CHAPTER IIFISHING OPPORTUNITIES

Article 4TACs and allocations

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

Article 5Special provisions on allocations

1.

The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:

(a)

exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

(b)

reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;

(c)

additional landings allowed under Article 3 of Regulation (EC) No 847/96;

(d)

quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;

(e)

deductions made pursuant to Articles 37, 105, 106 and 107 of Regulation (EC) No 1224/2009.

2.

Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TAC.

Article 6Conditions for landing catches and by-catches

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

  1. (a)

    the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or

  2. (b)

    the catches consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.

Article 7Fishing effort limits

1.

Fishing effort limits are set out in Annex II.

2.

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

3.

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