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) 2018/120(1) 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:

(a)

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

a Excluding waters within six nautical miles of the UK baselines at Shetland, Fair Isle and Foula.
b 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.
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: c In management area 2r the TAC may only be fished as a monitoring TAC with an associated sampling protocol for the fishery.’ ZoneUnion waters of sandeel management areas 1r 2ra 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
‘Species:	Sandeel and associated by-catchesAmmodytes spp.		Zone:	Union waters of 2a, 3a and 4a
Denmark		195 875b
United Kingdom		4 282b
Germany		300b
Sweden		7 193b
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

(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’

(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’

(d)

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

a Exclusively for by-catches. No directed fisheries are permitted under this quota.
b To be fished in Union waters of 2a, 4, 5b, 6 and 7 (USK/*24X7C).
c 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 %.
d 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.
e The tusk and ling quotas for Norway are interchangeable up to the following amount, in tonnes: 2 000.’
‘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		17a
Union		1 207
Norway		2 923b c d e
TAC		4 130		Precautionary TAC Article 12(1) of this Regulation applies Article 7(2) of this Regulation applies

(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’

(f)

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

a 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.
b Within the following overall TAC for the northern stock of hake: 111 785.’
‘Species:	HakeMerluccius merluccius		Zone:	3a(HKE/03A.)
Denmark		2 890a
Sweden		246a
Union		3 136
TAC		3 136b		Analytical TAC Article 7(2) of this Regulation applies

(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:

a 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 %.
b 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.
c 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.’
‘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 277a
Germany		23 825a
Spain		51 949a b
France		42 644a
Ireland		47 451a
The Netherlands		74 720a
Portugal		4 826a b
Sweden		15 158a
United Kingdom		79 513a
Union		401 363a c
Norway		110 000
Faroe Islands		10 000
TAC		Not relevant		Analytical TAC Article 7(2) of this Regulation applies

(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’

(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’

(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:

a Special condition: not more than 15 % of this quota may be fished in Union waters of 4 (LIN/*04-C.).
b 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 %.
c 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.
d The ling and tusk quotas for Norway are interchangeable up to the following amount, in tonnes: 2 000.
e Including tusk. To be fished in 6b and 6a north of 56° 30′ N (LIN/*6BAN.).
f 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.’
‘Species:	LingMolva molva		Zone:	Union and international waters of 6, 7, 8, 9, 10, 12 and 14(LIN/6X14.)
Belgium		48a
Denmark		8a
Germany		173a
Spain		3 498
France		3 730a
Ireland		935
Portugal		8
United Kingdom		4 296a
Union		12 696
Norway		7 500b c d
Faroe Islands		200e f
TAC		20 396		Precautionary TAC Article 12(1) of this Regulation applies

(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’

(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.)’;

(m)

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

a Quota may be fished in Union waters of 3a, Subdivisions 22-24 only.’
‘Species:	Common soleSolea solea		Zone:	3a; Union waters of Subdivisions 22-24(SOL/3ABC24)
Denmark		376
Germany		22a
The Netherlands		36a
Sweden		14
Union		448
TAC		448		Analytical TAC

(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:

a 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.
b 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).
c May be fished in Union waters of 4a but may not be fished in Union waters of 7d (JAX/*04-C.).’
‘Species:	Horse mackerel and associated by-catchesTrachurus spp.		Zone:	Union waters of 4b, 4c and 7d(JAX/4BC7D)
Belgium		14a
Denmark		5 985a
Germany		529a b
Spain		111a
France		497a b
Ireland		376a
The Netherlands		3 604a b
Portugal		13a
Sweden		75a
United Kingdom		1 425a b
Union		12 629
Norway		2 550c
TAC		15 179		Precautionary TAC

2. Annex IB is amended as follows:

(a)

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

a Except Germany, Spain, France, Poland, Portugal and the United Kingdom.
b 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.
c 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.’
‘Species:	CodGadus morhua		Zone:	1 and 2b(COD/1/2B.)
Germany		5 409c
Spain		12 047c
France		2 461c
Poland		2 359c
Portugal		2 472c
United Kingdom		3 552c
Other Member States		390a c
Union		28 690b
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

(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:

a May only be fished from 10 May to 31 December.
b 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
c Special condition: this quota may also be fished in international waters of the Redfish Conservation Area mentioned above (RED/*5-14P).
d May only be fished in Greenland Waters of 5 and 14 (RED/*514GN).’
‘Species:	Redfish (pelagic)Sebastes spp.		Zone:	Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14(RED/N1G14P)
Germany		858a b c
France		4a b c
United Kingdom		6a b c
Union		868a b c
Norway		628a b
Faroe Islands		0a b d
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

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

‘Table A

a The numbers shown in sections 1, 2 and 3 may decrease in order to comply with international obligations of the Union.
b 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.
c 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.
d One medium size purse seiner may be replaced by no more than 10 longline vessels.
e Polyvalent vessels, using multi-gear equipment.
f Line vessels operating in the Atlantic.
g Polyvalent vessels, using multi-gear equipment (longline, handline, trolling line).’
Number of fishing vesselsa
	Cyprusb	Greecec	Croatia	Italy	France	Spain	Maltad
Purse Seiners	1	1	16	12	20	6	1
Longliners	20e	0	0	30	8	31	54
Baitboat	0	0	0	0	37	60	0
Handline	0	0	12	0	33f	2	0
Trawler	0	0	0	0	57	0	0
Other artisanalg	0	42	0	0	118	184	0

(1)

Council Regulation (EU) 2018/120 of 23 January 2018 fixing for 2018 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) 2017/127 (OJ L 27, 31.1.2018, p. 1).