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 43/2012(1) and (EU) No 44/2012(2), 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Meeting that took place from 26 to 30 March in Guam (USA), the Western and Central Pacific Fisheries Commission (WCPFC) repealed, with immediate effect, its provisions on closed areas for purse-seine fisheries of bigeye tuna and yellowfin tuna in certain high seas areas.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 stocks(3).

(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 1 U.K. Amendments to Regulation (EU) No 43/2012

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

(1)

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

‘(g)

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

(2)

after Article 13 a new article is inserted as follows:

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

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

(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)

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

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

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

(1)

in Article 1, paragraphs 3 and 4 are deleted;

(2)

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

‘(g)

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

(3)

Article 32 is deleted;

(4)

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

‘(g)

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

(5)

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

Article 3 U.K. Entry 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 U.K.

PART A U.K.

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

1.

Part A is amended as follows:

(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’;

(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.

In Part B,

(a)

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

a Exclusively for by-catches. No directed fisheries are permitted.’;
‘SpeciesCodGadus morhua		ZoneKattegat(COD/03AS.)
Denmark	82a	Analytical TAC
Germany	2a
Sweden	49a
Union	133a
TAC	133a

(b)

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

a 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.’;
‘SpeciesMegrimsLepidorhombus spp.		ZoneVII(LEZ/07.)
Belgium	470a	Analytical TAC Article 11 of this Regulation applies.
Spain	5 216a
France	6 329a
Ireland	2 878a
United Kingdom	2 492a
Union	17 385
TAC	17 385

(c)

the entry for anglerfish VII is replaced by the following:

a Special condition: of which up to 5 % may be fished in VIIIa, VIIIb, VIIId and VIIIe (ANF/*8ABDE).
b 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.’;
‘SpeciesAnglerfishLophiidae		ZoneVII(ANF/07.)
Belgium	2 835a b	Analytical TAC Article 11 of this Regulation applies.
Germany	316a b
Spain	1 126a b
France	18 191a b
Ireland	2 325a b
The Netherlands	367a b
United Kingdom	5 517a b
Union	30 677a
TAC	30 677a

(d)

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

a 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.’;
‘SpeciesHaddockMelanogrammus aeglefinus		ZoneVIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1(HAD/7X7A34)
Belgium	185a	Analytical TAC Article 11 of this Regulation applies.
France	11 096a
Ireland	3 699a
United Kingdom	1 665a
Union	16 645
TAC	16 645

(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:

a 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.
b Within an overall TAC of 55 105 tonnes for the northern stock of hake.
c 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.
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’;
‘SpeciesHakeMerluccius merluccius		ZoneVI and VII; EU and international waters of Vb; international waters of XII and XIV(HKE/571214)
Belgium	284a c	Analytical TAC Article 11 of this Regulation applies.
Spain	9 109c
France	14 067a c
Ireland	1 704c
The Netherlands	183a c
United Kingdom	5 553a c
Union	30 900
TAC	30 900b

(f)

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

a 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.’.
‘SpeciesPlaicePleuronectes platessa		ZoneVIId and VIIe(PLE/7DE.)
Belgium	828a	Analytical TAC
France	2 761a
United Kingdom	1 473a
Union	5 062
TAC	5 062

PART B U.K.

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.

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

‘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:

(a)

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

(b)

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

(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 U.K.

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

1.

Annex I is amended as follows:

(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’;

(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.

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:

a Excluding waters within six nautical miles of UK baselines at Shetland, Fair Isle and Foula.
b 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.
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: c May be revised in accordance with Article 5(4) of this Regulation.’; ZoneEU waters of sandeel management areasa 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
‘SpeciesSandeel and associated by-catchesAmmodytes spp.		ZoneEU waters of IIa, IIIa and IVa(SAN/2A3A4.)
Denmark	34 072b	Analytical TAC
United Kingdom	745b
Germany	52b
Sweden	1 251b
Union	36 120
Norway	2 300
TAC	38 420

(b)

the entry for herring in EU and international waters of Vb, VIb and VIaN is replaced by the following:

a 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.’;
‘SpeciesHerringClupea harengus		ZoneEU and international waters of Vb, VIb and VIaNa(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

(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:

a Special condition: of which up to 68 % may be fished in Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1).
b 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.’;
‘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 370a	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 032a
Spain	8 791a b
France	7 217a
Ireland	8 030a
The Netherlands	12 645a
Portugal	817a b
Sweden	2 565a
United Kingdom	13 454a
Union	67 921a
Norway	30 000
TAC	391 000

(d)

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

a Exclusively for by-catches. No directed fisheries are permitted under this quota.
b To be fished in EU waters of IIa, IV, Vb, VI and VII (BLI/*24X7C).
c Special rules apply in accordance with Article 1 of Regulation (EC) No 1288/2009d and point 7 of Annex III to Regulation (EC) No 43/2009e.
d OJ L 347, 24.12.2009, p. 6.
e OJ L 22, 26.1.2009, p. 1.’;
‘SpeciesBlue lingMolva dypterygia		ZoneEU waters and international waters of Vb, VI, VII(BLI/5B67-)c
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	5a
Union	1 882
Norway	150b
TAC	2 032

(e)

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

a 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.
b 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.’;
‘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 140a b
TAC	14 164

(f)

[X1 the entry for mackerel in IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId is replaced by the following:]

a Special condition: including 242 tonnes to be taken in Norwegian waters south of 62° N (MAC/*04N-).
b 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.
c May also be taken in Norwegian waters of IVa (MAC/*4AN.).
d 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.).
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’;
‘SpeciesMackerelScomber scombrus		ZoneIIIa and IV; EU waters of IIa, IIIb, IIIc and Subdivisions 22-32(MAC/2A34.)
Belgium	512c	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 580c
Germany	534c
France	1 612c
The Netherlands	1 623c
Sweden	4 813a b c
United Kingdom	1 503c
Union	28 177a c
Norway	167 197d
TAC	Not relevant

(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:

a May be fished in IIa, VIa north of 56° 30′ N, IVa, VIId, VIIe, VIIf and VIIh (MAC/*AX7H).
b 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).
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’;
‘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 898a b
TAC	Not relevant

(h)

the entry for mackerel in VIIIc, IX and X; EU waters of CECAF 34.1.1 is replaced by the following:

a 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.
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’;
‘SpeciesMackerelScomber scombrus		ZoneVIIIc, IX and X; EU waters of CECAF 34.1.1(MAC/8C3411)
Spain	30 278a	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	201a
Portugal	6 258a
Union	36 737
TAC	Not relevant

(i)

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

a Catches taken in IIa (MAC/*02A.) and IVa (MAC/*4A.) to be reported separately.’;
‘SpeciesMackerelScomber scombrus		ZoneNorwegian waters of IIa and IVa(MAC/2A4A-N.)
Denmark	12 608a	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 608a
TAC	Not relevant

(j)

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

a Including sandeel.
b May only be fished in EU waters of IV (SPR/*04-C.).
c May be revised in accordance with Article 5(4) of this Regulation.
d 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).’;
‘SpeciesSprat and associated by-catchesSprattus sprattus		ZoneEU waters of IIa and IV(SPR/2AC4-C)
Belgium	1 737d	Precautionary TAC
Denmark	137 489d
Germany	1 737d
France	1 737d
The Netherlands	1 737d
Sweden	1 330a d
United Kingdom	5 733d
Union	151 500
Norway	10 000b
TAC	161 500c

(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:

a 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).
b 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.).
c 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).’.
‘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 702a c	Analytical TAC
Germany	12 251a b c
Spain	16 711c
France	6 306a b c
Ireland	40 803a c
The Netherlands	49 156a b c
Portugal	1 610c
Sweden	675a c
United Kingdom	14 775a b c
Union	157 989
TAC	157 989

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
Union	0
TAC	Not relevant’;

(b)

the entry for blue whiting in Faroese waters is replaced by the following:

a TAC set in accordance with consultations among the Union, Faroe Islands, Norway and Iceland.’;
‘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	0a

(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’;

(d)

the entry for northern prawn in Greenland waters of V and XIV is replaced by the following:

a Of which 2 900 tonnes are allocated to Norway.’;
‘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 000a
TAC	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
Union	0
TAC	Not relevant’;

(f)

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

a Including unavoidable by-catches (cod not allowed).
b May only be fished between July and December 2012.’;
‘SpeciesRedfishSebastes spp.		ZoneIcelandic waters of Va(RED/05A-IS)
Belgium	0a b	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	0a b
France	0a b
United Kingdom	0a b
Union	0a b
TAC	Not relevant

(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’;

(h)

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

a Excluding fish species of no commercial value.’;
‘SpeciesOther speciesa		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

(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.

Annex IC is amended as follows:

(a)

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

a Out of this quota, a quantity of 133 tons is deducted following a transfer of fishing opportunity to a third country.
b To this quota, an additional quantity of 131,5 tons is added following transfers of fishing opportunities with third countries.
c Out of this quota, a quantity of 1,5 tons is deducted following transfers of fishing opportunities with third countries.’;
‘SpeciesCodGadus morhua		ZoneNAFO 3M(COD/N3M.)
Estonia	103
Germany	432
Latvia	103
Lithuania	103
Poland	352a
Spain	1 328
France	185
Portugal	1 821b
United Kingdom	865
Union	[X1 5 292] c
TAC	9 280

(b)

[X2 . . . . .]

(c)

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

a 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
b To this quota, an additional quantity of 266 tons is added following a transfer of fishing opportunity from a third country.
c To this quota, an additional quantity of 133 tons is added following a transfer of fishing opportunity from a third country.
d To this quota, an additional quantity of 399 tons is added following transfers of fishing opportunities from third countries.’;
‘SpeciesNorthern prawnPandalus borealis		ZoneNAFO 3La(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	134b
Spain	105,5
Portugal	28,5c
Union	670d
TAC	12 000

(d)

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

a To this quota, an additional quantity of 10 tons is added following a transfer of fishing opportunity from a third country.
b To this quota, an additional quantity of 10 tons is added following a transfer of fishing opportunity from a third country.’;
‘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 875a
Union	7 093b
TAC	12 098

(e)

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

a To this quota, an additional quantity of 454 tons is added following a transfer of fishing opportunity from a third country.
b To this quota, an additional quantity of 454 tons is added following a transfer of fishing opportunity from a third country.’;
‘SpeciesRedfishSebastes spp.		ZoneNAFO 3LN(RED/N3LN.)
Estonia	297
Germany	203
Latvia	297
Lithuania	297
Portugal	0a
Union	1 094b
TAC	6 000

(f)

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

a 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.
b To this quota, an additional quantity of 675 tons is added following a transfer of fishing opportunity from a third country.
c To this quota, an additional quantity of 675 tons is added following a transfer of fishing opportunity from a third country.’;
‘SpeciesRedfishSebastes spp.		ZoneNAFO 3M(RED/N3M.)
Estonia	1 571a	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	513a
Spain	233a
Latvia	1 571a
Lithuania	1 571a
Portugal	2 354a b
Union	7 813a c
TAC	6 500a

(g)

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

a To this quota, an additional quantity of 150 tons is added following a transfer of fishing opportunity from a third country.
b To this quota, an additional quantity of 150 tons is added following a transfer of fishing opportunity from a third country.’.
‘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	0a
Union	7 000b
TAC	20 000

(h)

[X3 the entry for white hake in NAFO 3NO is replaced by the following:

‘Species White hake Urophycis tenuis		Zone NAFO 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.

Annex IJ is replaced by the following:

‘ANNEX IJ U.K.

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.

[X1 In Annex VI, point 2 is replaced by the following:

‘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’ ]

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 203 of 31 July 2012).

X2 Deleted by Corrigendum to 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 (Official Journal of the European Union L 203 of 31 July 2012).

X3 Inserted by Corrigendum to 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 (Official Journal of the European Union L 203 of 31 July 2012).

(1)

OJ L 25, 27.1.2012, p. 1.

(2)

OJ L 25, 27.1.2012, p. 55.

(3)

OJ L 348, 24.12.2008, p. 20.