Council Regulation (EU) No 1040/2012
of 7 November 2012
amending Regulation (EC) No 754/2009 as regards exclusion of certain groups of vessels from the fishing effort regime laid down in Regulation (EC) No 1342/2008 and amending Regulations (EU) No 43/2012 and (EU) No 44/2012 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:
In October 2012, the International Council for the Exploration of the Sea (ICES) published scientific advice on the stock of Norway pout in the North Sea, the Skagerrak and the Kattegat. ICES advice indicates that catches ought not to exceed 101 000 tonnes in 2012. As regards quotas, 75 % of the Norway pout TAC in this area corresponds to the Union quota, of which 5 000 tonnes should be allocated to Norway. The rest of the Union quota should be allocated among Member States.
The catch limits provided for by this Regulation should apply from 1 January 2012, except for the provisions concerning fishing effort limits, which should apply from 1 February 2012. Such retroactive application will be without prejudice to the principles of legal certainty and protection of legitimate expectations as regards the fishing opportunities concerned that have not yet been exhausted. Since catch limits have 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.
Regulation (EC) No 754/2009, Regulation (EU) No 43/2012 and Regulation (EU) No 44/2012 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1Amendments to Regulation (EC) No 754/2009
In Article 1 of Regulation (EC) No 754/2009, the following points are added:
- ‘(j)
the group of vessels flying the flag of France identified in the request from France dated 8 June 2012, which participate in a fishery targeting saithe in the North Sea (ICES zone IV) using bottom trawls with a mesh size equal to or greater than 100 mm (gear category TR1);
- (k)
the group of vessels flying the flag of France identified in the request from France dated 8 June 2012, which participate in a fishery targeting saithe and deep-sea species in the west of Scotland (ICES zone VI) using bottom trawls with a mesh size equal to or greater than 100 mm (gear category TR1);
- (l)
the group of vessels flying the flag of France identified in the request from France dated 8 June 2012, which participate in a fishery targeting hake in the west of Scotland (ICES zone VI) using longlines (gear category LL).’.
Article 2Amendments to Regulation (EU) No 43/2012
Annexes I and IIA to Regulation (EU) No 43/2012 are amended in accordance with the text set out in Annex I to this Regulation.
Article 3Amendments to Regulation (EU) No 44/2012
Annexes IA and IIA to Regulation (EU) No 44/2012 are amended in accordance with the text set out in Annex II to this Regulation.
Article 4Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Point (1) of Annex I, and point (1) of Annex II shall apply from 1 January 2012.
Article 1, point (2) of Annex I, and point (2) of Annex II shall apply from 1 February 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 November 2012.
For the Council
The President
A. D. Mavroyiannis
ANNEX I
(1)In Part B of Annex I to Regulation (EU) No 43/2012, the entry for herring in VIIa is replaced by the following:
‘SpeciesHerringClupea harengus
ZoneVIIa5(HER/07A/MM)Ireland
1 374
Analytical TAC
United Kingdom
3 906
Union
5 280
TAC
5 280
(2)in Appendix 1 of Annex IIA to Regulation (EU) No 43/2012, table (d), the column concerning France (FR) is replaced by the following:
‘FR
1 057 828
34 926
0
0
0
302 917
0
184 354’
ANNEX II
(1)In Annex IA to Regulation (EU) No 44/2012, the entry for Norway pout and associated by-catches in IIIa; EU waters of IIa and IV is replaced by the following:
‘SpeciesNorway pout and associated by-catchesTrisopterus esmarki
ZoneIIIa; EU waters of IIa and IV(NOP/2A3A4.)
Denmark
70 6846Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Germany
The Netherlands
Union
TAC
Not relevant
(2)in Appendix 1 of Annex IIA to Regulation (EU) No 44/2012 the column concerning France (FR) is replaced by the following:
‘FR
533 451
6 496 811
101 316
0
1 202 818
342 579
4 338 315
125 141’