Council Regulation (EU) No 692/2012

of 24 July 2012

amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards the protection of the giant manta ray and 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:

(1)
By Regulations (EU) No 43/20121 and (EU) No 44/20122, the Council fixed for 2012 fishing opportunities for certain fish stocks and groups of fish stocks applicable in EU waters and, for EU vessels, in certain non-EU waters.
(2)

At the 10th Conference of the Parties (COP10) of the Convention of Migratory Species of Wild Animals, held in Bergen from 20 to 25 November 2011, the giant manta ray (Manta birostris) was added to the lists of protected species in Appendices I and II of the Convention. Therefore, it is appropriate to provide for the protection of giant manta rays with respect to EU vessels fishing in all waters and non-Union vessels fishing in EU waters.

(3)

The possibility of carrying out trials of fully documented catch quotas for various stocks in the International Council on the Exploration of the Seas (ICES) Area VII has been submitted to the Scientific, Technical and Economic Committee for Fisheries (STECF) in order to determine the impact of catch quotas on mortality, discards and selective fishing practices in mixed fisheries. The trials would be conducted on the stocks of plaice, anglerfish, megrim and hake, for which an additional 1 % quota would be available, and on the stock of haddock, for which an additional 5 % quota would be available. In its response to the Commission’s request, STECF expresses support for these trials and sees them as an important step in developing the catch quota management approach. STECF also notes that such trials result in a very low risk of increasing overall fishing mortality on the stocks concerned. Accordingly, it is appropriate to modify the relevant TAC entries so as to make these additional quotas available to Member States engaging in the assessed trials.

(4)

At its 8th Annual Meeting that took place from 26 to 30 March in Guam (USA), the Western and Central Pacific Fisheries Commission (WCPFC) repealed, with immediate effect, its provisions on closed areas for purse-seine fisheries of bigeye tuna and yellowfin tuna in certain high seas areas. These closed areas were implemented in Union law by Article 32 of Regulation (EU) No 44/2012, which should therefore be repealed.

(5)
The United Kingdom provided information on cod catches by a group of vessels fishing with bottom trawls in the Irish Sea and targeting Queen Scallops. On the basis of that information, as assessed by STECF, it can be established that the cod catches, including discards, of vessels involved in that activity do not exceed 1,5 % of the total catches of that group of vessels. Having moreover regard to the measures in place ensuring the monitoring and control of the fishing activities of the group of vessels involved in that activity and considering that the inclusion of that group would constitute an administrative burden disproportionate to its overall impact on cod stocks, it is appropriate to exclude the group of vessels fishing with bottom trawls in the Irish Sea and targeting Queen Scallops from the application of the effort regime laid down in Chapter III of Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks3.
(6)

The TAC for cod in the Kattegat should be equal to the Union quota. The relevant figure in Regulation (EU) No 43/2012 should be corrected accordingly.

(7)

Additional fishing opportunities have become available for the Union in 2012 as a result of quota transfers between the Union and other Contracting Parties to the North West Atlantic Fisheries Organisation (NAFO). Consequently, for the year 2012, Annex IC to Regulation (EU) No 44/2012 should be amended so as to reflect those new fishing opportunities. These modifications concern the year 2012 and are without prejudice to the principle of relative stability.

(8)

Annex IIC to Regulation (EU) No 43/2012 fixes fishing effort limits in the context of the management of Western Channel sole stocks in ICES division VIIe. At the United Kingdom’s request, the Commission sought advice from STECF on whether Annex IIC could be amended so as to establish a rolling reference period for the exemption of static gears in point 1.2 of that Annex, rather than the current fixed reference year. In its response, STECF considers that a more recent year or a rolling reference period based on several recent years, would be preferable and deems that the effects of this change on the amount of effort deployed in the fishery should be negligible.

(9)

The sum of quotas allocated to Member States in the TAC of white hake in NAFO 3NO result in a Union quota which is one tonne higher than that established by fishing opportunities set in the context of the Regional Fisheries Management Organisation (RFMO). The relevant quota allocation in Regulation (EU) No 44/2012 should be amended accordingly.

(10)

Consultations on fishing opportunities between the Union, Iceland and the Faroe Islands have failed to result in an agreement for 2012. Consequently, the fishing opportunities reserved for those consultations can now be allocated to Member States. Furthermore, the Coastal States consultations on the management of North East Atlantic mackerel ended inconclusively in Reykjavik on 17 February 2012. Subsequently, in accordance with bilateral arrangements between them the Union and Norway have agreed to fix their respective mackerel fishing opportunities for 2012. Therefore, Article 1 of Regulation (EU) No 44/2012 and the relevant TACs in Annexes IA and IB thereto should be amended in order to distribute the non-allocated quotas and to reflect the traditional allocation of mackerel in the North-East Atlantic.

(11)

Advice from the ICES and the STECF demands a significant reduction of the sandeel TAC in EU waters of ICES divisions IIa and IIIa and ICES subarea IV. Further to that advice, a reduction of the sandeel transfer to Norway was agreed between Norway and the Union during consultations concluded on 9 March 2012. Regulation (EU) No 44/2012 should be amended accordingly.

(12)

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 adopted 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. Those interim measures were revised at the 2nd Preparatory Conference for the SPRFMO Commission held in January 2011 and have been revised again at the 3rd Preparatory Conference for the SPRFMO Commission held from 30 January to 3 February 2012. 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 the law of the Union by establishing an overall quota for the Union and an allocation among the Member States concerned.

(13)

Regulations (EU) No 43/2012 and (EU) No 44/2012 apply, in general, from 1 January 2012. This Regulation should therefore also apply from 1 January 2012. Such retroactive application will be without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned have not yet been exhausted. However, the new provisions on giant manta ray should only be effective from the date of entry into force of the modification to the relevant Appendices of the Convention on Migratory Species of Wild Animals, in accordance with paragraph 5 of Article XI thereof. Similarly, the repeal of Article 32 of Regulation (EU) No 44/2012 should apply as of 31 March 2012, in compliance with the date specified by WCPFC for its entry into force. Since the modification of some catch limits have an influence on the economic activities and the planning of the fishing season of EU vessels, this Regulation should enter into force immediately after its publication.

(14)

When Regulation (EU) No 44/2012 was adopted, the maximum number of EU vessels authorised to fish for swordfish and albacore in the Indian Ocean Tuna Commission (IOTC) Convention Area did not include 15 fishing vessels flying the flag of France and registered in La Réunion. The Union TAC in that Annex should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1Amendments to Regulation (EU) No 43/2012

Regulation (EU) No 43/2012 is amended as follows:

  1. (1)

    in Article 12(1) the following point is added:

    1. ‘(g)

      giant manta ray (Manta birostris) in all waters.’;

  2. (2)

    after Article 13 a new article is inserted as follows:

    ‘Article 13aAmendments to Regulation (EC) No 754/2009

    In Article 1 of Regulation (EC) No 754/2009, the following point is added:

    1. ‘(i)

      the group of vessels flying the flag of the United Kingdom identified in the request from the United Kingdom dated 16 March 2012, which participate in a fishery targeting Queen Scallops (Aequipecten opercularis) in the Irish Sea (ICES area VIIa) around the Isle of Man, using a specialised otter trawl gear with an 80-100 mm mesh trawl configured to select against fish catches (2ft low headline, short or no bridles and small trawl mouth);’;’.

  3. (3)

    Annex I is amended in accordance with the text in Annex I to this Regulation.

Article 2Amendments to Regulation (EU) No 44/2012

Regulation (EU) No 44/2012 is amended as follows:

  1. (1)

    in Article 1, paragraphs 3 and 4 are deleted;

  2. (2)

    in Article 13(1), the following point is added:

    1. ‘(g)

      giant manta ray (Manta birostris) in all waters.’;

  3. (3)

    Article 32 is deleted;

  4. (4)

    in Article 37(1), the following point is added:

    1. ‘(g)

      giant manta ray (Manta birostris) in EU waters.’;

  5. (5)

    Annexes I, IA, IB, IC, IJ and VI are amended in accordance with the text in Annex II to this Regulation.

Article 3Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation applies from 1 January 2012.

However, Article 1(1), Article 2(2) and (4), Annex I point (1) and Annex II point (1) shall apply from 23 February 2012, and Article 2(3) shall apply from 31 March 2012.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

PART A

Annex I to Regulation (EU) No 43/2012 is amended as follows:

  1. 1.

    Part A is amended as follows:

    1. (a)

      the following entry is inserted in the first table (comparative table of Latin names and common names) after the entry for Mallotus villosus:

      ‘Manta birostris

      RMB

      Giant manta ray’;

    2. (b)

      the following entry is inserted in the second table (comparative table of common names and Latin names) after the entry for flounder:

      ‘Giant manta ray

      RMB

      Manta birostris’.

  2. 2.

    In Part B,

    1. (a)

      the entry for cod in the Kattegat is replaced by the following:

      ‘SpeciesCodGadus morhua

      ZoneKattegat(COD/03AS.)

      Denmark

      824

      Analytical TAC

      Germany

      24

      Sweden

      494

      Union

      1334

      TAC

      1334

      4

      Exclusively for by-catches. No directed fisheries are permitted.’;

    2. (b)

      the entry for megrims in VII is replaced by the following:

      ‘SpeciesMegrimsLepidorhombus spp.

      ZoneVII(LEZ/07.)

      Belgium

      4705

      Analytical TAC

      Article 11 of this Regulation applies.

      Spain

      5 2165

      France

      6 3295

      Ireland

      2 8785

      United Kingdom

      2 4925

      Union

      17 385

      TAC

      17 385

      5

      In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit of an additional 1 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.’;

    3. (c)

      the entry for anglerfish VII is replaced by the following:

      ‘SpeciesAnglerfishLophiidae

      ZoneVII(ANF/07.)

      Belgium

      2 83567

      Analytical TAC

      Article 11 of this Regulation applies.

      Germany

      31667

      Spain

      1 12667

      France

      18 19167

      Ireland

      2 32567

      The Netherlands

      36767

      United Kingdom

      5 51767

      Union

      30 6776

      TAC

      30 6776

      6

      Special condition: of which up to 5 % may be fished in VIIIa, VIIIb, VIIId and VIIIe (ANF/*8ABDE).

      7

      In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit of an additional 1 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.’;

    4. (d)

      the entry for haddock in VIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1 is replaced by the following:

      ‘SpeciesHaddockMelanogrammus aeglefinus

      ZoneVIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1(HAD/7X7A34)

      Belgium

      1858

      Analytical TAC

      Article 11 of this Regulation applies.

      France

      11 0968

      Ireland

      3 6998

      United Kingdom

      1 6658

      Union

      16 645

      TAC

      16 645

      8

      In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit of an additional 5 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.’;

    5. (e)

      the entry for hake in VI and VII; EU and international waters of Vb; international waters of XII and XIV is replaced by the following:

      ‘SpeciesHakeMerluccius merluccius

      ZoneVI and VII; EU and international waters of Vb; international waters of XII and XIV(HKE/571214)

      Belgium

      284911

      Analytical TAC

      Article 11 of this Regulation applies.

      Spain

      9 10911

      France

      14 067911

      Ireland

      1 70411

      The Netherlands

      183911

      United Kingdom

      5 553911

      Union

      30 900

      TAC

      30 90010

      Special condition:

      Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:

      VIIIa, VIIIb, VIIId and VIIIe(HKE/*8ABDE)

      Belgium

      37

      Spain

      1 469

      France

      1 469

      Ireland

      184

      The Netherlands

      18

      United Kingdom

      827

      Union

      4 004’;

      9

      Transfers of this quota may be effected to EU waters of IIa and IV. However, such transfers must be notified in advance to the Commission.

      11

      In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit of an additional 1 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.

      10

      Within an overall TAC of 55 105 tonnes for the northern stock of hake.

    6. (f)

      the entry for plaice in VIId and VIIe is replaced by the following:

      ‘SpeciesPlaicePleuronectes platessa

      ZoneVIId and VIIe(PLE/7DE.)

      Belgium

      82813

      Analytical TAC

      France

      2 76113

      United Kingdom

      1 47313

      Union

      5 062

      TAC

      5 062

      13

      In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit of an additional 1 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.’.

PART B

  1. 1.

    In Appendix 1 of Annex IIA to Regulation (EU) No 43/2012, table (c), the column concerning the United Kingdom (UK) is replaced by the following:

    ‘UK

    339 592

    1 086 399

    0

    0

    111 693

    5 970

    158

    70 614’.

  2. 2.

    In Annex IIC to Regulation (EU) No 43/2012, point 1.2 is replaced by the following:

    1. ‘1.2

      Vessels fishing with static nets with mesh size equal to or larger than 120 mm and with records of catches of less than 300 kg live weight of sole per year during the three previous years, according to their fishing records, shall be exempt from the application of this Annex provided that:

      1. (a)

        such vessels catch less than 300 kg live weight of sole during the 2012 management period;

      2. (b)

        such vessels do not tranship any fish at sea to another vessel; and

      3. (c)

        by 31 July 2012 and 31 January 2013 each Member State concerned make a report to the Commission on these vessels’ catch records for sole in the three previous years as well as on catches of sole in 2012.

      When any of these conditions is not met, the vessels concerned shall, with immediate effect, cease to be exempt from the application of this Annex.’.

ANNEX II

Annexes I, IA, IB, IC, IJ and VI to Regulation (EU) No 44/2012 are amended as follows:

  1. 1.

    Annex I is amended as follows:

    1. (a)

      the following entry is inserted in the first table (comparative table of Latin names and common names) after the entry for Mallotus villosus:

      ‘Manta birostris

      RMB

      Giant manta ray’;

    2. (b)

      the following entry is inserted in the second table (comparative table of common names and Latin names) after the entry for flounder:

      ‘Giant manta ray

      RMB

      Manta birostris’.

  2. 2.

    Annex IA is amended as follows:

    1. (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 IV14(SAN/2A3A4.)

      Denmark

      34 07215

      Analytical TAC

      United Kingdom

      74515

      Germany

      5215

      Sweden

      1 25115

      Union

      36 120

      Norway

      2 300

      TAC

      38 420

      Special condition:

      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 IIB:

      ZoneEU waters of sandeel management areas17

      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

      19 526

      4 717

      4 717

      4 717

      0

      395

      0

      United Kingdom

      427

      103

      103

      103

      0

      9

      0

      Germany

      30

      7

      7

      7

      0

      1

      0

      Sweden

      717

      173

      173

      173

      0

      15

      0

      Union

      20 700

      5 000

      5 000

      5 000

      0

      420

      0

      Norway

      2 300

      0

      0

      0

      0

      0

      0

      Total

      23 000

      5 000

      5 000

      5 000

      0

      420

      0

      17

      May be revised in accordance with Article 5(4) of this Regulation.’;

      14

      Excluding waters within six nautical miles of UK baselines at Shetland, Fair Isle and Foula.

      15

      At least 98 % of landings counted against the TAC must be of sandeel. By-catches of dab, mackerel and whiting to be counted against the remaining 2 % of the TAC.

      17

      May be revised in accordance with Article 5(4) of this Regulation.’;

    2. (b)

      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 VIaN18(HER/5B6ANB)

      Germany

      2 560

      Analytical TAC

      France

      484

      Ireland

      3 459

      The Netherlands

      2 560

      United Kingdom

      13 837

      Union

      22 900

      TAC

      22 900

      18

      Reference is to the herring stock in VIa, north of 56° 00′ N and in that part of VIa which is situated east of 07° 00′ W and north of 55° 00′ N, excluding the Clyde.’;

    3. (c)

      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

      10 37019

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Article 7 of this Regulation applies.

      Germany

      4 03219

      Spain

      8 7911920

      France

      7 21719

      Ireland

      8 03019

      The Netherlands

      12 64519

      Portugal

      8171920

      Sweden

      2 56519

      United Kingdom

      13 45419

      Union

      67 92119

      Norway

      30 000

      TAC

      391 000

      19

      Special condition: of which up to 68 % may be fished in Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1).

      20

      Transfers of this quota may be effected to VIIIc, IX and X; EU waters of CECAF 34.1.1. However, such transfers must be notified in advance to the Commission.’;

    4. (d)

      the entry for blue ling in EU waters and international waters of Vb, VI, VII is replaced by the following:

      ‘SpeciesBlue lingMolva dypterygia

      ZoneEU waters and international waters of Vb, VI, VII(BLI/5B67-)23

      Germany

      20

      Analytical TAC

      Article 12 of this Regulation applies.

      Estonia

      3

      Spain

      62

      France

      1 423

      Ireland

      5

      Lithuania

      1

      Poland

      1

      United Kingdom

      362

      Others

      521

      Union

      1 882

      Norway

      15022

      TAC

      2 032

      23
      Special rules apply in accordance with Article 1 of Regulation (EC) No 1288/200924 and point 7 of Annex III to Regulation (EC) No 43/200925.
      21

      Exclusively for by-catches. No directed fisheries are permitted under this quota.

      22

      To be fished in EU waters of IIa, IV, Vb, VI and VII (BLI/*24X7C).

    5. (e)

      the entry for ling in EU and international waters of VI, VII, VIII, IX, X, XII and XIV is replaced by the following:

      ‘SpeciesLingMolva molva

      ZoneEU and international waters of VI, VII, VIII, IX, X, XII and XIV(LIN/6X14.)

      Belgium

      30

      Analytical TAC

      Article 12 of this Regulation applies.

      Denmark

      5

      Germany

      109

      Spain

      2 211

      France

      2 357

      Ireland

      591

      Portugal

      5

      United Kingdom

      2 716

      Union

      8 024

      Norway

      6 1402627

      TAC

      14 164

      26

      Special condition: of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in Vb, VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in VI and VII shall not exceed 3 000 tonnes.

      27

      Including tusk. The quotas for Norway are: ling 6 140 tonnes and tusk 2 923 tonnes and are interchangeable of up to 2 000 tonnes and may only be fished with long-lines in Vb, VI and VII.’;

    6. (f)

      X1the entry for mackerel in IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId is replaced by the following:

      ‘SpeciesMackerelScomber scombrus

      ZoneIIIa and IV; EU waters of IIa, IIIb, IIIc and Subdivisions 22-32(MAC/2A34.)

      Belgium

      51230

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Article 7 of this Regulation applies.

      Denmark

      17 58030

      Germany

      53430

      France

      1 61230

      The Netherlands

      1 62330

      Sweden

      4 813282930

      United Kingdom

      1 50330

      Union

      28 1772830

      Norway

      167 19731

      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.

      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 2012 and in December 2012(MAC/*2A6.)

      Denmark

      0

      4 130

      0

      0

      9 482

      France

      0

      490

      0

      0

      0

      The Netherlands

      0

      490

      0

      0

      0

      Sweden

      0

      0

      390

      10

      1 829

      United Kingdom

      0

      490

      0

      0

      0

      Norway

      3 000

      0

      0

      0

      0’;

      30

      May also be taken in Norwegian waters of IVa (MAC/*4AN.).

      28

      Special condition: including 242 tonnes to be taken in Norwegian waters south of 62° N (MAC/*04N-).

      29

      When fishing in Norwegian waters, by-catches of cod (COD/*2134.), haddock (HAD/*2134.), pollack (POL/*2134.) and whiting (WHG/*2134.) and saithe (POK/*2134.) are to be counted against the quotas for these species.

      31

      To be deducted from Norway’s share of the TAC (access quota). This amount includes the Norwegian share in the North Sea TAC of the amount of 46 685 tonnes. This quota may be fished in IVa only (MAC/*04A.), except for 3 000 tonnes that may be fished in IIIa (MAC/*03A.).

    7. (g)

      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

      20 427

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Article 7 of this Regulation applies.

      Spain

      22

      Estonia

      170

      France

      13 619

      Ireland

      68 089

      Latvia

      126

      Lithuania

      126

      The Netherlands

      29 788

      Poland

      1 438

      United Kingdom

      187 248

      Union

      321 053

      Norway

      13 8983334

      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 2012 and from 1 September to 31 December 2012

      Norwegian waters of IIa(MAC/*2AN-)

      Germany

      8 219

      837

      France

      5 479

      557

      Ireland

      27 396

      2 790

      The Netherlands

      11 985

      1 220

      United Kingdom

      75 342

      7 672

      Union

      128 421

      13 076’;

      33

      May be fished in IIa, VIa north of 56° 30′ N, IVa, VIId, VIIe, VIIf and VIIh (MAC/*AX7H).

      34

      An additional 33 437 tonnes of access quota may be fished by Norway North of 56° 30′ N and counted against its catch limit (MAC/*N6530).

    8. (h)

      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 27836

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Article 7 of this Regulation applies.

      France

      20136

      Portugal

      6 25836

      Union

      36 737

      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

      2 543

      France

      17

      Portugal

      526’;

      36

      Special condition: quantities subject to exchanges with other Member States may be taken in VIIIa, VIIIb and VIIId (MAC/*8ABD.). However, the quantities provided by Spain, Portugal or France for exchange purposes and to be taken in VIIIa, VIIIb and VIIId shall not exceed 25 % of the quotas of the donor Member State.

    9. (i)

      the entry for mackerel in Norwegian waters of IIa and IVa is replaced by the following:

      ‘SpeciesMackerelScomber scombrus

      ZoneNorwegian waters of IIa and IVa(MAC/2A4A-N.)

      Denmark

      12 60838

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Article 7 of this Regulation applies.

      Union

      12 60838

      TAC

      Not relevant

      38

      Catches taken in IIa (MAC/*02A.) and IVa (MAC/*4A.) to be reported separately.’;

    10. (j)

      the entry for sprat and associated by-catches in EU waters of IIa and IV is replaced by the following:

      ‘SpeciesSprat and associated by-catchesSprattus sprattus

      ZoneEU waters of IIa and IV(SPR/2AC4-C)

      Belgium

      1 73742

      Precautionary TAC

      Denmark

      137 48942

      Germany

      1 73742

      France

      1 73742

      The Netherlands

      1 73742

      Sweden

      1 3303942

      United Kingdom

      5 73342

      Union

      151 500

      Norway

      10 00040

      TAC

      161 50041
      42

      At least 98 % of landings counted against the TAC must be of sprat. By-catches of dab and whiting to be counted against the remaining 2 % of the TAC (OTH/*2AC4C).’;

      39

      Including sandeel.

      40

      May only be fished in EU waters of IV (SPR/*04-C.).

      41

      May be revised in accordance with Article 5(4) of this Regulation.

    11. (k)

      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 7024345

      Analytical TAC

      Germany

      12 251434445

      Spain

      16 71145

      France

      6 306434445

      Ireland

      40 8034345

      The Netherlands

      49 156434445

      Portugal

      1 61045

      Sweden

      6754345

      United Kingdom

      14 775434445

      Union

      157 989

      TAC

      157 989

      43

      Special condition: up to 5 % of this quota fished in EU waters of IIa or IVa before 30 June 2012 may be accounted for as fished under the quota concerning the zone of EU waters of IVb, IVc and VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*4BC7D).

      45

      At least 95 % of landings counted against the TAC must be of horse mackerel. By-catches of boarfish, haddock, whiting and mackerel are to be counted against the remaining 5 % of the TAC (OTH/*2A-14).’.

      44

      Special condition: up to 5 % of this quota may be fished in VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*07D.).

  3. 3.

    Annex IB is amended as follows:

    1. (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

      Union

      0

      TAC

      Not relevant’;

    2. (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

      Union

      0

      TAC

      046
      46

      TAC set in accordance with consultations among the Union, Faroe Islands, Norway and Iceland.’;

    3. (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

      Union

      0

      TAC

      Not relevant’;

    4. (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

      2 550

      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

      2 550

      Union

      8 00047

      TAC

      Not relevant

      47

      Of which 2 900 tonnes are allocated to Norway.’;

    5. (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

      Union

      0

      TAC

      Not relevant’;

    6. (f)

      the entry for redfish in Icelandic waters of Va is replaced by the following:

      ‘SpeciesRedfishSebastes spp.

      ZoneIcelandic waters of Va(RED/05A-IS)

      Belgium

      04849

      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

      04849

      France

      04849

      United Kingdom

      04849

      Union

      04849

      TAC

      Not relevant

      48

      Including unavoidable by-catches (cod not allowed).

      49

      May only be fished between July and December 2012.’;

    7. (g)

      the entry for redfish in Faroese waters of Vb is replaced by the following:

      ‘SpeciesRedfishSebastes spp.

      ZoneFaroese waters Vb(RED/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

      United Kingdom

      0

      Union

      0

      TAC

      Not relevant’;

    8. (h)

      the entry for other species in Faroese waters of Vb is replaced by the following:

      ‘SpeciesOther species50

      ZoneFaroese 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

      Union

      0

      TAC

      Not relevant

      50

      Excluding fish species of no commercial value.’;

    9. (i)

      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

      Union

      0

      TAC

      Not relevant’.

  4. 4.

    Annex IC is amended as follows:

    1. (a)

      the entry for cod in NAFO 3M is replaced by the following:

      ‘SpeciesCodGadus morhua

      ZoneNAFO 3M(COD/N3M.)

      Estonia

      103

      Germany

      432

      Latvia

      103

      Lithuania

      103

      Poland

      35251

      Spain

      1 328

      France

      185

      Portugal

      1 82152

      United Kingdom

      865

      Union

      X15 29253

      TAC

      9 280

      51

      Out of this quota, a quantity of 133 tons is deducted following a transfer of fishing opportunity to a third country.

      52

      To this quota, an additional quantity of 131,5 tons is added following transfers of fishing opportunities with third countries.

      53

      Out of this quota, a quantity of 1,5 tons is deducted following transfers of fishing opportunities with third countries.’;

    2. (b)

      X2. . . . .

    3. (c)

      the entry for Northern prawn in NAFO 3L is replaced by the following

      ‘SpeciesNorthern prawnPandalus borealis

      ZoneNAFO 3L54(PRA/N3L.)

      Estonia

      134

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Latvia

      134

      Lithuania

      134

      Poland

      13455

      Spain

      105,5

      Portugal

      28,556

      Union

      67057

      TAC

      12 000

      54

      Not including the box bounded by the following coordinates:

      Point No

      Latitude N

      Longitude W

      1

      47° 20′ 0

      46° 40′ 0

      2

      47° 20′ 0

      46° 30′ 0

      3

      46° 00′ 0

      46° 30′ 0

      4

      46° 00′ 0

      46° 40′ 0

      55

      To this quota, an additional quantity of 266 tons is added following a transfer of fishing opportunity from a third country.

      56

      To this quota, an additional quantity of 133 tons is added following a transfer of fishing opportunity from a third country.

      57

      To this quota, an additional quantity of 399 tons is added following transfers of fishing opportunities from third countries.’;

    4. (d)

      the entry for Greenland halibut in NAFO 3LMNO is replaced by the following:

      ‘SpeciesGreenland halibutReinhardtius hippoglossoides

      ZoneNAFO 3LMNO(GHL/N3LMNO)

      Estonia

      328

      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

      335

      Latvia

      46

      Lithuania

      23

      Spain

      4 486

      Portugal

      1 87558

      Union

      7 09359

      TAC

      12 098

      58

      To this quota, an additional quantity of 10 tons is added following a transfer of fishing opportunity from a third country.

      59

      To this quota, an additional quantity of 10 tons is added following a transfer of fishing opportunity from a third country.’;

    5. (e)

      the entry for redfish in NAFO 3LN is replaced by the following

      ‘SpeciesRedfishSebastes spp.

      ZoneNAFO 3LN(RED/N3LN.)

      Estonia

      297

      Germany

      203

      Latvia

      297

      Lithuania

      297

      Portugal

      060

      Union

      1 09461

      TAC

      6 000

      60

      To this quota, an additional quantity of 454 tons is added following a transfer of fishing opportunity from a third country.

      61

      To this quota, an additional quantity of 454 tons is added following a transfer of fishing opportunity from a third country.’;

    6. (f)

      the entry of redfish in NAFO 3M is replaced by the following:

      ‘SpeciesRedfishSebastes spp.

      ZoneNAFO 3M(RED/N3M.)

      Estonia

      1 57162

      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

      51362

      Spain

      23362

      Latvia

      1 57162

      Lithuania

      1 57162

      Portugal

      2 3546263

      Union

      7 8136264

      TAC

      6 50062

      62

      This quota is subject to compliance with the TAC of 6 500 tonnes established for this stock for all NAFO Contracting Parties. Upon exhaustion of the TAC, the directed fishery for this stock must be stopped irrespective of the level of catches.

      63

      To this quota, an additional quantity of 675 tons is added following a transfer of fishing opportunity from a third country.

      64

      To this quota, an additional quantity of 675 tons is added following a transfer of fishing opportunity from a third country.’;

    7. (g)

      the entry for redfish in NAFO 3O is replaced by the following:

      ‘SpeciesRedfishSebastes spp.

      ZoneNAFO 3O(RED/N3O.)

      Spain

      1 771

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Portugal

      5 229

      Poland

      065

      Union

      7 00066

      TAC

      20 000

      65

      To this quota, an additional quantity of 150 tons is added following a transfer of fishing opportunity from a third country.

      66

      To this quota, an additional quantity of 150 tons is added following a transfer of fishing opportunity from a third country.’.

    8. (h)

      X3the entry for white hake in NAFO 3NO is replaced by the following:

      ‘SpeciesWhite hake Urophycis tenuis

      ZoneNAFO 3NO(HKW/N3NO.)

      Spain

      1 273

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Portugal

      1 667

      Union

      2 940

      TAC

      5 000’

  5. 5.

    Annex IJ is replaced by the following:

    ‘ANNEX IJ

    SPRFMO CONVENTION AREA

    SpeciesJack mackerelTrachurus murphyi

    ZoneSPRFMO Convention Area(CJM/SPRFMO)

    Germany

    6 790,5

    The Netherlands

    7 360,2

    Lithuania

    4 725

    Poland

    8 124,3

    Union

    27 000’.

  6. 6.

    X1In Annex VI, point 2 is replaced by the following:

    1. ‘2.

      Maximum number of EU vessels authorised to fish for swordfish and albacore in the IOTC Convention Area

      Member State

      Maximum number of vessels

      Capacity(gross tonnage)

      Spain

      27

      11 590

      France

      41

      5 382

      Portugal

      15

      6 925

      United Kingdom

      4

      1 400

      Union

      87

      25 297’