Council Regulation (EU) 2018/511

of 23 March 2018

amending Regulation (EU) 2018/120 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) 2018/1201 fixes the fishing opportunities for 2018 for certain fish stocks and groups of fish stocks applicable in Union waters and, for Union vessels, in certain non-Union waters.
(2)

Certain reporting codes should be modified in order to allow for accurate reporting of catches. Certain references to the footnotes and their wording should be corrected.

(3)

In Regulation (EU) 2018/120, the total allowable catch (TAC) for sandeel in ICES divisions 2a and 3a and ICES subarea 4 was set at zero. Sandeel is a short-lived species and the relevant scientific advice becomes available in the second half of February, while fishing activities start in April.

(4)

The catch limits for sandeel in ICES divisions 2a and 3a and ICES subarea 4 should now be amended in line with the latest scientific advice from the International Council for the Exploration of the Sea (ICES), issued on 23 February 2018.

(5)

For sandeel fisheries, ICES divisions 2a and 3a and ICES subarea 4 are divided into management areas, on the basis of scientific advice. Management area 3r is mainly located in Norwegian waters. However, it also includes Union waters, and some important fishing banks straddled across management areas 2r and 3r. ICES advice sets out that on average 8 % of catches in management area 3r are taken in Union waters. Catch limits for Union waters of management area 3r should be established in accordance with that advice.

(6)

The TAC for cod in ICES subarea 1 and division 2b should be amended to correctly reflect the fishing opportunities available for Union vessels in that area.

(7)

The maximum number of longliners allowed for Malta in the ICCAT Convention area that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean should be amended, to take account of the increased number of vessels that are so authorised.

(8)

Regulation (EU) 2018/120 should therefore be amended accordingly.

(9)

The catch limits provided for in Regulation (EU) 2018/120 apply from 1 January 2018. The provisions introduced by 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,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes IA, IB and IV to Regulation (EU) 2018/120 are amended in accordance with the Annex to this Regulation.

Article 2

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 2018.

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

Done at Brussels, 23 March 2018.

For the Council

The President

E. Zaharieva

ANNEX

1.Annex IA is amended as follows:

  1. (a)

    the fishing opportunities table for sandeel and associated by-catches in Union waters of 2a, 3a and 4 is replaced by the following:

    ‘Species:

    Sandeel and associated by-catchesAmmodytes spp.

    Zone:

    Union waters of 2a, 3a and 42

    Denmark

    195 8753

    United Kingdom

    4 2823

    Germany

    3003

    Sweden

    7 1933

    Union

    207 650

    TAC

    207 650

    Analytical TAC

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

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

    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

    1r

    2r5

    3r

    4

    5r

    6

    7r

    (SAN/234_1R)

    (SAN/234_2R)

    (SAN/234_3R)

    (SAN/234_4)

    (SAN/234_5R)

    (SAN/234_6)

    (SAN/234_7R)

    Denmark

    126 837

    4 717

    8 177

    55 979

    0

    165

    0

    United Kingdom

    2 772

    103

    179

    1 224

    0

    4

    0

    Germany

    194

    7

    13

    86

    0

    0

    0

    Sweden

    4 658

    173

    300

    2 056

    0

    6

    0

    Union

    134 461

    5 000

    8 669

    59 345

    0

    175

    0

    Total

    134 461

    5 000

    8 669

    59 345

    0

    175

    0

    5

    In management area 2r the TAC may only be fished as a monitoring TAC with an associated sampling protocol for the fishery.’

    2

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

    3

    Up to 2 % of the quota may consist of by-catches of whiting and mackerel (OT1/*2A3A4). By-catches of whiting and mackerel counted against the quota pursuant to this provision and by-catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/2013 shall, together, not exceed 9 % of the quota.

    5

    In management area 2r the TAC may only be fished as a monitoring TAC with an associated sampling protocol for the fishery.’

  2. (b)

    the fishing opportunities table for greater silver smelt in Union waters of 3a and 4 is replaced by the following:

    ‘Species:

    Greater silver smeltArgentina silus

    Zone:

    Union waters of 3a and 4(ARU/3A4-C)

    Denmark

    1 093

    Germany

    11

    France

    8

    Ireland

    8

    The Netherlands

    51

    Sweden

    43

    United Kingdom

    20

    Union

    1 234

    TAC

    1 234

    Precautionary TAC’

  3. (c)

    the fishing oportunities table for tusk in 3a is replaced by the following:

    ‘Species:

    TuskBrosme brosme

    Zone:

    3a(USK/03A.)

    Denmark

    15

    Sweden

    8

    Germany

    8

    Union

    31

    TAC

    31

    Precautionary TAC

    Article 7(2) of this Regulation applies’

  4. (d)

    the fishing opportunities table for tusk in Union and international waters of 5, 6 and 7 is replaced by the following:

    ‘Species:

    TuskBrosme brosme

    Zone:

    Union and international waters of 5, 6 and 7(USK/567EI.)

    Germany

    17

    Spain

    60

    France

    705

    Ireland

    68

    United Kingdom

    340

    Others

    176

    Union

    1 207

    Norway

    2 92378910

    TAC

    4 130

    Precautionary TAC

    Article 12(1) of this Regulation applies

    Article 7(2) of this Regulation applies

    6

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

    7

    To be fished in Union waters of 2a, 4, 5b, 6 and 7 (USK/*24X7C).

    8

    Special condition: of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in 5b, 6 and 7. 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 5b, 6 and 7 shall not exceed the following amount, in tonnes (OTH/*5B67-): 3 000. By-catch of cod under this provision in area 6a may not be more than 5 %.

    9

    Including ling. The following quotas for Norway shall only be fished with long-lines in 5b, 6 and 7:

    Ling (LIN/*5B67-)

    7 500

    Tusk (USK/*5B67-)

    2 923.

    10

    The tusk and ling quotas for Norway are interchangeable up to the following amount, in tonnes: 2 000.’

  5. (e)

    the fishing opportunities table for haddock in 3a is replaced by the following:

    ‘Species:

    HaddockMelanogrammus aeglefinus

    Zone:

    3a(HAD/03A.)

    Belgium

    12

    Denmark

    2 070

    Germany

    132

    The Netherlands

    2

    Sweden

    245

    Union

    2 461

    TAC

    2 569

    Analytical TAC’

  6. (f)

    the fishing opportunities table for hake in 3a is replaced by the following:

    ‘Species:

    HakeMerluccius merluccius

    Zone:

    3a(HKE/03A.)

    Denmark

    2 89011

    Sweden

    24611

    Union

    3 136

    TAC

    3 13612

    Analytical TAC

    Article 7(2) of this Regulation applies

    11

    Transfers of this quota may be effected to Union waters of 2a and 4. However, such transfers shall be notified in advance to the Commission.

    12

    Within the following overall TAC for the northern stock of hake: 111 785.’

  7. (g)

    the fishing opportunities table for blue whiting in Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 is replaced by the following:

    ‘Species:

    Blue whitingMicromesistius poutassou

    Zone:

    Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14(WHB/1X14)

    Denmark

    61 27713

    Germany

    23 82513

    Spain

    51 9491314

    France

    42 64413

    Ireland

    47 45113

    The Netherlands

    74 72013

    Portugal

    4 8261314

    Sweden

    15 15813

    United Kingdom

    79 51313

    Union

    401 3631315

    Norway

    110 000

    Faroe Islands

    10 000

    TAC

    Not relevant

    Analytical TAC

    Article 7(2) of this Regulation applies

    13

    Special condition: within a total access quantity of 21 500 tonnes for the Union, Member States may fish up to the following percentage of their quotas in Faroese waters (WHB/*05-F.): 9,2 %.

    14

    Transfers of this quota may be effected to 8c, 9 and 10; Union waters of CECAF 34.1.1. However, such transfers shall be notified in advance to the Commission.

    15

    Special condition: from the EU quotas in Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 (WHB/*NZJM1) and in 8c, 9 and 10; Union waters of CECAF 34.1.1 (WHB/*NZJM2), the following quantity may be fished in the Norwegian Economic Zone or in the fishery zone around Jan Mayen: 227 975.’

  8. (h)

    the fishing opportunities table for blue ling in Union and international waters of 3a is replaced by the following:

    ‘Species:

    Blue lingMolva dypterygia

    Zone:

    Union and international waters of 3a(BLI/03A-)

    Denmark

    3

    Germany

    2

    Sweden

    3

    Union

    8

    TAC

    8

    Precautionary TAC’

  9. (i)

    the fishing opportunities table for ling in Union waters of 3a is replaced by the following:

    ‘Species:

    LingMolva molva

    Zone:

    Union waters of 3a(LIN/03A.)

    Belgium

    6

    Denmark

    50

    Germany

    6

    Sweden

    19

    United Kingdom

    6

    Union

    87

    TAC

    87

    Precautionary TAC’

  10. (j)

    the fishing opportunities table for ling in Union and international waters of 6, 7, 8, 9, 10, 12 and 14 is replaced by the following:

    ‘Species:

    LingMolva molva

    Zone:

    Union and international waters of 6, 7, 8, 9, 10, 12 and 14(LIN/6X14.)

    Belgium

    4816

    Denmark

    816

    Germany

    17316

    Spain

    3 498

    France

    3 73016

    Ireland

    935

    Portugal

    8

    United Kingdom

    4 29616

    Union

    12 696

    Norway

    7 500171819

    Faroe Islands

    2002021

    TAC

    20 396

    Precautionary TAC

    Article 12(1) of this Regulation applies

    16

    Special condition: not more than 15 % of this quota may be fished in Union waters of 4 (LIN/*04-C.).

    17

    Special condition: of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in 5b, 6 and 7. 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 5b, 6 and 7 shall not exceed the following amount, in tonnes (OTH/*6X14.): 3 000. By-catch of cod under this provision in area 6a may not be more than 5 %.

    18

    Including tusk. The quotas for Norway shall only be fished with long-lines in 5b, 6 and 7, and they amount to:

    Ling (LIN/*5B67-)

    7 500

    Tusk (USK/*5B67-)

    2 923.

    19

    The ling and tusk quotas for Norway are interchangeable up to the following amount, in tonnes: 2 000.

    20

    Including tusk. To be fished in 6b and 6a north of 56° 30′ N (LIN/*6BAN.).

    21

    Special condition: of which an incidental catch of other species of 20 % per ship, at any moment, is authorised in 6a and 6b. 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 6a and 6b shall not exceed the following amount, in tonnes (OTH/*6AB.): 75.’

  11. (k)

    the fishing opportunities table for Norway lobster in 3a is replaced by the following:

    ‘Species:

    Norway lobsterNephrops norvegicus

    Zone:

    3a(NEP/03A.)

    Denmark

    8 626

    Germany

    25

    Sweden

    3 087

    Union

    11 738

    TAC

    11 738

    Analytical TAC

    Article 7(2) of this Regulation applies’

  12. (l)

    in footnote 3 of the fishing opportunities table for skates and rays in Union waters of 6a, 6b, 7a-c and 7e-k the reporting code ‘(RJE/7FG)’ is replaced by ‘(RJE/7FG.)’;

  13. (m)

    the fishing opportunities table for common sole in 3a and Union waters of Subdivisions 22-24 is replaced by the following:

    ‘Species:

    Common soleSolea solea

    Zone:

    3a; Union waters of Subdivisions 22-24(SOL/3ABC24)

    Denmark

    376

    Germany

    2222

    The Netherlands

    3622

    Sweden

    14

    Union

    448

    TAC

    448

    Analytical TAC

    22

    Quota may be fished in Union waters of 3a, Subdivisions 22-24 only.’

  14. (n)

    the fishing opportunities table for horse mackerel and associated by-catches in Union waters of 4b, 4c and 7d is replaced by the following:

    ‘Species:

    Horse mackerel and associated by-catchesTrachurus spp.

    Zone:

    Union waters of 4b, 4c and 7d(JAX/4BC7D)

    Belgium

    1423

    Denmark

    5 98523

    Germany

    5292324

    Spain

    11123

    France

    4972324

    Ireland

    37623

    The Netherlands

    3 6042324

    Portugal

    1323

    Sweden

    7523

    United Kingdom

    1 4252324

    Union

    12 629

    Norway

    2 55025

    TAC

    15 179

    Precautionary TAC

    23

    Up to 5 % of the quota may consist of by-catches of boarfish, haddock, whiting and mackerel (OTH/*4BC7D). By-catches of boarfish, haddock, whiting and mackerel counted against the quota pursuant to this provision and by-catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/2013 shall, together, not exceed 9 % of the quota.

    24

    Special condition: up to 5 % of this quota fished in division 7d may be accounted for as fished under the quota concerning the following zone: Union waters of 2a, 4a, 6, 7a-c, 7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 (JAX/*2A-14).

    25

    May be fished in Union waters of 4a but may not be fished in Union waters of 7d (JAX/*04-C.).’

2.Annex IB is amended as follows:

  1. (a)

    the fishing opportunities table for cod in 1 and 2b is replaced by the following:

    ‘Species:

    CodGadus morhua

    Zone:

    1 and 2b(COD/1/2B.)

    Germany

    5 40928

    Spain

    12 04728

    France

    2 46128

    Poland

    2 35928

    Portugal

    2 47228

    United Kingdom

    3 55228

    Other Member States

    3902628

    Union

    28 69027

    TAC

    Not relevant

    Analytical TAC

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

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

    28

    By-catches of haddock may represent up to 14 % per haul. The by-catch quantities of haddock are in addition to the quota for cod.’

    26

    Except Germany, Spain, France, Poland, Portugal and the United Kingdom.

    27

    The allocation of the share of the cod stock available to the Union in the zone Spitzbergen and Bear Island and the associated by-catches of haddock are entirely without prejudice to the rights and obligations deriving from the 1920 Treaty of Paris.

  2. (b)

    the fishing opportunities table for redfish (pelagic) in Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14 is replaced by the following:

    ‘Species:

    Redfish (pelagic)Sebastes spp.

    Zone:

    Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14(RED/N1G14P)

    Germany

    858293031

    France

    4293031

    United Kingdom

    6293031

    Union

    868293031

    Norway

    6282930

    Faroe Islands

    0293032

    TAC

    Not relevant

    Analytical TAC

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

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

    29

    May only be fished from 10 May to 31 December.

    30

    May only be fished in Greenland waters within the Redfish Conservation Area bounded by the lines joining the following coordinates:

    Point

    Latitude

    Longitude

    1

    64° 45′ N

    28° 30′ W

    2

    62° 50′ N

    25° 45′ W

    3

    61° 55′ N

    26° 45′ W

    4

    61° 00′ N

    26° 30′ W

    5

    59° 00′ N

    30° 00′ W

    6

    59° 00′ N

    34° 00′ W

    7

    61° 30′ N

    34° 00′ W

    8

    62° 50′ N

    36° 00′ W

    9

    64° 45′ N

    28° 30′ W

    31

    Special condition: this quota may also be fished in international waters of the Redfish Conservation Area mentioned above (RED/*5-14P).

    32

    May only be fished in Greenland Waters of 5 and 14 (RED/*514GN).’

3.In Annex IV, point 4, table A is replaced by the following:

‘Table A
Number of fishing vessels33
Cyprus34
Greece35

Croatia

Italy

France

Spain

Malta36

Purse Seiners

1

1

16

12

20

6

1

Longliners

2037

0

0

30

8

31

54

Baitboat

0

0

0

0

37

60

0

Handline

0

0

12

0

3338

2

0

Trawler

0

0

0

0

57

0

0

Other artisanal39

0

42

0

0

118

184

0’

33

The numbers shown in sections 1, 2 and 3 may decrease in order to comply with international obligations of the Union.

34

One medium size purse seiner may be replaced by no more than 10 longline vessels or one small purse seiner and no more than three longline vessels.

35

One medium size purse seiner may be replaced by no more than 10 longline vessels or one small size purse seine vessel and three other artisanal vessels.

36

One medium size purse seiner may be replaced by no more than 10 longline vessels.

37

Polyvalent vessels, using multi-gear equipment.

38

Line vessels operating in the Atlantic.

39

Polyvalent vessels, using multi-gear equipment (longline, handline, trolling line).