of which up to 5 % may be fished in VIIIa, VIIIb, VIIId and VIIIe (ANF/*8ABDE).

SpeciesAnglerfishLophiidae

ZoneVIIIa, VIIIb, VIIId and VIIIe(ANF/8ABDE.)

Spain

1 252

Analytical TAC

France

6 968

Union

8 220

TAC

8 220

SpeciesAnglerfishLophiidae

ZoneVIIIc, IX and X; EU waters of CECAF 34.1.1(ANF/8C3411)

Spain

2 750

Analytical TAC

France

3

Portugal

547

Union

3 300

TAC

3 300

SpeciesHaddockMelanogrammus aeglefinus

ZoneEU and international waters of Vb and VIa(HAD/5BC6A.)

Belgium

7

Analytical TAC

Germany

8

France

332

Ireland

985

United Kingdom

4 683

Union

6 015

TAC

6 015

SpeciesHaddockMelanogrammus aeglefinus

ZoneVIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1(HAD/7X7A34)

Belgium

185

Analytical TAC

Article 11 of this Regulation applies.

France

11 096

Ireland

3 699

United Kingdom

1 665

Union

16 645

TAC

16 645

SpeciesHaddockMelanogrammus aeglefinus

ZoneVIIa(HAD/07A.)

Belgium

20

Analytical TAC

France

91

Ireland

542

United Kingdom

598

Union

1 251

TAC

1 251

SpeciesWhitingMerlangius merlangus

ZoneVI; EU and international waters of Vb; international waters of XII and XIV(WHG/56-14)

Germany

2

Analytical TAC

France

37

Ireland

92

United Kingdom

176

Union

307

TAC

307

SpeciesWhitingMerlangius merlangus

ZoneVIIa(WHG/07A.)

Belgium

0

Analytical TAC

France

3

Ireland

52

The Netherlands

0

United Kingdom

34

Union

89

TAC

89

SpeciesWhitingMerlangius merlangus

ZoneVIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh, VIIj and VIIk(WHG/7X7A-C)

Belgium

186

Analytical TAC

Article 11 of this Regulation applies.

France

11 431

Ireland

5 298

The Netherlands

93

United Kingdom

2 045

Union

19 053

TAC

19 053

SpeciesWhitingMerlangius merlangus

ZoneVIII(WHG/08.)

Spain

1 270

Precautionary TAC

France

1 905

Union

3 175

TAC

3 175

SpeciesWhitingMerlangius merlangus

ZoneIX and X; EU waters of CECAF 34.1.1(WHG/9/3411)

Portugal

To be established27

Precautionary TAC

Union

To be established28

TAC

To be established28

Article 6 of this Regulation applies.

Fixed at the same quantity as determined in accordance with footnote 1.

SpeciesHakeMerluccius merluccius

ZoneIIIa; EU waters of Subdivisions 22-32(HKE/3A/BCD)

Denmark

1 531

Analytical TAC

Sweden

130

Union

1 661

TAC

1 66129

Within an overall TAC of 55 105 tonnes for the northern stock of hake.

SpeciesHakeMerluccius merluccius

ZoneEU waters of IIa and IV(HKE/2AC4-C)

Belgium

28

Analytical TAC

Denmark

1 119

Germany

128

France

248

The Netherlands

64

United Kingdom

348

Union

1 935

TAC

1 93530

Within an overall TAC of 55 105 tonnes for the northern stock of hake.

SpeciesHakeMerluccius merluccius

ZoneVI and VII; EU and international waters of Vb; international waters of XII and XIV(HKE/571214)

Belgium

28431

Analytical TAC

Article 11 of this Regulation applies.

Spain

9 109

France

14 06731

Ireland

1 704

The Netherlands

18331

United Kingdom

5 55331

Union

30 900

TAC

30 90032

Transfers of this quota may be effected to EU waters of IIa and IV. However, such transfers must be notified in advance to the Commission.

Within an overall TAC of 55 105 tonnes for the northern stock of hake.

Special condition:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:

VIIIa, VIIIb, VIIId and VIIIe(HKE/*8ABDE)

Belgium

37

Spain

1 469

France

1 469

Ireland

184

The Netherlands

18

United Kingdom

827

Union

4 004

SpeciesHakeMerluccius merluccius

ZoneVIIIa, VIIIb, VIIId and VIIIe(HKE/8ABDE.)

Belgium

934

Analytical TAC

Spain

6 341

France

14 241

The Netherlands

1834

Union

20 609

TAC

20 60935

Transfers of this quota may be effected to IV and EU waters of IIa. However, such transfers must be notified in advance to the Commission.

Within an overall TAC of 55 105 tonnes for the northern stock of hake.

Special condition:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:

VI and VII; EU and international waters of Vb; international waters of XII and XIV(HKE/*57-14)

Belgium

2

Spain

1 837

France

3 305

The Netherlands

6

Union

5 150

SpeciesHakeMerluccius merluccius

ZoneVIIIc, IX and X; EU waters of CECAF 34.1.1(HKE/8C3411)

Spain

7 870

Analytical TAC

France

756

Portugal

3 673

Union

12 299

TAC

12 299

SpeciesBlue lingMolva dypterygia

ZoneInternational waters of XII(BLI/12INT-)

Estonia

237

Analytical TAC

Spain

77837

France

1937

Lithuania

737

United Kingdom

737

Others

237

Union

81537

TAC

81537

Exclusively for by-catches. No directed fisheries are permitted under this quota.

SpeciesLingMolva molva

ZoneIIIa; EU waters of IIIbcd(LIN/3A/BCD)

Belgium

738

Analytical TAC

Denmark

51

Germany

738

Sweden

20

United Kingdom

738

Union

92

TAC

92

Quota may be fished in EU waters of IIIa and EU waters of IIIbcd only.

SpeciesNorway lobsterNephrops norvegicus

ZoneEU waters of IIa and IV(NEP/2AC4-C)

Belgium

1 147

Analytical TAC

Denmark

1 147

Germany

17

France

34

The Netherlands

590

United Kingdom

18 994

Union

21 929

TAC

21 929

SpeciesNorway lobsterNephrops norvegicus

ZoneVI; EU and international waters of Vb(NEP/5BC6.)

Spain

29

Analytical TAC

France

114

Ireland

190

United Kingdom

13 758

Union

14 091

TAC

14 091

SpeciesNorway lobsterNephrops norvegicus

ZoneVII(NEP/07.)

Spain

1 30639

Analytical TAC

Article 11 of this Regulation applies.

France

5 29139

Ireland

8 02539

United Kingdom

7 13739

Union

21 75939

TAC

21 75939

Special condition: of which no more than the following quotas may be taken in VII (Porcupine Bank – Unit 16) (NEP/*07U16):

Spain

380

France

238

Ireland

457

United Kingdom

185

Union

1 260

SpeciesNorway lobsterNephrops norvegicus

ZoneVIIIa, VIIIb, VIIId and VIIIe(NEP/8ABDE.)

Spain

234

Analytical TAC

France

3 665

Union

3 899

TAC

3 899

SpeciesNorway lobsterNephrops norvegicus

ZoneVIIIc(NEP/08C.)

Spain

79

Analytical TAC

France

3

Union

82

TAC

82

SpeciesNorway lobsterNephrops norvegicus

ZoneIX and X; EU waters of CECAF 34.1.1(NEP/9/3411)

Spain

68

Analytical TAC

Portugal

205

Union

273

TAC

273

Species‘Penaeus’ shrimpsPenaeus spp.

ZoneFrench Guiana waters(PEN/FGU.)

France

To be established4041

Precautionary TAC

Union

To be established4142

TAC

To be established4142

Article 6 of this Regulation applies.

Fishing for shrimps Penaeus subtilis and Penaeus brasiliensis is prohibited in waters less than 30 metres deep.

Fixed at the same quantity as determined in accordance with footnote 1.

SpeciesPlaicePleuronectes platessa

ZoneVI; EU and international waters of Vb; international waters of XII and XIV(PLE/56-14)

France

10

Precautionary TAC

Ireland

275

United Kingdom

408

Union

693

TAC

693

SpeciesPlaicePleuronectes platessa

ZoneVIIa(PLE/07A.)

Belgium

42

Analytical TAC

France

18

Ireland

1 063

The Netherlands

13

United Kingdom

491

Union

1 627

TAC

1 627

SpeciesPlaicePleuronectes platessa

ZoneVIIb and VIIc(PLE/7BC.)

France

16

Precautionary TAC

Article 11 of this Regulation applies.

Ireland

62

Union

78

TAC

78

SpeciesPlaicePleuronectes platessa

ZoneVIId and VIIe(PLE/7DE.)

Belgium

828

Analytical TAC

France

2 761

United Kingdom

1 473

Union

5 062

TAC

5 062

SpeciesPlaicePleuronectes platessa

ZoneVIIf and VIIg(PLE/7FG.)

Belgium

46

Analytical TAC

France

83

Ireland

197

United Kingdom

43

Union

369

TAC

369

SpeciesPlaicePleuronectes platessa

ZoneVIIh, VIIj and VIIk(PLE/7HJK.)

Belgium

11

Analytical TAC

Article 11 of this Regulation applies.

France

22

Ireland

77

The Netherlands

44

United Kingdom

22

Union

176

TAC

176

SpeciesPlaicePleuronectes platessa

ZoneVIII, IX and X; EU waters of CECAF 34.1.1(PLE/8/3411)

Spain

66

Precautionary TAC

France

263

Portugal

66

Union

395

TAC

395

SpeciesPollackPollachius pollachius

ZoneVI; EU and international waters of Vb; international waters of XII and XIV(POL/56-14)

Spain

6

Precautionary TAC

France

190

Ireland

56

United Kingdom

145

Union

397

TAC

397

SpeciesPollackPollachius pollachius

ZoneVII(POL/07.)

Belgium

420

Precautionary TAC

Article 11 of this Regulation applies.

Spain

25

France

9 667

Ireland

1 030

United Kingdom

2 353

Union

13 495

TAC

13 495

SpeciesPollackPollachius pollachius

ZoneVIIIa, VIIIb, VIIId and VIIIe(POL/8ABDE.)

Spain

252

Precautionary TAC

France

1 230

Union

1 482

TAC

1 482

SpeciesPollackPollachius pollachius

ZoneVIIIc(POL/08C.)

Spain

208

Precautionary TAC

France

23

Union

231

TAC

231

SpeciesPollackPollachius pollachius

ZoneIX and X; EU waters of CECAF 34.1.1(POL/9/3411)

Spain

27343

Precautionary TAC

Portugal

943

Union

28243

TAC

282

Special condition: of which up to 5 % may be fished in EU waters of VIIIc (POL/*08C.).

SpeciesSaithePollachius virens

ZoneVII, VIII, IX and X; EU waters of CECAF 34.1.1(POK/7/3411)

Belgium

6

Precautionary TAC

Article 11 of this Regulation applies.

France

1 375

Ireland

1 516

United Kingdom

446

Union

3 343

TAC

3 343

SpeciesSkates and raysRajiformes

ZoneEU waters of IIa and IV(SRX/2AC4-C)

Belgium

235444546

Analytical TAC

Denmark

9444546

Germany

12444546

France

37444546

The Netherlands

200444546

United Kingdom

902444546

Union

1 3954446

TAC

1 39546

Catches of cuckoo ray (Leucoraja naevus) (RJN/2AC4-C), thornback ray (Raja clavata) (RJC/2AC4-C), blonde ray (Raja brachyura) (RJH/2AC4-C), spotted ray (Raja montagui) (RJM/2AC4-C) and starry ray (Amblyraja radiata) (RJR/2AC4-C) shall be reported separately.

By-catch quota. These species shall not comprise more than 25 % by live weight of the catch retained on board per fishing trip. This condition applies only to vessels over 15 metres’ length overall.

Does not apply to common skate (Dipturus batis). When accidentally caught, these species shall not be harmed. Specimens shall be promptly released. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species.

SpeciesSkates and raysRajiformes

ZoneEU waters of IIIa(SRX/03A-C.)

Denmark

454748

Analytical TAC

Sweden

134748

Union

584748

TAC

5848

Catches of cuckoo ray (Leucoraja naevus) (RJN/03A-C.), thornback ray (Raja clavata) (RJC/03A-C.), blonde ray (Raja brachyura) (RJH/03A-C.), spotted ray (Raja montagui) (RJM/03A-C.) and starry ray (Amblyraja radiata) (RJR/03A-C.) shall be reported separately.

Does not apply to common skate (Dipturus batis). When accidentally caught, this species shall not be harmed. Specimens shall be promptly released. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species.

SpeciesSkates and raysRajiformes

ZoneEU waters of VIa, VIb, VIIa-c and VIIe-k(SRX/67AKXD)

Belgium

895495051

Analytical TAC

Article 11 of this Regulation applies.

Estonia

5495051

France

4 018495051

Germany

12495051

Ireland

1 294495051

Lithuania

21495051

The Netherlands

4495051

Portugal

22495051

Spain

1 082495051

United Kingdom

2 562495051

Union

9 915495051

TAC

9 91550

Catches of cuckoo ray (Leucoraja naevus) (RJN/67AKXD), thornback ray (Raja clavata) (RJC/67AKXD), blonde ray (Raja brachyura) (RJH/67AKXD), spotted ray (Raja montagui) (RJM/67AKXD), small-eyed ray (Raja microocellata) (RJE/67AKXD), sandy ray (Leucoraja circularis) (RJI/67AKXD) and shagreen ray (Leucoraja fullonica) (RJF/67AKXD) shall be reported separately.

Does not apply to undulate ray (Raja undulata), common skate (Dipturus batis), Norwegian skate (Raja (Dipturus) nidarosiensis) and white skate (Rostroraja alba). When accidentally caught, these species shall not be harmed. Specimens shall be promptly released. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species.

Special condition: of which up to 5 % may be fished in EU waters of VIId (SRX/*07D.).

SpeciesSkates and raysRajiformes

ZoneEU waters of VIId(SRX/07D.)

Belgium

80525354

Analytical TAC

France

670525354

The Netherlands

4525354

United Kingdom

133525354

Union

887525354

TAC

88753

Catches of Cuckoo ray (Leucoraja naevus) (RJN/07D.), thornback ray (Raja clavata) (RJC/07D.), blonde ray (Raja brachyura) (RJH/07D.), spotted ray (Raja montagui) (RJM/07D.) and starry ray (Amblyraja radiata) (RJR/07D.) shall be reported separately.

Does not apply to common skate (Dipturus batis) and undulate ray (Raja undulata). When accidentally caught, these species shall not be harmed. Specimens shall be promptly released. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species.

Special condition: of which up to 5 % may be fished in EU waters of VIa, VIb, VIIa-c and VIIe-k (SRX/*67AKD).

SpeciesSkates and raysRajiformes

ZoneEU waters of VIII and IX(SRX/89-C.)

Belgium

95556

Analytical TAC

France

1 6015556

Portugal

1 2985556

Spain

1 3055556

United Kingdom

95556

Union

4 2225556

TAC

4 22256

Catches of cuckoo ray (Leucoraja naevus) (RJN/89-C.), thornback ray (Raja clavata) (RJC/89-C.) shall be reported separately.

Does not apply to undulate ray (Raja undulata), common skate (Dipturus batis) and white skate (Rostroraja alba). When accidentally caught, these species shall not be harmed. Specimens shall be promptly released. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species.

SpeciesCommon soleSolea solea

ZoneIIIa; EU waters of Subdivisions 22-32(SOL/3A/BCD)

Denmark

512

Analytical TAC

Germany

3057

The Netherlands

4957

Sweden

19

Union

610

TAC

61058

Quota may be fished in EU waters of IIIa, Subdivisions 22-32 only.

Special condition: of which no more than 461 tonnes may be fished in IIIa.

SpeciesCommon soleSolea solea

ZoneVI; EU and international waters of Vb; international waters of XII and XIV(SOL/56-14)

Ireland

48

Precautionary TAC

United Kingdom

12

Union

60

TAC

60

SpeciesCommon soleSolea solea

ZoneVIIa(SOL/07A.)

Belgium

131

Analytical TAC

France

2

Ireland

67

The Netherlands

41

United Kingdom

59

Union

300

TAC

300

SpeciesCommon soleSolea solea

ZoneVIIb and VIIc(SOL/7BC.)

France

7

Precautionary TAC

Article 11 of this Regulation applies.

Ireland

37

Union

44

TAC

44

SpeciesCommon soleSolea solea

ZoneVIId(SOL/07D.)

Belgium

1 502

Analytical TAC

France

3 005

United Kingdom

1 073

Union

5 580

TAC

5 580

SpeciesCommon soleSolea solea

ZoneVIIe(SOL/07E.)

Belgium

2759

Analytical TAC

France

29359

United Kingdom

45759

Union

777

TAC

777

In addition to this quota, a Member State may grant to vessels flying its flag participating in trials on fully documented fisheries additional allocation within an overall limit of 5 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.

SpeciesCommon soleSolea solea

ZoneVIIf and VIIg(SOL/7FG.)

Belgium

663

Analytical TAC

France

66

Ireland

33

United Kingdom

298

Union

1 060

TAC

1 060

SpeciesCommon soleSolea solea

ZoneVIIh, VIIj and VIIk(SOL/7HJK.)

Belgium

35

Analytical TAC

Article 11 of this Regulation applies.

France

71

Ireland

190

The Netherlands

56

United Kingdom

71

Union

423

TAC

423

SpeciesCommon soleSolea solea

ZoneVIIIa and VIIIb(SOL/8AB.)

Belgium

53

Analytical TAC

Spain

10

France

3 895

The Netherlands

292

Union

4 250

TAC

4 250

SpeciesSoleSolea spp.

ZoneVIIIc, VIIId, VIIIe, IX and X; EU waters of CECAF 34.1.1(SOO/8CDE34)

Spain

403

Precautionary TAC

Portugal

669

Union

1 072

TAC

1 072

SpeciesSpratSprattus sprattus

ZoneVIId and VIIe(SPR/7DE.)

Belgium

26

Precautionary TAC

Denmark

1 674

Germany

26

France

361

The Netherlands

361

United Kingdom

2 702

Union

5 150

TAC

5 150

SpeciesSpurdog/dogfishSqualus acanthias

ZoneEU waters of IIIa(DGS/03A-C.)

Denmark

0

Analytical TAC

Sweden

0

Union

0

TAC

0

SpeciesSpurdog/dogfishSqualus acanthias

ZoneEU waters of IIa and IV(DGS/2AC4-C)

Belgium

060

Analytical TAC

Denmark

060

Germany

060

France

060

The Netherlands

060

Sweden

060

United Kingdom

060

Union

060

TAC

060

Catches taken with longlines of tope shark (Galeorhinus galeus), kitefin shark (Dalatias licha), bird beak dogfish (Deania calcea), leafscale gulper shark (Centrophorus squamosus), greater lanternshark (Etmopterus princeps), smooth lanternshark (Etmopterus pusillus), Portuguese dogfish (Centroscymnus coelolepis) and spurdog (Squalus acanthias) are included. When accidentally caught, these species shall not be harmed. Specimens shall be promptly released.

SpeciesSpurdog/dogfishSqualus acanthias

ZoneEU and international waters of I, V, VI, VII, VIII, XII and XIV(DGS/15X14)

Belgium

061

Analytical TAC

Article 11 of this Regulation applies.

Germany

061

Spain

061

France

061

Ireland

061

The Netherlands

061

Portugal

061

United Kingdom

061

Union

061

TAC

061

Catches taken with longlines of tope shark (Galeorhinus galeus), kitefin shark (Dalatias licha), bird beak dogfish (Deania calcea), leafscale gulper shark (Centrophorus squamosus), greater lanternshark (Etmopterus princeps), smooth lanternshark (Etmopterus pusillus), Portuguese dogfish (Centroscymnus coelolepis) and spurdog (Squalus acanthias) are included. When accidentally caught, these species shall not be harmed. Specimens shall be promptly released.

SpeciesHorse mackerelTrachurus spp.

ZoneVIIIc(JAX/08C.)

Spain

22 4096264

Analytical TAC

France

38862

Portugal

2 2146264

Union

25 011

TAC

25 011

Of which, notwithstanding Article 19 of Regulation (EC) No 850/9863, no more than 5 % may consist of horse mackerel between 12 and 14 cm. For the purposes of the control of that quantity, the conversion factor to be applied to the weight of the landings shall be 1,20.

Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1).

Special condition: up to 5 % of this quota may be fished in IX. However, the use of this special condition must be notified in advance to the Commission (JAX/*09.).

SpeciesHorse mackerelTrachurus spp.

ZoneIX(JAX/09.)

Spain

7 9696566

Analytical TAC

Portugal

22 8316566

Union

30 800

TAC

30 800

Of which, notwithstanding Article 19 of Regulation (EC) No 850/98, no more than 5 % may consist of horse mackerel between 12 and 14 cm. For the purposes of the control of that quantity, the conversion factor to be applied to the weight of the landings shall be 1,20.

Special condition: up to 5 % of this quota may be fished in VIIIc. However, the use of this special condition must be notified in advance to the Commission (JAX/*08C).

SpeciesHorse mackerelTrachurus spp.

ZoneX; EU waters of CECAF67(JAX/X34PRT)

Portugal

To be established6869

Precautionary TAC

Union

To be established70

TAC

To be established70

Waters adjacent to the Azores.

Of which, notwithstanding Article 19 of Regulation (EC) No 850/98, no more than 5 % may consist of horse mackerel between 12 and 14 cm. For the purposes of the control of that quantity, the conversion factor to be applied to the weight of the landings shall be 1,20.

Article 6 of this Regulation applies.

Fixed at the same quantity as determined in accordance with footnote 3.

SpeciesHorse mackerelTrachurus spp.

ZoneEU waters of CECAF71(JAX/341PRT)

Portugal

To be established7273

Precautionary TAC

Union

To be established74

TAC

To be established74

Waters adjacent to Madeira.

Of which, notwithstanding Article 19 of Regulation (EC) No 850/98, no more than 5 % may consist of horse mackerel between 12 and 14 cm. For the purposes of the control of that quantity, the conversion factor to be applied to the weight of the landings shall be 1,20.

Article 6 of this Regulation applies.

Fixed at the same quantity as determined in accordance with footnote 3.

SpeciesHorse mackerelTrachurus spp.

ZoneEU waters of CECAF75(JAX/341SPN)

Spain

To be established76

Precautionary TAC

Union

To be established77

TAC

To be established77

Waters adjacent to the Canary Islands.

Article 6 of this Regulation applies.

Fixed at the same quantity as determined in accordance with footnote 2.

ANNEX IIAFISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF COD STOCKS IN THE KATTEGAT, ICES DIVISIONS VIa AND VIIa, AND EU WATERS OF ICES DIVISION Vb

1.Scope

1.1.

This Annex shall apply to EU vessels carrying on board or deploying any of the gears referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and present in any of the geographical areas specified in point 2 of this Annex.

1.2.

This Annex shall not apply to vessels of less than 10 metres' length overall. Those vessels shall not be required to carry fishing authorisations issued in accordance with Article 7 of Regulation (EC) No 1224/2009. Member States concerned shall assess the fishing effort of those vessels by effort groups to which they belong, using appropriate sampling methods. During 2012, the Commission shall seek scientific advice for evaluating the effort deployment of those vessels, with a view to their future inclusion into the effort regime.

2.Regulated gears and geographical areas

For the purposes of this Annex, the gear groupings referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and the groupings of geographical areas referred to in points 2(a), 2(c) and 2(d) of that Annex shall apply.

3.Authorisations

If a Member State deems so appropriate in order to reinforce the sustainable implementation of this effort regime, it shall not issue an authorisation for fishing with a regulated gear in any of the geographical areas to which this Annex applies by any of vessels flying its flag which has no record of such fishing activity, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in that area.

4.Maximum allowable fishing effort

4.1.

The maximum allowable effort referred to in Article 12(1) of Regulation (EC) No 1342/2008 for the 2012 management period, i.e. from 1 February 2012 to 31 January 2013, for each of the effort groups of each Member State is set out in Appendix 1 to this Annex.

4.2.

The maximum levels of annual fishing effort set in accordance with Regulation (EC) No 1954/200378 shall not affect the maximum allowable fishing effort set in this Annex.

5.Management

5.1.

Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 4 and Articles 13 to 17 of Regulation (EC) No 1342/2008 and Articles 26 to 35 of Regulation (EC) No 1224/2009.

5.2.

A Member State may establish management periods for allocating all or parts of the maximum allowable effort to individual vessels or groups of vessels. In such case, the number of days or hours for which a vessel may be present within the area during a management period shall be fixed at the discretion of the Member State concerned. During any such management periods, the Member State concerned may reallocate effort between individual vessels or groups of vessels.

5.3.

If a Member State authorises vessels flying its flag to be present within an area by hours, it shall continue measuring the consumption of days in accordance with the conditions referred to in point 5.1. Upon request by the Commission, the Member State concerned shall demonstrate its precautionary measures taken to avoid an excessive consumption of effort within the area due to a vessel terminating presences in the area before the end of a 24-hour period.

6.Fishing effort report

Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood, for the purpose of cod management, as each of the groupings of geographical areas referred to in point 2 of this Annex.

7.Communication of relevant data

Member States shall transmit to the Commission the data on fishing effort deployed by their fishing vessels in accordance with Articles 33 and 34 of Regulation (EC) No 1224/2009. These data shall be transmitted via the Fisheries Data Exchange System or any future data collection system implemented by the Commission.

Appendix 1 to Annex IIA
Maximum allowable fishing effort in kilowatt days

Geographical area:

Regulated gear

DK

DE

SE

(a)

Kattegat

TR1

197 929

4 212

16 610

TR2

830 041

5 240

327 506

TR3

441 872

0

490

BT1

0

0

0

BT2

0

0

0

GN

115 456

26 534

13 102

GT

22 645

0

22 060

LL

1 100

0

25 339

Geographical area

Regulated gear

BE

FR

IE

NL

UK

(c)

ICES division VIIa

TR1

0

48 193

33 539

0

339 592

TR2

10 166

744

475 649

0

1 088 238

TR3

0

0

1 422

0

0

BT1

0

0

0

0

0

BT2

843 782

0

514 584

200 000

111 693

GN

0

471

18 255

0

5 970

GT

0

0

0

0

158

LL

0

0

0

0

70 614

Geographical area

Regulated gear

BE

DE

ES

FR

IE

UK

(d)

ICES division VIa and EU waters of ICES division Vb

TR1

0

9 320

0

1 324 002

428 820

1 033 273

TR2

0

0

0

34 926

14 371

2 972 845

TR3

0

0

0

0

273

16 027

BT1

0

0

0

0

0

117 544

BT2

0

0

0

0

3 801

4 626

GN

0

35 442

13 836

302 917

5 697

213 454

GT

0

0

0

0

1 953

145

LL

0

0

1 402 142

225 861

4 250

630 040

ANNEX IIBFISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN SOUTHERN HAKE AND NORWAY LOBSTER STOCKS IN ICES DIVISIONS VIIIc AND IXa EXCLUDING THE GULF OF CÁDIZ

CHAPTER IGENERAL PROVISIONS

1.Scope

This Annex shall apply to EU vessels of 10 metres' length overall or more carrying on board or deploying trawls, Danish seines or similar gears of mesh size equal to or larger than 32 mm and gill-nets of mesh size equal to or larger than 60 mm or bottom longlines in accordance with Regulation (EC) No 2166/2005, and present in ICES divisions VIIIc and IXa excluding the Gulf of Cádiz.

2.Definitions

For the purposes of this Annex:

  1. (a)

    ‘gear grouping’ means the grouping of trawls, Danish seines or similar gears of mesh size equal to or larger than 32 mm and gill-nets of mesh size equal to or larger than 60 mm and bottom longlines;

  2. (b)

    ‘regulated gear’ means any of the two gear categories belonging to the gear grouping;

  3. (c)

    ‘area’ means ICES divisions VIIIc and IXa excluding the Gulf of Cádiz;

  4. (d)

    ‘2012 management period’ means the period from 1 February 2012 to 31 January 2013;

  5. (e)

    ‘special conditions’ means the special conditions set out in point 6.1.

3.Limitation in activity

Without prejudice to Article 29 of Regulation (EC) No 1224/2009, each Member State shall ensure that, when carrying on board any regulated gear, EU vessels flying its flag shall be present within the area for no more than the number of days specified in Chapter III of this Annex.

CHAPTER IIAUTHORISATIONS

4.Authorised vessels

4.1.

A Member State shall not authorise fishing with a regulated gear in the area by any of vessels flying its flag which have no record of such fishing activity in the years 2002 to 2011 in the area, excluding the record of fishing activities as a result of transfer of days between fishing vessels, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the area.

4.2.

A vessel flying the flag of a Member State having no quotas in the area shall not be authorised to fish in the area with a regulated gear, unless the vessel is allocated a quota after a transfer as permitted in accordance with Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea in accordance with point 11 or 12 of this Annex.

CHAPTER IIINUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO EU VESSELS

5.Maximum number of days

5.1.

During the 2012 management period, the maximum number of days at sea for which a Member State may authorise a vessel flying its flag to be present within the area having carried on board any regulated gear is shown in Table I.

5.2.

If a vessel is able to demonstrate that its hake catches represent less than 4 % of the total live weight of fish caught in a given fishing trip, the flag Member State of the vessel shall be allowed not to count the days at sea associated with that fishing trip against the applicable maximum number of days at sea as set out in Table I.

6.Special conditions for the allocation of days

6.1.For the purposes of fixing the maximum number of days at sea an EU vessel may be authorised by its flag Member State to be present within the area, the following special conditions shall apply in accordance with Table I:

  1. (a)

    the total landings of hake in the year 2009 or 2010 made by the vessel concerned must represent less than 5 tonnes according to the landings in live weight; and

  2. (b)

    the total landings of Norway lobster in the year 2009 or 2010 made by the vessel concerned must represent less than 2,5 tonnes according to the landings in live weight.

6.2.

If a vessel benefits from an unlimited number of days as a result of its compliance with the special conditions, the vessel's landings in the 2012 management period shall not exceed 5 tonnes of the total landings in live weight of hake and 2,5 tonnes of the total landings in live weight of Norway lobster.

6.3.

When either of the special conditions is not met by a vessel, that vessel shall, with immediate effect, no longer be entitled to the allocation of days corresponding to the given special condition.

6.4.The application of the special conditions referred to in point 6.1 may be transferred from one vessel to one or more other vessels which replace that vessel in the fleet, provided that the replacing vessel uses similar gear and does not have in any year of its operation a record of landings of hake and Norway lobster higher than the quantities specified in point 6.1.

Table I

Maximum number of days a vessel may be present within the area by fishing gear per year

Special condition

Regulated gear

Maximum number of days

Bottom trawls, Danish seines and similar trawls of mesh size ≥ 32 mm, gill-nets of mesh size ≥ 60 mm and bottom longlines

ES

150

FR

149

PT

155

6.1.(a) and 6.1.(b)

Bottom trawls, Danish seines and similar trawls of mesh size ≥ 32 mm, gill-nets of mesh size ≥ 60 mm and bottom longlines

Unlimited

7.Kilowatt day system

7.1.

A Member State may manage its fishing effort allocations in accordance with a kilowatt days system. Through that system it may authorise any vessel concerned by any regulated gear and special conditions as set out in Table I to be present within the area for a maximum number of days which is different from that set out in that Table, provided that the overall amount of kilowatt days corresponding to the regulated gear and to the special conditions is respected.

7.2.

This overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of that Member State and qualified for the regulated gear and, where applicable, the special conditions. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if point 7.1 were not applied. For as long as the number of days is unlimited according to Table I, the relevant number of days the vessel would benefit from is 360.

7.3.A Member State wishing to benefit from the system referred to in point 7.1 shall submit a request to the Commission, with reports in electronic format containing, for the gear grouping and special conditions as laid down in Table I, the details of the calculation based on:

  1. (a)

    list of vessels authorised to fish by indicating their EU fishing fleet register number (CFR) and their engine power;

  2. (b)

    track record of 2009 and 2010 for such vessels reflecting the catch composition defined in the special condition referred to in point 6.1(a) or (b), if these vessels are qualified for such special conditions;

  3. (c)

    the number of days at sea for which each vessel would have initially been authorised to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 7.1.

7.4.

On the basis of that request, the Commission shall assess whether the conditions referred to in point 7 are complied with and, where applicable, may authorise that Member State to benefit from the system referred to in point 7.1.

8.Allocation of additional days for permanent cessation of fishing activities

8.1.

An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present within the area when carrying on board any regulated gear may be allocated to a Member State by the Commission on the basis of permanent cessations of fishing activities that have taken place between 1 February 2011 and 31 January 2012 either in accordance with Article 23 of Regulation (EC) No 1198/200679 or Regulation (EC) No 744/200880. Permanent cessations resulting from any other circumstances may be considered by the Commission on a case-by-case basis, following a written and duly motivated request from the Member State concerned. Such written request shall identify the vessels concerned and confirm, for each of them, that they shall never return to fishing activities.

8.2.

The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using a given gear grouping shall be divided by the effort expended by all vessels using that gear grouping during 2003. The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from that calculation shall be rounded to the nearest whole day.

8.3.

Points 8.1 and 8.2 shall not apply where a vessel has been replaced in accordance with point 3 or 6.4, or when the withdrawal has already been used in previous years to obtain additional days at sea.

8.4.A Member State wishing to benefit from the allocations referred to in point 8.1 shall submit a request to the Commission, by 15 June 2012, with reports in electronic format containing, for the gear grouping and special conditions as laid down in Table I, the details of the calculation based on:

  1. (a)

    lists of withdrawn vessels with their EU fishing fleet register number (CFR) and their engine power;

  2. (b)

    the fishing activity deployed by such vessels in 2003 calculated in days at sea according to the grouping of fishing gears and, if necessary, special conditions.

8.5.

On the basis of such a request by a Member State the Commission may, by means of implementing acts, allocate that Member State a number of days additional to that referred to in point 5.1 for that Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).

8.6.

During the 2012 management period, a Member State may re-allocate those additional days at sea to all or part of the vessels remaining in fleet and qualified for the regulated gears. Additional days stemming from a withdrawn vessel that benefited from a special condition referred to in point 6.1(a) or (b) may not be allocated to a vessel remaining active that does not benefit from a special condition.

8.7.

When the Commission allocates additional days at sea due to a permanent cessation of fishing activities during the 2012 management period, the maximum number of days per Member State and gear shown in Table I shall be adjusted accordingly for the 2013 management period.

9.Allocation of additional days for enhanced scientific observer coverage

9.1.

Three additional days on which a vessel may be present within the area when carrying on board any regulated gear may be allocated to a Member State by the Commission on the basis of an enhanced programme of scientific observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition and go beyond the requirements on data collection, as laid down in Regulation (EC) No 199/200881 and its implementing rules for national programmes.

9.2.

Scientific observers shall be independent from the owner, the master of the vessel and any crew member.

9.3.

A Member State wishing to benefit from the allocations referred to in point 9.1 shall submit a description of its enhanced scientific observer coverage programme to the Commission for approval.

9.4.

On the basis of that description, and after consultation with STECF, the Commission may, by means of implementing acts, allocate the Member State concerned a number of days additional to that referred to in point 5.1 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of scientific observers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).

9.5.

If an enhanced scientific observer coverage programme submitted by a Member State has been approved by the Commission in the past and the Member State concerned wishes to continue its application without changes, it shall inform the Commission of the continuation of that programme 4 weeks before the beginning of the period for which the programme applies.

CHAPTER IVMANAGEMENT

10.General obligation

Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 8 of Regulation (EC) No 2166/2005 and Articles 26 to 35 of Regulation (EC) No 1224/2009.

11.Management periods

11.1.

A Member State may divide the days present within the area set out in Table I into management periods of durations of 1 or more calendar months.

11.2.

The number of days or hours for which a vessel may be present within the area during a management period shall be fixed by the Member State concerned.

11.3.

Where a Member State authorises vessels flying its flag to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 10. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences in the area before the end of a 24-hour period.

CHAPTER VEXCHANGES OF FISHING EFFORT ALLOCATIONS

12.Transfer of days between fishing vessels flying the flag of a Member State

12.1.

A Member State may permit any fishing vessel flying its flag to transfer days present within the area for which it has been authorised to another vessel flying its flag within the area, provided that the product of the days received by a vessel multiplied by its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the EU fishing fleet register.

12.2.

The total number of days present within the area transferred in accordance with point 12.1, multiplied by the engine power in kilowatts of the donor vessel, shall not be higher than the donor vessel's average annual days track record in the area as verified by the fishing logbook in the years 2009 and 2010 multiplied by the engine power in kilowatts of that vessel.

12.3.

The transfer of days as described in point 12.1 shall be permitted between vessels operating with any regulated gear and during the same management period.

12.4.

Transfer of days is only permitted for vessels benefiting from an allocation of fishing days without special conditions.

12.5.

On request from the Commission, Member States shall provide information on the transfers that have taken place. Formats of spreadsheet for the collection and transmission of information referred to in this point may be established by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).

13.Transfer of days between fishing vessels flying the flag of different Member States

Member States may permit transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided that points 4.1 and 4.2 and 12 apply mutatis mutandis. Where Member States decide to authorise such a transfer, they shall notify the Commission, before the transfer takes place, of the details of the transfer, including the number of days, the fishing effort and, where applicable, the fishing quotas relating thereto.

CHAPTER VIREPORTING OBLIGATIONS

14.Fishing effort report

Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood as the area specified in point 2 of this Annex.

15.Collection of relevant data

Member States, on the basis of information used for the management of fishing days present within the area as set out in this Annex, shall collect on a quarterly basis the information about total fishing effort deployed within the area for towed gears and static gears, effort deployed by vessels using different types of gear in the area, and the engine power of those vessels in kilowatt days.

16.Communication of relevant data

Upon request from the Commission, Member States shall make available to the Commission a spreadsheet with data specified in point 15 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission. Member States shall, upon the Commission's request, send to the Commission detailed information on effort allocated and consumed covering all or parts of the 2011 and 2012 management periods, using the data format specified in Tables IV and V.

Table IIReporting format kW-day information by year

Member State

Gear

Year

Cumulative effort declaration

(1)

(2)

(3)

(4)

Table IIIData format kW-day information by year

Name of field

Maximum number of characters/digits

Alignment82L(eft)/R(ight)

Definition and comments

(1)

Member State

3

Member State (Alpha-3 ISO code) in which the vessel is registered

(2)

Gear

2

One of the following gear types:

TR

trawls, Danish seines and similar gear ≥ 32 mm

GN

gillnets ≥ 60 mm

LL

bottom longlines

(3)

Year

4

Either 2006 or 2007 or 2008 or 2009 or 2010 or 2011 or 2012

(4)

Cumulative effort declaration

7

R

Cumulative amount of fishing effort expressed in kilowatt days deployed from 1 January until 31 December of the year

Information relevant for transmission of data by fixed-length formatting.

Table IVReporting format for vessel-related information

Member State

CFR

External marking

Length of management period

Gear notified

Special condition applying to notified gear(s)

Days eligible using notified gear(s)

Days spent with notified gear(s)

Transfer of days

No 1

No 2

No 3

No 1

No 2

No 3

No 1

No 2

No 3

No 1

No 2

No 3

(1)

(2)

(3)

(4)

(5)

(5)

(5)

(5)

(6)

(6)

(6)

(6)

(7)

(7)

(7)

(7)

(8)

(8)

(8)

(8)

(9)

Table VData format for vessel-related information

Name of field

Maximum number of characters/digits

Alignment83L(eft)/R(ight)

Definition and comments

(1)

Member State

3

Member State (Alpha-3 ISO code) in which vessel is registered

(2)

CFR

12

EU fishing fleet register number (CFR)

Unique identification number of a fishing vessel

Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters, additional zeros must be inserted on the left hand side

(3)

External marking

14

L

Under Regulation (EEC) No 1381/8784

(4)

Length of management period

2

L

Length of the management period measured in months

(5)

Gears notified

2

L

One of the following gear types:

TR

trawls, Danish seines and similar gear ≥ 32 mm

GN

gillnets ≥ 60 mm

LL

bottom longlines

(6)

Special condition applying to notified gear(s)

2

L

Indication of which, if any, of the special condition referred to in point 6.1(a) or (b) of Annex IIB that apply

(7)

Days eligible using notified gear(s)

3

L

Number of days for which the vessel is eligible under Annex IIB for the choice of gears and length of management period notified

(8)

Days spent with notified gear(s)

3

L

Number of days the vessel actually spent present within the area and using a gear corresponding to gear notified during the notified management period

(9)

Transfers of days

4

L

For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’

Information relevant for transmission of data by fixed-length formatting.

Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (OJ L 132, 21.5.1987, p. 9).

ANNEX IICFISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF WESTERN CHANNEL SOLE STOCKS IN ICES DIVISION VIIe

CHAPTER IGENERAL PROVISIONS

1.Scope

1.1.

This Annex shall apply to EU vessels of 10 metres length overall or more carrying on board or deploying any of the gears specified in point 2 of this Annex in accordance with Regulation (EC) No 509/2007, and present in ICES division VIIe. For the purposes of this Annex, a reference to the 2012 management period means the period from 1 February 2012 to 31 January 2013.

1.2.Vessels fishing with static nets with mesh size equal to or larger than 120 mm and with track records of less than 300 kg live weight of sole according to the fishing logbook in 2004 shall be exempt from the application of this Annex provided that:

  1. (a)

    such vessels catch less than 300 kg live weight of sole during the 2012 management period;

  2. (b)

    such vessels do not tranship any fish at sea to another vessel; and

  3. (c)

    by 31 July 2012 and 31 January 2013 each Member State concerned make a report to the Commission on these vessels’ track records for sole in 2004 and catches of sole in 2012.

When either of these conditions is not met, the vessels concerned shall, with immediate effect, cease to be exempt from the application of this Annex.

2.Fishing gear

For the purposes of this Annex, the following groupings of fishing gears shall apply:

  1. (a)

    beam trawls of mesh size equal to or greater than 80 mm;

  2. (b)

    static nets including gill-nets, trammel-nets and tangle-nets with mesh size equal to or less than 220 mm.

3.Limitations in activity

Each Member State shall ensure that, when carrying on board any of the groupings of fishing gears specified in point 2, fishing vessels flying its flag and registered in the Union shall be present within the area for no more than the number of days set out in Chapter III.

CHAPTER IIAUTHORISATIONS

4.Authorised vessels

4.1.

Vessels using gear types specified in point 2 of this Annex and fishing in the area specified in point 1.1 of this Annex shall hold fishing authorisations issued in accordance with Article 7 of Regulation (EC) No 1224/2009.

4.2.

A Member State shall not authorise fishing with a gear belonging to a grouping of fishing gears specified in point 2 in the area by any of vessels flying its flag which have no record of such fishing activity in the years 2002 to 2011 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.

4.3.

However, a vessel with a track record of using a gear belonging to a grouping of fishing gears specified in point 2 may be authorised to use a different fishing gear, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

4.4.

A vessel flying the flag of a Member State having no quotas in the area shall not be authorised to fish in that area with a gear belonging to a grouping of fishing gear specified in point 2, unless the vessel is allocated a quota after a transfer as permitted in accordance with the Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea in accordance with point 10 or 11 of this Annex.

CHAPTER IIINUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO EU VESSELS

5.Maximum number of days

During the 2012 management period, the maximum number of days at sea for which a Member State may authorise a vessel flying its flag to be present within the area having carried on board and used any one of the fishing gears specified in point 2 is shown in Table I.

Table IMaximum number of days a vessel may be present within the area by gear grouping per year

Gears point 2

Denomination(only the gears as specified in point 2 are used)

Western Channel

2(a)

Beam trawls of mesh size ≥ 80 mm

164

2(b)

Static nets with mesh size ≤ 220 mm

164

6.Kilowatt day system

6.1.

During the 2012 management period, a Member State may manage its fishing effort allocation according to a kilowatt days system. Through that system it may authorise any vessel concerned to be present within the area for a maximum number of days which is different from that set out in Table I for any one of the groupings of fishing gears laid down in that Table, provided that the overall amount of kilowatt days corresponding to such a grouping is respected.

6.2.

For a specific grouping of fishing gears, the overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of the Member State concerned and qualified for that specific grouping. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if point 6.1 were not applied.

6.3.A Member State wishing to benefit from the system referred to in point 6.1 shall submit a request to the Commission, with reports in electronic format containing, for each grouping of fishing gears, the details of the calculation based on:

  1. (a)

    list of vessels authorised to fish by indicating their EU fishing fleet register number (CFR) and their engine power;

  2. (b)

    the number of days at sea for which each vessel would have initially been authorised to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 6.1.

6.4.

On the basis of that request, the Commission shall assess whether the conditions referred to in point 6 are complied with and, where applicable, may authorise that Member State to benefit from the system referred to in point 6.1.

7.Allocation of additional days for permanent cessations of fishing activities

7.1.

An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present within the area when carrying on board any of the gears specified in point 2 may be allocated to a Member State by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2004 either in accordance with Article 23 of Regulation (EC) No 1198/2006 or Regulation (EC) No 744/2008. Permanent cessations resulting from any other circumstances may be considered by the Commission on a case-by-case basis, following a written and duly motivated request from the Member State concerned. Such written request shall identify the vessels concerned and confirm, for each of them, that they shall never return to fishing activities.

7.2.

The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using a given gear grouping shall be divided by the effort expended by all vessels using that gear grouping during 2003. The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from that calculation shall be rounded to the nearest whole day.

7.3.

Points 7.1 and 7.2 shall not apply where a vessel has been replaced in accordance with point 4.2 or when the withdrawal has already been used in previous years to obtain additional days at sea.

7.4.A Member State wishing to benefit from the allocations referred to in point 7.1 shall submit a request to the Commission, by 15 June 2012, with reports in electronic format containing for each grouping of fishing gears the details of the calculation based on:

  1. (a)

    lists of withdrawn vessels with their EU fishing fleet register number (CFR) and their engine power;

  2. (b)

    the fishing activity deployed by such vessels in 2003 calculated in days at sea by grouping of fishing gears concerned.

7.5.

On the basis of such a request by a Member State the Commission shall, by means of implementing acts, allocate that Member State a number of days additional to that referred to in point 5 for that Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).

7.6.

During the 2012 management period, a Member State may re-allocate those additional numbers of days at sea to all or parts of the vessels remaining in fleet and qualified for the relevant grouping of fishing gears.

7.7.

A Member State may not re-allocate in the 2012 management period any additional number of days resulting from a permanent cessation of activity previously allocated by the Commission, unless the Commission has taken a decision that reassesses those additional numbers of days on the basis of the current gear groupings and limitations in days at sea. Upon the Member State's request to reassess the number of days, the Member State is provisionally authorised to reallocate 50 % of the additional number of days, until the Commission takes its decision.

8.Allocation of additional days for enhanced scientific observer coverage

8.1.

Three additional days on which a vessel may be present within the area when carrying on board any of the groupings of fishing gear specified in point 2 may be allocated between 1 February 2012 and 31 January 2013 to Member States by the Commission on the basis of an enhanced programme of scientific observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition and go beyond the requirements on data collection, as laid down in Regulation (EC) No 199/2008 and Regulation (EC) No 665/200885 for national programmes.

8.2.

Observers shall be independent from the owner, the master of the fishing vessel and any crew member.

8.3.

A Member State wishing to benefit from the allocations referred to in point 8.1 shall submit a description of its enhanced scientific observer coverage programme to the Commission for approval.

8.4.

On the basis of that description, and after consultation with STECF, the Commission may, by means of implementing acts, allocate that Member State a number of days additional to that referred to in point 5 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of observers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).

8.5.

If an enhanced scientific observer coverage programme submitted by a Member State has been approved by the Commission in the past and the Member State concerned wishes to continue its application without changes, it shall inform the Commission of the continuation of that programme 4 weeks before the beginning of the period for which the programme applies.

CHAPTER IVMANAGEMENT

9.General obligation

Member States shall manage the maximum allowable effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.

10.Management periods

10.1.

A Member State may divide the days present within the area set out in Table I into management periods of durations of 1 or more calendar months.

10.2.

The number of days or hours for which a vessel may be present within the area during a management period shall be fixed at the discretion of the Member State concerned.

10.3.

Where a Member State authorises vessels to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 3. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences in the area that do not coincide with the end of a 24-hour period.

CHAPTER VEXCHANGES OF FISHING EFFORT ALLOCATIONS

11.Transfer of days between fishing vessels flying the flag of a Member State

11.1.

A Member State may permit any fishing vessels flying its flag to transfer days present within the area for which it has been authorised to another vessels flying its flag within the area, provided that the product of the days received by a vessel and its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the EU fishing fleet register.

11.2.

The total number of days present within the area transferred in accordance with point 11.1, multiplied by the engine power in kilowatts of the donor vessel, shall not be higher than the donor vessel's average annual days track record in the area as verified by the fishing logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts of that vessel.

11.3.

The transfer of days as described in point 11.1 shall be permitted only between vessels operating within the same gear grouping specified in point 2 and during the same management period.

11.4.

On request from the Commission, Member States shall provide information on the transfers that have taken place. Formats of spreadsheet for the collection and transmission of information referred to in this point may be established by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).

12.Transfer of days between fishing vessels flying the flag of different Member States

Member States may permit transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided that points 4.2, 4.4, 5, 6 and 10 apply mutatis mutandis. Where Member States decide to authorise such a transfer, as a preliminary they shall notify the Commission before the transfer takes place, the details of the transfer, including the number of days transferred, the fishing effort and, where applicable, the fishing quotas relating thereto, as agreed between them.

CHAPTER VIREPORTING OBLIGATIONS

13.Fishing effort report

Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood as the ICES division VIIe.

14.Collection of relevant data

Member States, on the basis of information used for the management of fishing days present within the area as set out in this Annex, shall collect on a quarterly basis the information about total fishing effort deployed within the area for towed gears and static gears and effort deployed by vessels using different types of gear in the area.

15.Communication of relevant data

Upon request from the Commission, Member States shall make available to the Commission a spreadsheet with data specified in point 14 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission. Member States shall, upon the Commission's request, send to the Commission detailed information on effort allocated and consumed covering all or parts of the 2011 and 2012 management periods, using the data format specified in Tables IV and V.

Table IIReporting format kW-day information by year

Member State

Gear

Year

Cumulative effort declaration

(1)

(2)

(3)

(4)

Table IIIData format kW-day information by year

Name of field

Maximum number of characters/digits

Alignment86L(eft)/R(ight)

Definition and comments

(1)

Member State

3

Member State (Alpha-3 ISO code) in which the vessel is registered

(2)

Gear

2

One of the following gear types:

BT

beam trawls ≥ 80 mm

GN

gillnet < 220 mm

TN

trammel net or entangling net < 220 mm

(3)

Year

4

Either 2006 or 2007 or 2008 or 2009 or 2010 or 2011 or 2012

(4)

Cumulative effort declaration

7

R

Cumulative amount of fishing effort expressed in kilowatt days deployed from 1 January until 31 December of the year

Information relevant for transmission of data by fixed-length formatting.

Table IVReporting format for vessel-related information

Member State

CFR

External marking

Length of management period

Gear notified

Days eligible using notified gear(s)

Days spent with notified gear(s)

Transfer of days

No 1

No 2

No 3

No 1

No 2

No 3

No 1

No 2

No 3

(1)

(2)

(3)

(4)

(5)

(5)

(5)

(5)

(6)

(6)

(6)

(6)

(7)

(7)

(7)

(7)

(8)

Table VData format for vessel-related information

Name of field

Maximum number of characters/digits

Alignment87L(eft)/R(ight)

Definition and comments

(1)

Member State

3

Member State (Alpha-3 ISO code) in which vessel is registered

(2)

CFR

12

EU fishing fleet register number (CFR)

Unique identification number of a fishing vessel

Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters, additional zeros must be inserted on the left hand side

(3)

External marking

14

L

Under Regulation (EEC) No 1381/87

(4)

Length of management period

2

L

Length of the management period measured in months

(5)

Gears notified

2

L

One of the following gear types:

BT

beam trawls ≥ 80 mm

GN

gillnet < 220 mm

TN

trammel net or entangling net < 220 mm

(6)

Special condition applying to notified gear(s)

3

L

Number of days for which the vessel is eligible under Annex IIC for the choice of gears and length of management period notified

(8)

Days spent with notified gear(s)

3

L

Number of days the vessel actually spent present within the area and using a gear corresponding to gear notified during the notified management period

(9)

Transfers of days

4

L

For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’

Information relevant for transmission of data by fixed-length formatting.