Council Regulation (EU) No 297/2013Show full title

Council Regulation (EU) No 297/2013

of 27 March 2013

amending Regulations (EU) No 44/2012, (EU) No 39/2013 and (EU) No 40/2013 as regards certain fishing opportunities

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) Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy(1) requires that Union measures governing access to waters and resources and the sustainable pursuit of fishing activities be established taking into account available scientific, technical and economical 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.

(2) It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, 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 No (EC) 2371/2002.

(3) By Regulation (EU) No 44/2012(2), the Council fixed fishing opportunities for certain fish stocks and groups of fish stocks in EU waters, and for EU vessels in certain non-EU waters for 2012. By Regulations (EU) No 39/2013(3) and (EU) No 40/2013(4), the Council fixed fishing opportunities for certain fish stocks and groups of fish stocks in EU waters, and for EU vessels in certain non-EU waters for 2013.

(4) In Regulation (EU) No 39/2013, it is appropriate to clarify the special condition for the fixing of fishing opportunities for horse mackerel in areas VIIIc and IX.

(5) Additional fishing opportunities for Greenland halibut in NAFO 3LMNO became available for the Union in 2012 as a result of quota transfers between the Union and other Contracting Parties to the Northwest Atlantic Fisheries Organisation (NAFO). Consequently, for the year 2012, Annex IC to Regulation (EU) No 44/2012 should be amended with effect from 1 January 2012 so as to reflect those new fishing opportunities. These modifications concern the year 2012 only and are without prejudice to the principle of relative stability.

(6) Fishing opportunities for EU and Norwegian vessels, and the conditions of access to fishery resources in each other's waters are established each year in the light of consultations on fishing rights held in accordance with the bilateral agreement on fisheries with Norway(5). Pending the conclusion of those consultations on the arrangements for 2013, Regulation (EU) No 40/2013 fixed provisional fishing opportunities for the stocks concerned. On 18 January 2013, the consultations with Norway were concluded. It is appropriate that the relevant provisions of Regulation (EU) No 40/2013 be amended accordingly.

(7) Catch limits for sandeel in the International Council for the Exploration of the Sea (ICES) zone IIIa and in EU waters of ICES zones IIa and IV are provisionally laid down in Annex IA to Regulation (EU) No 40/2013. In February 2013, ICES published scientific advice for the stock of sandeel in EU waters of ICES divisions IIa and IIIa and ICES subarea IV. In accordance with that advice, the catch limits for management areas 1 and 2 should be fixed at 224 544 tonnes and 17 544 tonnes respectively. For management area 3, ICES advices a total catch limit of 78 331 tonnes. Since management area 3 covers both EU and Norwegian catches, the Union limit in this area should be set at no more than 40 000 tonnes. For management areas 4 and 6, catch and survey data were insufficient for ICES to conduct an age-based assessment. Consequently, in line with the approach adopted for other stocks in similar circumstances, it is appropriate to set catch limits in management areas 4 and 6 of 4 000 tonnes 336 tonnes respectively, which amounts to reductions of 20 % compared with the 2012 catch limits in those areas. In accordance with ICES advice, it is appropriate to fix catch limits of zero for management areas 5 and 7. Given that sandeel is a stock that is shared with Norway and given the availability of sandeel in EU waters in 2013, it is appropriate to provide for an exchange of quotas with Norway. Consequently, the amount allocated to Norway from the Union's share of the total allowable catch (TAC) should be fixed at the level of 22 450 tonnes of sandeel in management area 1 in exchange for 1 769 tonnes of North Norway cod, 131 tonnes of North Norway haddock, 250 tonnes of plaice in the North Sea and 95 tonnes of ling in the North Sea. Annex IA to Regulation (EU) No 40/2013 should therefore be amended accordingly.

(8) The 9th Annual Meeting of the Western and Central Pacific Fisheries Commission (WCPFC), held in Manila from 2 to 9 December 2012, adopted new conservation and management measures for bigeye tuna, yellowfin tuna and skipjack tuna concerning fishing effort limitations, as well as measures for the closed area for fishing with fish aggregating devices (FADs). The WCPFC also agreed on management measures regarding the overlap area between WCPFC and the Inter-American Tropical Tuna Commission (IATTC). According to those measures, EU vessels listed in the register of both organisations must comply only with the IATTC conservation and management measures set out in Regulation (EU) No 40/2013 when fishing in the overlap area. Those WCPFC measures should be implemented in the law of the Union.

(9) Under the provisions of International Commission for the Conservation of Atlantic Tunas (ICCAT) concerning the conservation of Atlantic swordfish, the Union may count up to 200 tonnes of its swordfish catch taken from the North Atlantic management area against its uncaught South Atlantic swordfish quota. The Union may also count up to 200 tonnes of its swordfish catch taken from the South Atlantic management area against its uncaught North Atlantic swordfish quota. Those provisions should be implemented in the law of the Union.

(10) At its first annual meeting, held in 2013, the South Pacific Regional Fisheries Management Organisation (SPRFMO) fixed fishing opportunities consisting of a TAC for jack mackerel, including a modification of the associated reporting in this fishery, and effort limitations for pelagic and bottom fisheries. Those provisions should be implemented in the law of the Union.

(11) Regulations (EU) No 39/2013 and (EU) No 40/2013 apply, in general, from 1 January 2013. This Regulation should apply from 1 January 2013 as regards amendments to those Regulations. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned have not yet been exhausted. The amendment to Regulation (EU) 44/2012 should apply as of 1 January 2012. Since the modification of some catch limits have an influence on the economic activities and the planning of the fishing season of EU vessels, it is necessary to amend Regulations (EU) No 44/2012, (EU) No 39/2013 and (EU) No 40/2013 urgently. For the same reason, this Regulation should enter into force immediately after its publication,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 358, 31.12.2002, p. 59.

(2)

Council Regulation (EU) No 44/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (OJ L 25, 27.1.2012, p. 55).

(3)

Council Regulation (EU) No 39/2013 of 21 January 2013 fixing for 2013 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 (OJ L 23, 25.1.2013, p. 1).

(4)

Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non- EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (OJ L 23, 25.1.2013, p. 54).

(5)

Agreement on fisheries between the European Economic Community and the Kingdom of Norway (OJ L 226, 29.8.1980, p. 48).