Regulation (EU) No 40/2013 is amended as follows:

1. (1)

   the following Article is inserted:

   ‘Article 6aFlexibility in the fixing of fishing opportunities of certain stocks

   1.

   This Article shall apply to the following stocks:

   (a)

   haddock in zone IV, EU waters of IIa;

   (b)

   blue whiting in EU and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV;

   (c)

   mackerel in zones IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId;

   (d)

   mackerel in areas VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV;

   (e)

   mackerel in zones VIIIc, IX and X; EU waters of CECAF 34.1.1;

   (f)

   mackerel in Norwegian waters of IIa and IVa;

   (g)

   herring in EU, Norwegian and international waters of I and II.

   2.

   For any of the stocks identified in paragraph 1, a Member State may opt to increase its initial set in Annex I quota by up to 10 %. The Member State concerned shall notify its decision to the Commission in writing. Upon such notification, the increased quota shall be considered as the quota allocated to that Member State for 2013.

   3.

   Any quantities used in 2013 under such increased quota, that exceed the initial quota, shall be deducted on a tonne-for-tonne basis for the purpose of calculating the quota of the Member State concerned for the relevant stock for 2014.

   4.

   Any quantities not used under the initial quota up to 10 % of that quota shall be added for the purpose of calculating the quota of the Member State concerned for the relevant stock for 2014.

   5.

   Any quantities transferred to other Member States pursuant to Article 20(5) of Regulation (EC) No 2371/2002 as well as any quantities deducted pursuant to Articles 37, 105 and 107 of Regulation (EC) No 1224/2009 shall be taken into account for the purpose of establishing quantities used and quantities not used under paragraphs 3 and 4 of this Article.

   6.

   Where a Member States has used the option in paragraph 2 of this Article in respect of a particular stock, Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply to such stock in respect of that Member State.’;

2. (2)

   in Article 10(2), the words ‘Annex I to’ are deleted;

3. (3)

   Article 23 is replaced by the following:

   ‘Article 23Sharks

   1.

   Retaining on board, transshipping or landing any part or whole carcass of thresher sharks of all the species of the family Alopiidae in any fishery shall be prohibited.

   2.

   Retaining on board, transshipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) in any fishery shall be prohibited, except for vessels under 24 metres overall length engaged solely in fishing operations within the Exclusive Economic Zone of the Member State whose flag they fly, and provided that their catch is destined solely for local consumption.

   3.

   When accidentally caught, species referred to in paragraph 1 and 2 shall not be harmed. Specimens shall be promptly released.’;

4. (4)

   Article 29 is replaced by the following:

   ‘Article 29Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore fisheries

   1.

   Member States shall ensure that the number of fishing days allocated to purse-seine vessels fishing for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares) and skipjack tuna (Katsuwonus pelamis) in the part of the WCPFC Convention Area in the high seas and located between 20° N and 20° S does not increase.

   2.

   EU vessels shall not target south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area south of 20° S.’.

5. (5)

   Annex IA is amended in accordance with the text set out in Annex IV to this Regulation.

6. (6)

   Annex ID is amended in accordance with the text set out in Annex V to this Regulation.

7. (7)

   Annex IIA is amended in accordance with the text set out in Annex VI to this Regulation.

8. (8)

   Annex IV is amended in accordance with the text set out in Annex VII to this Regulation.

9. (9)

   Annex VI is amended in accordance with the text set out in Annex VIII to this Regulation.