Council Regulation (EU) No 315/2014

of 24 March 2014

amending Regulation (EU) No 43/2014 as regards certain catch limits

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)
Catch limits for sandeel in Union waters of ICES zones IIa, IIIa and IV were set at zero in Annex IA to Council Regulation (EU) No 43/20141, pending advice from the International Council for the Exploration of the Sea (ICES).
(2)

ICES advice on the stock has been available since 21 February 2014, and it is now possible to set a TAC for sandeel in this area, distributed in seven management areas in order to avoid local depletion.

(3)
Fishing opportunities for Union vessels in Norwegian and Faroese waters and for Norwegian and Faroese vessels in Union waters, and the conditions of access to fishery resources in each other’s waters, are established each year in the light of consultations on fishing rights held in accordance with the bilateral agreements on fisheries with Norway2 and the Faroe Islands3, respectively. Pending the conclusion of those consultations on the arrangements for 2014, Regulation (EU) No 43/2014 fixed provisional fishing opportunities for certain stocks of blue whiting. On 12 March 2014, the consultations with Norway and the Faroe Islands were concluded, including those related to blue whiting.
(4)

Annex IA to Regulation (EU) No 43/2014 should therefore be amended accordingly.

(5)

The catch limits provided for in Regulation (EU) No 43/2014 apply from 1 January 2014. The provisions of this Regulation concerning catch limits should therefore also apply from that date. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned were set to zero in the Regulation (EU) No 43/2014. Since the modification of this catch limit has 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,

HAS ADOPTED THIS REGULATION:

Article 1Amendment to Regulation (EU) No 43/2014

Annex IA to Regulation (EU) No 43/2014 is amended in accordance with the text set out in Annex to this Regulation.

Article 2Entry into force and application

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

It shall apply from 1 January 2014.

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

Done at Brussels, 24 March 2014.

For the Council

The President

A.. Tsaftaris

ANNEX

Annex IA to Regulation (EU) No 43/2014 is amended as follows:

  1. (a)

    the entry for Sandeel in Union waters of ICES zones IIa, IIIa and IV is replaced by the following:

    ‘SpeciesSandeelAmmodytes spp.

    ZoneUnion waters of IIa, IIIa and IV4

    Denmark

    195 4715

    Analytical TAC

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

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

    United Kingdom

    4 2735

    Germany

    2985

    Sweden

    7 1775

    Union

    207 219

    TAC

    207 219

    4

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

    5

    At least 98 % of landings counted against this quota shall be of sandeel. By-catches of dab, mackerel and whiting to be counted against the remaining 2 % of the quota (OT1/*2A3A4).

    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 IID:

    ZoneUnion waters of sandeel management areas

    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

    53 769

    4 717

    132 062

    4 717

    0

    206

    0

    United Kingdom

    1 175

    103

    2 887

    103

    0

    5

    0

    Germany

    82

    7

    202

    7

    0

    0

    0

    Sweden

    1 974

    173

    4 849

    173

    0

    8

    0

    Union

    57 000

    5 000

    140 000

    5 000

    0

    219

    0

    Total

    57 000

    5 000

    140 000

    5 000

    0

    219

    0’

  2. (b)

    the entry for blue whiting in Norwegian waters of II and IV is replaced by the following:

    ‘SpeciesBlue whitingMicromesistius poutassou

    ZoneNorwegian waters of II and IV(WHB/24-N.)

    Denmark

    0

    Analytical TAC

    United Kingdom

    0

    Union

    0

    TAC

    1 200 000’

  3. (c)

    the entry for blue whiting in Union 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

    ZoneUnion and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV(WHB/1X14)

    Denmark

    28 3257

    Analytical TAC

    Germany

    11 0137

    Spain

    24 01378

    France

    19 7127

    Ireland

    21 9347

    The Netherlands

    34 5397

    Portugal

    2 23178

    Sweden

    7 0077

    United Kingdom

    36 7517

    Union

    185 52579

    Norway

    100 000

    Faroe Islands

    15 000

    TAC

    1 200 000

    7

    Special condition: of which up to the following percentage may be fished in Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1): 0 %

    8

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

    9

    Special condition: of which up to the following quantity may be fished in Faroese waters (WHB/*05-F.): 25 000’;

  4. (d)

    the entry for blue whiting in VIIIc, IX and X; Union waters of CECAF 34.1.1 is replaced by the following:

    ‘SpeciesBlue whitingMicromesistius poutassou

    ZoneVIIIc, IX and X; Union waters of CECAF 34.1.1(WHB/8C3411)

    Spain

    24 658

    Analytical TAC

    Portugal

    6 165

    Union

    30 82310

    TAC

    1 200 000

    10

    Special condition: of which up to the following percentage may be fished in Norwegian EEZ or in the fishery zone around Jan Mayen (WHB/*NZJM2): 0 %’;

  5. (e)

    the entry for blue whiting in Union waters of II, IVa, V, VI north of 56° 30′ N and VII west of 12° W is replaced by the following:

    ‘SpeciesBlue whitingMicromesistius poutassou

    ZoneUnion waters of II, IVa, V, VI north of 56° 30′ N and VII west of 12° W(WHB/24A567)

    Norway

    01112

    Analytical TAC

    Faroe Islands

    25 0001314

    TAC

    1 200 000

    11

    To be counted against Norway’s catch limits established under the Coastal States arrangement.

    12

    Special condition: the catch in IV shall be no more than the following amount (WHB/*04A-C): 0

    This catch limit in IV amounts to the following percentage of Norway’s access quota: 0 %

    13

    To be counted against the catch limits of the Faroe Islands.

    14

    Special conditions: may also be fished in VIb (WHB/*06B-C). The catch in IVa shall be no more than 6 250 tonnes (WHB/*04A-C).’