Council Regulation (EU) 2016/458Show full title

Council Regulation (EU) 2016/458

of 30 March 2016

amending Regulation (EU) 2016/72 as regards certain fishing opportunities

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Council Regulation (EU) 2016/72(1) fixes for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and, for Union vessels, in certain non-Union waters.

(2) Regulation (EU) 2016/72 fixes the total allowable catch (TAC) for sandeel at zero. Sandeel is a short-lived species and scientific advice only became available on 22 February, while the fishery starts in April. The catch limits for this species should now be amended in line with the scientific advice from the International Council for the Exploration of the Sea (ICES). According to ICES, real-time monitoring is scientifically suitable for establishing the abundance of sandeel in management area 1, and results could be used to re-evaluate that scientific advice and to set an in-year TAC. However, that requires sufficient data (catches and biological sampling). The catch limit for sandeel in management area 1 should thus be set at a level allowing the collection of sufficient data on stock abundance.

(3) According to the scientific advice from ICES, catches of small-eyed ray within ICES divisions VIId and VIIe-k and of blonde ray within ICES subarea IV should be reduced. As a consequence, local management measures limiting catches and providing better scientific information should be developed. ICES advised that in divisions VIIf and VIIg catches of small-eyed ray should be limited to no more than 188 tonnes. Therefore, it is appropriate to modify the corresponding fishing opportunities tables to allow for such catches and landings and to adapt the reporting provisions accordingly.

(4) According to the scientific advice from ICES, the total catches for horse mackerel and associated by-catches in Union waters of ICES divisions IIa and IVa, subarea VI, divisions VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe, Union and international waters of Vb and international waters of subareas XII and XIV should be fixed at 108 868 tonnes. Therefore, it is appropriate to correct the initial TAC in the fishing opportunities table in order to allow for an increased level of catches corresponding to the scientific advice from ICES.

(5) Annex IB to Regulation (EU) 2016/72 provides that the fishing opportunities table for by-catches in Greenland waters should be corrected to allow for proper reporting of those by-catches.

(6) In the light of consultations with Norway, it is appropriate to allocate 25 000 tonnes of blue whiting to Norway in exchange for Arctic cod and haddock, ling and some other species.

(7) The quota allocations for cod in ICES subarea I and division IIb established in Annex IB to Regulation (EU) 2016/72 should be corrected to respect the quota distribution set out in Council Decision 87/277/EEC(2).

(8) A reporting code needs to be included in Annex IF to Regulation (EU) 2016/72 for by-catches of orange roughy in SEAFO Sub-Division B1.

(9) At its fourth annual meeting in 2016, the South Pacific Regional Fisheries Management Organisation (SPRFMO) fixed a TAC for jack mackerel. That measure should be implemented in the Union law.

(10) An error should be corrected in Appendix I to Annex IIa to Regulation (EU) 2016/72 regarding the maximum allowable fishing effort in kilowatt days for the Netherlands in the North Sea for the regulated gear BT1.

(11) The number of fishing authorisations to be granted to Venezuela for vessels fishing for snappers in French Guiana waters and the maximum number of vessels that may be present at any time need to be established in Annex VIII to Regulation (EU) 2016/72.

(12) The catch limits provided for in Regulation (EU) 2016/72 apply from 1 January 2016. 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 have not yet been exhausted.

(13) Regulation (EU) 2016/72 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

(1)

Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2015/104 (OJ L 22, 28.1.2016, p. 1).

(2)

Council Decision 87/277/EEC of 18 May 1987 on the allocation of the catch possibilities for cod in the Spitsbergen and Bear Island area and in Division 3M as defined in the NAFO Convention (OJ L 135, 23.5.1987, p. 29).