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Council Regulation (EU) No 5/2012Show full title
Council Regulation (EU) No 5/2012 of 19 December 2011 fixing for 2012 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Black Sea
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CHAPTER I SCOPE AND DEFINITIONS
Article 1Subject matter
This Regulation fixes fishing opportunities for 2012 for certain fish stocks and groups of fish stocks in the Black Sea.
Article 2Scope
This Regulation shall apply to EU vessels operating in the Black Sea.
Article 3Definitions
For the purposes of this Regulation the following definitions shall apply:
(a)
‘GFCM’ means General Fisheries Commission for the Mediterranean;
(b)
‘Black Sea’ means the GFCM geographical sub-area as defined in resolution GFCM/33/2009/2;
(c)
‘EU vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;
(d)
‘total allowable catch’ (TAC) means the quantity that can be taken from each stock each year;
(e)
‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country.
CHAPTER II FISHING OPPORTUNITIES
Article 4TACs and allocations
The TACs, the allocation of such TACs among Member States, and conditions functionally linked thereto, where appropriate, are set out in the Annex.
Article 5Special provisions on allocations
The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:
(a)
exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
(b)
reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;
(c)
additional landings allowed pursuant to 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 and 107 of Regulation (EC) No 1224/2009.
Article 6Conditions for landing catches and by-catches
Fish from stocks for which TACs are established shall be retained on board or landed only if:
(a)
the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or
(b)
the catches consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.
CHAPTER III FINAL PROVISIONS
Article 7Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in the Annex to this Regulation.
Article 8Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2011.
For the Council
The President
M. Dowgielewicz
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