X1Council Regulation (EU) No 683/2011
of 20 June 2011
amending Regulation (EU) No 57/2011 as regards fishing opportunities for certain fish stocks
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:
Consultations on fishing opportunities between the Union and the Faroe Islands failed to result in an agreement for 2011. After a further round of consultations with Norway in March 2011, the fishing opportunities reserved for the consultations with the Faroe Islands can now be allocated to Member States. Therefore, Article 1 of Regulation (EU) No 57/2011 and the relevant TACs in Annexes IA and IB thereto should be amended in order to distribute the non-allocated quota and to reflect the traditional allocation of mackerel in the North-East Atlantic.
It is desirable to implement flexible arrangements regarding the use of blue whiting quotas across the two main management areas provided for in Annex IA to Regulation (EU) No 57/2011 for that fishery (namely the area consisting of EU and international waters of ICES zones I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV and the area consisting of ICES zones VIIIc, IX and X and EU waters of CECAF 34.1.1), since those two areas are subject to the same scientific advice and considered part of the same biological stock.
Annex IA to Regulation (EU) No 57/2011 establishes general quotas for Norway lobster in ICES zone VII and specific quotas for Norway lobster in the area of the Porcupine Bank located within that zone. It is necessary to fix those specific quotas anew for the year 2011 on the basis of updated data on historic catches.
Further to the consultations concluded on 17 March 2011 between coastal states (Faroe Islands, Greenland and Iceland) and other North East Atlantic Fisheries Convention (NEAFC) parties (Union and Norway) on the management of redfish in the Irminger Sea and adjacent waters, it is necessary to establish TACs for redfish in those areas while respecting the agreed time and area restrictions. Annex IB to Regulation (EU) No 57/2011 should be amended accordingly.
At its Annual Meeting in 2010, the Western and Central Pacific Fisheries Commission decided to maintain the limits imposed for that year on swordfish catches and on the number of vessels authorised to fish for swordfish, with effect from 1 January 2011. It is necessary to implement those measures in Union law.
During the Third International Meeting, held in May 2007, for the creation of a Regional Fisheries Management Organisation (RFMO) in the high seas of the South Pacific (SPRFMO), the participants accepted interim measures, including fishing opportunities, in order to regulate pelagic fishing activities as well as bottom fisheries in that area until the establishment of such RFMO. New interim measures have been accepted at the Second Preparatory Conference for the SPRFMO Commission, held in January 2011. Those interim measures are voluntary and not legally binding under international law. It is however appropriate, in accordance with the cooperation and conservation obligations enshrined in the International Law of the Sea, to implement those measures in Union law by establishing an overall quota for the Union. For the purpose of allocating the Union quota among the Member States, it is appropriate to establish a new and final allocation key on the basis of sound, fair and objective criteria of the past fishing performance of the Member States in 2009 and 2010 which is a recent and sufficiently representative period during which all Member States concerned were present on the fishing grounds.
Annex IIB to Regulation (EU) No 57/2011 sets fishing effort limitations for the recovery of certain southern hake and Norway lobster stocks in ICES divisions VIIIc and IXa, excluding the Gulf of Cadiz. It is appropriate to clarify the wording of a special condition set out in the framework of those fishing effort limitations and the consequences of receiving an unlimited number of days for landings in the 2011 management period.
Regulation (EU) No 57/2011 applies, in general, from 1 January 2011. However, the fishing effort limits are laid down for a 1-year period starting from 1 February 2011. In order to follow the year-to-year regime of reporting on fishing opportunities, the provisions of this Regulation concerning catch limits and allocations should apply from 1 January 2011 and the provisions concerning fishing effort limits should apply from 1 February 2011, except where indicated otherwise. Such retroactive application is without prejudice to the principle of legal certainty as the fishing opportunities concerned have not yet been exhausted. For reasons of urgency, this Regulation should enter into force immediately after its publication,
HAS ADOPTED THIS REGULATION:
Article 1Amendments to Regulation (EU) No 57/2011
Regulation (EU) No 57/2011 is amended as follows:
- (1)
Article 1 is replaced by the following:
‘Article 1Subject matter
This Regulation fixes the following fishing opportunities:
- (a)
for the year 2011, catch limits for certain fish stocks and groups of fish stocks;
- (b)
for the period from 1 February 2011 to 31 January 2012, certain effort limits;
- (c)
for the periods set out in Articles 20, 21 and 22 and in Annexes IE and V, fishing opportunities for certain stocks in the Convention Area of the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR);
- (d)
for the periods set out in Article 28, fishing opportunities for certain stocks in the Convention Area of the Inter American Tropical Tuna Commission (IATTC); and
- (e)
additional fishing opportunities for mackerel resulting from uncaught quota in 2010.’;
- (a)
- (2)
Annex IA is amended as follows:
- (a)
the entry for sandeel and associated by-catches in EU waters of IIa, IIIa and IV is replaced by the following:
‘SpeciesSandeel and associated by-catchesAmmodytes spp.
ZoneEU waters of IIa, IIIa and IV3(SAN/2A3A4.)Denmark
334 324
Analytical TAC
United Kingdom
7 308
Germany
511
Sweden
12 277
EU
354 4204Norway
20 000
TAC
374 420
Special conditions:
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:
ZoneEU 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
282 989
32 072
9 434
9 434
0
395
0
United Kingdom
6 186
701
206
206
0
9
0
Germany
433
49
14
14
0
1
0
Sweden
10 392
1 178
346
346
0
15
0
EU
300 000
34 000
10 000
10 000
0
420
0
Norway
20 000
0
0
0
0
0
0
Total
320 000
34 000
10 000
10 000
0
420
0’;
- (b)
the entry for herring in IIIa is replaced by the following:
- (c)
the entry for herring in EU and international waters of Vb, VIb and VIaN is replaced by the following:
‘SpeciesHerringClupea harengus
ZoneEU and international waters of Vb, VIb and VIaN8(HER/5B6ANB)Germany
2 513
Analytical TAC
France
475
Ireland
3 396
The Netherlands
2 513
United Kingdom
13 584
EU
22 481
TAC
22 481
- (d)
the entry for blue whiting in EU and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV is replaced by the following:
‘SpeciesBlue whitingMicromesistius poutassou
ZoneEU and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV(WHB/1X14)
Denmark
1 5339Analytical TAC
Germany
5969
Spain
France
1 0679
Ireland
1 1879
The Netherlands
1 8699
Portugal
Sweden
3799
United Kingdom
1 9909
EU
10 0429
TAC
40 100
- (e)
the entry for blue ling in EU waters and international waters of Vb, VI, VII is replaced by the following:
- (f)
the entry for ling in EU and international waters of VI, VII, VIII, IX, X, XII and XIV is replaced by the following:
- (g)
the entry for Norway lobster in zone VII is replaced by the following:
- (h)
the entry for mackerel in IIIa and IV; EU waters of IIa, IIIb, IIIc and Subdivisions 22-32 is replaced by the following:
‘SpeciesMackerelScomber scombrus
ZoneIIIa and IV; EU waters of IIa, IIIb, IIIc and IIId(MAC/2A34.)
Belgium
51721Article 3 of Regulation (EC) No 847/96 does not apply.
Denmark
Germany
53921
France
1 62921
The Netherlands
1 64021
Sweden
United Kingdom
1 51821
EU
Norway
169 01922TAC
Not relevant
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:
IIIa(MAC/*03A.)
IIIa and IVbc(MAC/*3A4BC)
IVb(MAC/*04B.)
IVc(MAC/*04C.)
VI, international waters of IIa, from 1 January to 31 March 2011 and in December 2011(MAC/*2A6.)
Denmark
0
4 130
0
0
9 76425France
0
490
0
0
0
The Netherlands
0
490
0
0
0
Sweden
0
0
390
10
1 847
United Kingdom
0
490
0
0
0
Norway
3 000
0
0
0
0
- (i)
the entry for mackerel in VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV is replaced by the following:
‘SpeciesMackerelScomber scombrus
ZoneVI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV(MAC/2CX14-)
Germany
20 694
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Spain
22
Estonia
172
France
13 797
Ireland
68 978
Latvia
127
Lithuania
127
The Netherlands
30 177
Poland
1 457
United Kingdom
189 694
EU
325 24528Norway
TAC
Not relevant
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones and periods specified below.
EU and Norwegian waters of IVa(MAC/*04A-EN)During the periods from 1 January to 15 February 2011 and from 1 September to 31 December 2011
Norwegian waters of IIa(MAC/*2AN-)
Germany
8 326
849
France
5 551
566
Ireland
27 754
2 832
The Netherlands
12 142
1 238
United Kingdom
76 325
7 789
EU
130 098
13 274’;
- (j)
the entry for mackerel in VIIIc, IX and X; EU waters of CECAF 34.1.1 is replaced by the following:
‘SpeciesMackerelScomber scombrus
ZoneVIIIc, IX and X; EU waters of CECAF 34.1.1(MAC/8C3411)
Spain
30 60930Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
France
20330
Portugal
6 32730
EU
37 139
TAC
Not relevant
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone.
VIIIb(MAC/*08B.)
Spain
2 570
France
17
Portugal
531’;
- (k)
the entry for mackerel in Norwegian waters of IIa and IVa is replaced by the following:
- (l)
the entry for sprat and associated by-catches in EU waters of IIa and IV is replaced by the following:
- (m)
the entry for horse mackerel and associated by-catches in EU waters of IIa, IVa; VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of XII and XIV is replaced by the following:
‘SpeciesHorse mackerel and associated by-catchesTrachurus spp.
ZoneEU waters of IIa, IVa; VI, VIIa-c,VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of XII and XIV(JAX/2A-14)
Denmark
15 78138Analytical TAC
Germany
Spain
16 795
France
Ireland
41 01038
The Netherlands
Portugal
1 618
Sweden
67538
United Kingdom
EU
158 78740TAC
158 787
- (a)
- (3)
Annex IB is amended as follows:
- (a)
the entry for cod and haddock in Faroese waters of Vb is replaced by the following:
‘SpeciesCod and haddockGadus morhua and Melanogrammus aeglefinus
ZoneFaroese waters of Vb(C/H/05B-F.)
Germany
0
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
France
0
United Kingdom
0
EU
0
TAC
Not relevant’;
- (b)
the entry for blue whiting in Faroese waters is replaced by the following:
‘SpeciesBlue whitingMicromesistius poutassou
ZoneFaroese waters(WHB/2A4AXF)
Denmark
0
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Germany
0
France
0
The Netherlands
0
United Kingdom
0
EU
0
TAC
40 10041 - (c)
the entry for ling and blue ling in Faroese waters of Vb is replaced by the following:
‘SpeciesLing and blue lingMolva molva and Molva dypterygia
ZoneFaroese waters of Vb(B/L/05B-F.)
Germany
0
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
France
0
United Kingdom
0
EU
0
TAC
Not relevant’;
- (d)
the entry for northern prawn in Greenland waters of V and XIV is replaced by the following:
‘SpeciesNorthern prawnPandalus borealis
ZoneGreenland waters of V and XIV(PRA/514GRN)
Denmark
1 950
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
France
1 950
EU
7 00042TAC
Not relevant
- (e)
the entry for saithe in Faroese waters of Vb is replaced by the following:
‘SpeciesSaithePollachius virens
ZoneFaroese waters of Vb(POK/05B-F.)
Belgium
0
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Germany
0
France
0
The Netherlands
0
United Kingdom
0
EU
0
TAC
Not relevant’;
- (f)
the entry for Greenland halibut in Greenland waters of NAFO 0 and 1 is replaced by the following:
‘SpeciesGreenland halibutReinhardtius hippoglossoides
ZoneGreenland waters of NAFO 0 and 1(GHL/N01GRN)
Germany
1 850
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
EU
2 65043TAC
Not relevant
- (g)
the entry for Greenland halibut in Greenland waters of V and XIV is replaced by the following:
‘SpeciesGreenland halibutReinhardtius hippoglossoides
ZoneGreenland waters of V and XIV(GHL/514GRN)
Germany
5 867
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
United Kingdom
309
EU
7 00044TAC
Not relevant
- (h)
the entry for redfish in EU and international waters of V; international waters of XII and XIV is replaced by the following:
‘SpeciesRedfish (shallow pelagic)Sebastes spp.
ZoneEU and international waters of V; international waters of XII and XIV(RED/51214S)
Estonia
045Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Germany
045
Spain
045
France
045
Ireland
045
Latvia
045
The Netherlands
045
Poland
045
Portugal
045
United Kingdom
045
EU
045
TAC
045
SpeciesRedfish (deep pelagic)Sebastes spp.
ZoneEU and international waters of V; international waters of XII and XIV(RED/51214D)
Estonia
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Germany
Spain
France
Ireland
Latvia
The Netherlands
Poland
Portugal
United Kingdom
EU
TAC
- (i)
the entry for redfish in Greenland waters of V and XIV is replaced by the following:
- (j)
the entry for other species in Faroese waters of Vb is replaced by the following:
‘SpeciesOther species50ZoneFaroese waters of Vb(OTH/05B-F.)
Germany
0
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
France
0
United Kingdom
0
EU
0
TAC
Not relevant
- (k)
the entry for flatfish in Faroese waters of Vb is replaced by the following:
‘SpeciesFlatfish
ZoneFaroese waters of Vb(FLX/05B-F.)
Germany
0
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
France
0
United Kingdom
0
EU
0
TAC
Not relevant’;
- (a)
- (4)
in Annex IC, the entry for northern prawn in zone NAFO 3L is replaced by the following:
- (5)
In Annex ID, the entry for bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean (BFT/AE045W) is replaced by the following:
- (6)
Annex IH is replaced by the following:
‘ANNEX IH
WCPFC Convention AreaSpeciesSwordfishXiphias gladius
ZoneWCPFC Convention Area south of 20° S(SWO/F7120S)
EU
3 170,36
Analytical TAC
TAC
Not relevant’;
- (7)
Annex IJ is replaced by the following:
‘ANNEX IJ
SPRFMO Convention AreaSpeciesJack mackerelTrachurus murphyi
ZoneSPRFMO Convention Area(CJM/SPRFMO)
Germany
10 223,67
The Netherlands
11 080,8
Lithuania
7 112,63
Poland
12 231,9
EU
40 649’;
- (8)
Annex IIB is amended as follows:
- (a)
point 5.2 is replaced by the following:
‘5.2.For the purposes of fixing the maximum number of days at sea that 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:
- (a)
the total landings of hake in the year 2008 or 2009 made by the vessel shall represent less than 5 tonnes or less than 3 % of the total landings in live weight; and
- (b)
the total landings of Norway lobster in the year 2008 or 2009 made by the vessel shall represent less than 2,5 tonnes according to the landings in live weight.’;
- (a)
- (b)
point 9.1 is replaced by the following:
‘9.1.
If a vessel has received an unlimited number of days resulting from compliance with the special conditions, the vessel’s landings in the 2011 management period shall not exceed 5 tonnes or 3 % of the total landings in live weight of hake and 2,5 tonnes in live weight of Norway lobster.’;
- (a)
- (9)
Annex IIC is amended as follows:
- (a)
point 2 is replaced by the following:
‘2.Fishing gear
For the purposes of this Annex, the following groupings of fishing gears shall apply:
- (a)
beam trawls of mesh size equal to or greater than 80 mm;
- (b)
static nets including gill-nets, trammel-nets and tangle-nets with mesh size equal to or less than 220 mm.’;
- (a)
- (b)
Table I is replaced by the following:
‘Table IGearpoint 2
DenominationOnly the gear groupings as defined 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’;
- (a)
- (10)
Annex VII is replaced by the following:
‘ANNEX VII
WCPFC CONVENTION AREAMaximum number of EU vessels authorised to fish for swordfish in areas south of 20° S of the WCPFC Convention AreaSpain
14
EU
14’.
Article 2Entry into force and applicability
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
Points 1 to 7 and point 10 of Article 1 shall apply from 1 January 2011.
Points 8 and 9 of Article 1 shall apply from 1 February 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.