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) Catch limits for sandeel in Union waters of ICES zones IIa, IIIa and IV were set at zero in Annex IA to Council Regulation (EU) No 43/2014(1), pending advice from the International Council for the Exploration of the Sea (ICES).
(2) ICES advice on the stock has been available since 21 February 2014, and it is now possible to set a TAC for sandeel in this area, distributed in seven management areas in order to avoid local depletion.
(3) Fishing opportunities for Union vessels in Norwegian and Faroese waters and for Norwegian and Faroese vessels in Union waters, 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 agreements on fisheries with Norway(2) and the Faroe Islands(3), respectively. Pending the conclusion of those consultations on the arrangements for 2014, Regulation (EU) No 43/2014 fixed provisional fishing opportunities for certain stocks of blue whiting. On 12 March 2014, the consultations with Norway and the Faroe Islands were concluded, including those related to blue whiting.
(4) Annex IA to Regulation (EU) No 43/2014 should therefore be amended accordingly.
(5) The catch limits provided for in Regulation (EU) No 43/2014 apply from 1 January 2014. The provisions of this Regulation concerning catch limits should therefore also apply from that date. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned were set to zero in the Regulation (EU) No 43/2014. Since the modification of this catch limit has an influence on the economic activities and the planning of the fishing season of Union vessels, this Regulation should enter into force immediately after its publication,
HAS ADOPTED THIS REGULATION:
Annex IA to Regulation (EU) No 43/2014 is amended in accordance with the text set out in Annex to this Regulation.
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 March 2014.
For the Council
The President
A.. Tsaftaris
Annex IA to Regulation (EU) No 43/2014 is amended as follows:
the entry for Sandeel in Union waters of ICES zones IIa, IIIa and IV is replaced by the following:
| a Excluding waters within six nautical miles of the UK baselines at Shetland, Fair Isle and Foula. | ||
| b At least 98 % of landings counted against this quota shall be of sandeel. By-catches of dab, mackerel and whiting to be counted against the remaining 2 % of the quota (OT1/*2A3A4). | ||
| ‘SpeciesSandeelAmmodytes spp. | ZoneUnion waters of IIa, IIIa and IVa | |
|---|---|---|
| Denmark | 195 471b | Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply Article 4 of Regulation (EC) No 847/96 shall not apply |
| United Kingdom | 4 273b | |
| Germany | 298b | |
| Sweden | 7 177b | |
| Union | 207 219 | |
| TAC | 207 219 | |
within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following sandeel management areas, as defined in Annex IID:
| ZoneUnion waters of sandeel management areas | |||||||
|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | |
| (SAN/234_1) | (SAN/234_2) | (SAN/234_3) | (SAN/234_4) | (SAN/234_5) | (SAN/234_6) | (SAN/234_7) | |
| Denmark | 53 769 | 4 717 | 132 062 | 4 717 | 0 | 206 | 0 |
| United Kingdom | 1 175 | 103 | 2 887 | 103 | 0 | 5 | 0 |
| Germany | 82 | 7 | 202 | 7 | 0 | 0 | 0 |
| Sweden | 1 974 | 173 | 4 849 | 173 | 0 | 8 | 0 |
| Union | 57 000 | 5 000 | 140 000 | 5 000 | 0 | 219 | 0 |
| Total | 57 000 | 5 000 | 140 000 | 5 000 | 0 | 219 | 0’ |
the entry for blue whiting in Norwegian waters of II and IV is replaced by the following:
| ‘SpeciesBlue whitingMicromesistius poutassou | ZoneNorwegian waters of II and IV(WHB/24-N.) | |
|---|---|---|
| Denmark | 0 | Analytical TAC |
| United Kingdom | 0 | |
| Union | 0 | |
| TAC | 1 200 000’ | |
the entry for blue whiting in Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV is replaced by the following:
| a Special condition: of which up to the following percentage may be fished in Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1): 0 % | ||
| b Transfers of this quota may be effected to VIIIc, IX and X; Union waters of CECAF 34.1.1. However, such transfers shall be notified in advance to the Commission. | ||
| c Special condition: of which up to the following quantity may be fished in Faroese waters (WHB/*05-F.): 25 000’; | ||
| ‘SpeciesBlue whitingMicromesistius poutassou | ZoneUnion and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV(WHB/1X14) | |
|---|---|---|
| Denmark | 28 325a | Analytical TAC |
| Germany | 11 013a | |
| Spain | 24 013a b | |
| France | 19 712a | |
| Ireland | 21 934a | |
| The Netherlands | 34 539a | |
| Portugal | 2 231a b | |
| Sweden | 7 007a | |
| United Kingdom | 36 751a | |
| Union | 185 525a c | |
| Norway | 100 000 | |
| Faroe Islands | 15 000 | |
| TAC | 1 200 000 | |
the entry for blue whiting in VIIIc, IX and X; Union waters of CECAF 34.1.1 is replaced by the following:
| a Special condition: of which up to the following percentage may be fished in Norwegian EEZ or in the fishery zone around Jan Mayen (WHB/*NZJM2): 0 %’; | ||
| ‘SpeciesBlue whitingMicromesistius poutassou | ZoneVIIIc, IX and X; Union waters of CECAF 34.1.1(WHB/8C3411) | |
|---|---|---|
| Spain | 24 658 | Analytical TAC |
| Portugal | 6 165 | |
| Union | 30 823a | |
| TAC | 1 200 000 | |
the entry for blue whiting in Union waters of II, IVa, V, VI north of 56° 30′ N and VII west of 12° W is replaced by the following:
| a To be counted against Norway’s catch limits established under the Coastal States arrangement. | ||
| b Special condition: the catch in IV shall be no more than the following amount (WHB/*04A-C): 0 This catch limit in IV amounts to the following percentage of Norway’s access quota: 0 % | ||
| c To be counted against the catch limits of the Faroe Islands. | ||
| d Special conditions: may also be fished in VIb (WHB/*06B-C). The catch in IVa shall be no more than 6 250 tonnes (WHB/*04A-C).’ | ||
| ‘SpeciesBlue whitingMicromesistius poutassou | ZoneUnion waters of II, IVa, V, VI north of 56° 30′ N and VII west of 12° W(WHB/24A567) | |
|---|---|---|
| Norway | 0a b | Analytical TAC |
| Faroe Islands | 25 000c d | |
| TAC | 1 200 000 | |
Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (OJ L 24, 28.1.2014, p. 1).
Agreement on fisheries between the European Economic Community and the Kingdom of Norway (OJ L 226, 29.8.1980, p. 48).
Agreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (OJ L 226, 29.8.1980, p. 12).