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: