COUNCIL REGULATION (EU) No 44/2012
of 17 January 2012
fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements
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)
Article 43(3) of the Treaty provides that the Council, on a proposal from the Commission, is to adopt measures on the fixing and allocation of fishing opportunities.
(2)
Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1) requires that Union measures governing access to waters and resources and the sustainable pursuit of fishing activities be established taking into account available scientific, technical and economic advice and in particular reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF), as well as in the light of any advice received from Regional Advisory Councils.
(3)
It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities by fishery or by group of fisheries, including certain conditions functionally linked thereto, as appropriate. Fishing opportunities should be distributed among Member States in such a way as to assure each Member State relative stability of fishing activities for each stock or fishery and having due regard to the objectives of the common fisheries policy established in Regulation (EC) No 2371/2002.
(4)
In order to ensure uniform conditions for the implementation of this Regulation relating to revising quotas for capelin available to the Union in Greenland waters of ICES subareas V and XIV under the Fisheries Partnership Agreement with Greenland, powers should be conferred on the Commission.
(5)
In order to ensure uniform conditions for the implementation of catch limits for certain stocks of short-lived species, implementing powers should be conferred on the Commission relating to revising the TAC in the light of scientific information collected during the first half of 2012. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (2).
(6)
The Commission should adopt immediately applicable implementing acts relating to revising the TAC of these stocks of short-lived species where, in duly justified cases relating to the need for the Union to comply with its international obligations, imperative grounds of urgency so require.
(7)
Certain TACs allow Member States to grant additional allocations for vessels participating in trials on fully documented fisheries. The aim of those trials is to test a catch-quota system to avoid discards and the waste of otherwise usable fish resources it entails. Uncontrolled discards of fish are a threat to the long term sustainability of fish as a public good and thus to the common fisheries policy objectives. By contrast, catch-quota systems inherently present the fishers with an incentive to optimise the catch selectivity of their operations. In order to achieve a rational management of discards, a fully documented fishery should cover every operation at sea, rather than what is landed at port. The conditions for Member States to grant such additional allocations should therefore include an obligation to ensure the use of close circuit television cameras (CCTV) associated to a system of sensors. This should enable to record in detail all retained and discarded parts of catches. A system based on human observers operating in real time on board would be less efficient, more costly, and less reliable. Consequently, the use of CCTV is at this time a prerequisite for the achievement of discard reduction schemes such as fully documented fisheries, provided that the requirements of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3) are complied with.
(8)
The TACs should be established on the basis of available scientific advice, taking into account biological and socio-economic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders, in particular at the meetings with the Advisory Committee for Fisheries and Aquaculture and the Regional Advisory Councils concerned.
(9)
For stocks subject to specific multiannual plans, the TACs should be established in accordance with the rules laid down in those plans. Consequently, the TACs for stocks of sole in the North Sea, of plaice in the North Sea, of cod in the North Sea, Skagerrak and the eastern Channel, and of bluefin tuna in the eastern Atlantic and the Mediterranean should be established in accordance with the rules laid down in Council Regulation (EC) No 676/2007 of 11 June 2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea (4); Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (5) (the ‘Cod Plan’); and Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean (6).
(10)
For stocks for which there is no sufficient or reliable data in order to provide size estimates, management measures and TAC levels should follow the precautionary approach to fisheries management as defined in point (i) of Article 3 of Council Regulation (EC) No 2371/2002, while taking into account stock-specific factors, including, in particular, available information on stock trends and mixed fisheries considerations.
(11)
In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (7), the stocks that are subject to the various measures referred to therein should be identified.
(12)
It is necessary to establish the fishing effort ceilings for 2012 in accordance with Articles 11 and 12 of Regulation (EC) No 1342/2008, Article 9 of Regulation (EC) No 676/2007 and Articles 5 and 9 of Regulation (EC) No 302/2009, while taking into account Council Regulation (EC) No 754/2009 of 27 July 2009 excluding certain groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008 (8).
(13)
It is appropriate, following advice from the International Council for the Exploration of the Sea (ICES), to maintain and revise a system to manage sandeel in EU waters of ICES divisions IIa and IIIa and ICES subarea IV.
(14)
For certain species, such as certain species of sharks, even a limited fishing activity could result in a serious risk to their conservation. Fishing opportunities for such species should therefore be fully restricted through a general prohibition on fishing those species.
(15)
Norway lobster is caught in mixed demersal fisheries together with various other species. In a zone to the west of Ireland, known as the Porcupine Bank, scientific advice has recommended that catches of this species do not increase in 2012. In order to help continue the recovery of the stock, it is appropriate to keep fishing opportunities confined, in a certain part of that zone and in certain periods, to the catching of pelagic species with which Norway lobster is not caught.
(16)
In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway (9), the Faroe Islands (10), Greenland (11) and Iceland (12), the Union has held consultations on fishing rights with those partners. The consultations with the Faroe Islands have not been finalised and the arrangements for 2012 with that partner are expected to be concluded in early 2012. Similarly, consultations with Iceland will continue in 2012. In order to avoid interruption of Union fishing activities whilst allowing for the necessary flexibility for the conclusion of those arrangements in 2012, it is appropriate for the Union to establish on a provisional basis the fishing opportunities for stocks subject to the agreements with Iceland and/or the Faroe Islands.
(17)
In accordance with the consultations between coastal states on the management of mackerel, blue whiting, Atlanto-Scandian herring and North Sea haddock, the Union may authorise fishing by EU vessels of up to 10 % beyond the quota available to the Union, provided that any quantities fished beyond the quota available to the Union would be deducted from its quota in 2013. Similarly, the Union may use in 2013 any unused quantities up to 10 % of the quota available to it in 2012. It is appropriate to enable such flexibility in the management of those fishing opportunities to the Member States concerned, in particular by allowing the Member States concerned to opt for the use of a flexibility quota.
(18)
The Union fisheries for cod in EU and international waters of ICES zones I and IIB have traditionally entailed by-catches of haddock. It is therefore necessary to fix haddock by-catch limits for those fisheries that are in line with historical levels.
(19)
The Union is a contracting party to several fisheries organisations and participates in other organisations as a cooperating non-party. Moreover, by virtue of the 2003 Act of Accession, fisheries agreements previously concluded by the Republic of Poland, such as the Convention on the Conservation and Management of Pollock resources in the central Bering Sea, are as from the date of accession of Poland managed by the Union. Those fisheries organisations have recommended the introduction for 2012 of a number of measures, including fishing opportunities for EU vessels. Those fishing opportunities should be implemented in the law of the Union.
(20)
At its 33rd Annual Meeting in 2011, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a number of fishing opportunities for 2012 of certain stocks in Subareas 1-4 of the NAFO Convention Area. Those fishing opportunities, which consist of certain TACs and, in the case of shrimp in fishery Division 3M, an effort allocation scheme, should be implemented in the law of the Union.
(21)
At its 82nd Annual Meeting in 2011, the Inter-American Tropical Tuna Commission (IATTC) adopted conservation measures for yellowfin tuna, bigeye tuna and skipjack tuna. IATTC also adopted a resolution on the conservation of oceanic whitetip sharks. Those measures should be implemented in the law of the Union.
(22)
At its Annual Meeting in 2011, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted the compliance tables fixing the adjusted quotas and indicating the under-utilisation and over-utilisation of the fishing opportunities of the ICCAT contracting parties. In that context, ICCAT recognised that, during the year 2010, the Union had under-exploited its quota for Northern and Southern swordfish, bigeye tuna and Northern albacore. In order to respect the adjustments to the Union quotas established by ICCAT, it is necessary to carry out the distribution of the fishing opportunities arising from this under-utilisation on the basis of the respective contribution of each Member State towards the under-utilisation without any modification of the distribution key established in this Regulation concerning the annual allocation of TACs. Furthermore, as a result of the same annual meeting, the rebuilding plan for blue and white marlins was amended, the Union quota for blue marlin decreased, the Union quota for white marlin slightly increased, and an ICCAT recommendation was adopted on the conservation of silky sharks. Those measures should be implemented in the law of the Union.
(23)
At its Annual Meeting in 2011, the Indian Ocean Tuna Commission (IOTC) did not modify its measures regarding fishing opportunities as currently implemented in the law of the Union. The currently applicable measures adopted by the IOTC should be implemented in the law of the Union.
(24)
During the Third International Meeting, held in May 2007, for the creation of a Regional Fisheries Management Organisation (RFMO) in the high seas of the South Pacific (SPRFMO), the participants adopted interim measures, including fishing opportunities, in order to regulate pelagic fishing activities as well as bottom fisheries in that area until the establishment of such RFMO. Those interim measures were revised at the 2nd Preparatory Conference for the SPRFMO Commission held in January 2011 and will be revised again at the 3rd Preparatory Conference for the SPRFMO Commission to be held from 30 January to 3 February 2012. Those interim measures are voluntary and not legally binding under international law. It is however appropriate, in accordance with the cooperation and conservation obligations enshrined in the International Law of the Sea, to implement those measures in the law of the Union by establishing an overall quota for the Union and an allocation among the Member States concerned.
(25)
At its Annual Meeting in 2011, the South East Atlantic Fisheries Organisation (SEAFO) did not modify the total allowable catches for Patagonian toothfish, orange roughy, alfonsinos and deep-sea red crab agreed for 2011 and 2012 at its Annual Meeting in 2010. The currently applicable measures adopted by the SEAFO should be implemented in the law of the Union.
(26)
In the light of the most recent scientific advice from ICES and in accordance with the international commitments in the context of the North East Atlantic Fisheries Convention (NEAFC), it is necessary to limit the fishing effort on certain deep-sea species.
(27)
The 8th Annual Meeting of the Western and Central Pacific Fisheries Commission (WCPFC) in 2011 has been postponed until 2012. However, it is appropriate that the currently applicable conservation and management measures remain in place until that Annual Meeting is held.
(28)
At its Annual Meeting in 2011, the Parties to the Convention on the Conservation and Management of Pollock resources in the central Bering Sea did not modify its measures regarding fishing opportunities. The currently applicable measures should be implemented in the law of the Union.
(29)
Certain international measures which create or restrict fishing opportunities for the Union are adopted by the relevant RFMOs at the end of the year and become applicable before the entry into force of this Regulation. It is therefore necessary for the provisions that implement such measures in the law of the Union to apply retroactively. In particular, since the fishing season in CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) Convention Area runs from 1 December to 30 November, and thus certain fishing opportunities or prohibitions in the CCAMLR Convention Area are laid down for a period of time starting from 1 December 2011, it is appropriate that the relevant provisions of this Regulation apply from that date. Such retroactive application will be without prejudice to the principle of legitimate expectations as CCAMLR members are forbidden to fish in the CCAMLR Convention Area without authorisation.
(30)
On 16 December 2011 the Union made a declaration with respect to the Bolivarian Republic of Venezuela (‘Venezuela’) on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of Venezuela in the exclusive economic zone (EEZ) of the coast of French Guyana. It is necessary to fix the fishing opportunities for snappers available to Venezuela in EU waters.
(31)
The use of fishing opportunities available to EU vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (13), and in particular to Articles 33 and 34 thereof concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.
(32)
In order to avoid the interruption of fishing activities and to ensure the livelihood of the fishermen of the Union, this Regulation should apply from 1 January 2012, except for the provisions concerning fishing effort limits, which should apply from 1 February 2012, and specific provisions in particular regions, which should have a specific date of application as indicated in recital 29. For reasons of urgency, this Regulation should enter into force immediately after its publication.
(33)
Fishing opportunities should be used in full compliance with the applicable law of the Union,
HAS ADOPTED THIS REGULATION:
TITLE I
SCOPE AND DEFINITIONS
Article 1
Subject matter
1. This Regulation fixes fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements.
2. The fishing opportunities referred to in paragraph 1 shall include:
(a)
catch limits for the year 2012;
(b)
fishing effort limits for the period from 1 February 2012 to 31 January 2013;
(c)
fishing opportunities for the period from 1 December 2011 to 30 November 2012 for certain stocks in the CCAMLR Convention Area; and
(d)
fishing opportunities for the periods set out in Article 27 for certain stocks in the IATTC Convention Area.
3. This Regulation also fixes provisional fishing opportunities for certain fish stocks and groups of fish stocks which are subject to fisheries consultations with third countries. The definitive fishing opportunities shall be fixed upon conclusion of those consultations in accordance with the Treaty.
4. Certain fishing opportunities identified in Annex I remain unallocated and may not be fished by the Member States until definitive fishing opportunities have been established in accordance with paragraph 3.
Article 2
Scope
This Regulation shall apply to:
(a)
EU vessels; and
(b)
third-country vessels in EU waters.
Article 3
Definitions
For the purpose of this Regulation the following definitions shall apply:
(a)
‘EU vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;
(b)
‘third-country vessel’ means a fishing vessel flying the flag of, and registered in, a third country;
(c)
‘EU waters’ means waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent to the overseas countries and territories listed in Annex II to the Treaty;
(d)
‘total allowable catch’ (TAC) means the quantity that can be taken and landed from each fish stock each year;
(e)
‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country;
(f)
‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;
(g)
‘mesh size’ means the mesh size of fishing nets as determined in accordance with Regulation (EC) No 517/2008 (14).
Article 4
Fishing zones
For the purposes of this Regulation, the following zone definitions shall apply:
(a)
ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation (EC) No 218/2009 (15);
(b)
‘Skagerrak’ means the geographical area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast;
(c)
‘Kattegat’ means the geographical area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;
(d)
CECAF (Committee for Eastern Central Atlantic Fisheries) zones are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 (16);
(e)
NAFO (Northwest Atlantic Fisheries Organisation) zones are the geographical areas specified in Annex III to Regulation (EC) No 217/2009 (17);
(f)
‘SEAFO (South East Atlantic Fisheries Organisation) Convention Area’ is the geographical area defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (18);
(g)
‘ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention Area’ is the geographical area defined in the International Convention for the Conservation of Atlantic Tunas (19);
(h)
‘CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) Convention Area’ is the geographical area defined in point (a) of Article 2 of Regulation (EC) No 601/2004 (20);
(i)
‘IATTC (Inter American Tropical Tuna Commission) Convention Area’ is the geographical area defined in the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (21);
(j)
‘IOTC (Indian Ocean Tuna Commission) Convention Area’ is the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission (22);
(k)
‘SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area’ is the high seas geographical area south of 10° N, north of the CCAMLR Convention Area, east of the SIOFA Convention Area as defined in the Southern Indian Ocean Fisheries Agreement (23), and west of the areas of fisheries jurisdictions of South American States;
(l)
‘the WCPFC (Western and Central Pacific Fisheries Commission) Convention Area’ is the geographical area defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (24);
(m)
‘high seas of the Bering Sea’ is the geographical area of the high seas of the Bering Sea beyond 200 nautical miles from the baselines from which the breadth of the territorial sea of the coastal States of the Bering Sea is measured.
TITLE II
FISHING OPPORTUNITIES FOR EU VESSELS
CHAPTER I
General provisions
Article 5
TACs and allocations
1. The TACs for EU vessels in EU waters or in certain non-EU waters and the allocation of such TACs among Member States, and the conditions functionally linked thereto, where appropriate, are set out in Annex I.
2. EU vessels are authorised to make catches, within the TACs set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the condition set out in Article 14 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008 (25) and its implementing provisions.
3. The Commission shall revise quotas for capelin available to the Union in Greenland waters of ICES subareas V and XIV on the basis of the TAC and its allocation to the Union established by Greenland in accordance with the Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand, and the Protocol thereto.
4. In the light of scientific information collected during the first half of 2012, TACs set out in Annex I for the following stocks may be revised by the Commission by means of implementing acts adopted in accordance with the procedure referred to in Article 38(2):
(a)
the stock of sandeel and associated by-catches in EU waters of ICES divisions IIa and IIIa and ICES subarea IV in accordance with Annex IIB to this Regulation;
(b)
the stock of Norway pout and associated by-catches in ICES subarea IIIa and EU waters of ICES division IIa and ICES subarea IV; and
(c)
the stock of sprat and associated by-catches in EU waters of ICES division IIa and ICES subarea IV.
5. On duly justified imperative grounds of urgency relating to the obligation of the Union to comply with its international obligations, the Commission shall revise the TACs set out in Annex I for the stocks referred to in paragraph 4 of this Article by means of immediately applicable implementing acts in accordance with the procedure referred to in Article 38(3). Those acts shall remain in force for the period of application of this Regulation, and in any case not later than 31 December 2012.
Article 6
Additional allocation for vessels participating in trials on fully documented fisheries
1. For certain stocks, a Member State may grant an additional allocation to vessels flying its flag participating in trials on fully documented fisheries. Those stocks are identified in Annex I. The additional allocation shall not exceed an overall limit set out in Annex I as a percentage of the quota allocated to that Member State.
2. The additional allocation referred to in paragraph 1 may be granted only in accordance with the following conditions:
(a)
the vessel makes use of close circuit television cameras (CCTV) associated to a system of sensors to record all fishing and processing activities on board the vessels;
(b)
the amount of the additional allocation granted to an individual vessel that participates in trials on fully documented fisheries shall be no more than 75 % of the discards estimated for the type of vessel to which it belongs, and in any case shall not represent more than a 30 % increase of the vessel's basic allocation; and
(c)
all catches of the relevant stock subject to the additional allocation by that vessel shall be counted against its total allocation.
Notwithstanding point (b), a Member State may exceptionally grant to vessel flying its flag additional allocation that corresponds to more than 75 % of the estimated discards for the type of vessel to which the vessel concerned belongs, provided that:
(i)
the estimated discards for the type of vessel are less than 10 %;
(ii)
it can be demonstrated that the inclusion of that type of vessel is important to evaluate the potential of the CCTV system for control purposes; and
(iii)
an overall limit of 75 % of the estimated discards is not exceeded for all vessels participating in the trials.
3. Where a Member State detects that a vessel participating in trials on fully documented fisheries fails to comply with the conditions set out in paragraph 2, it shall immediately withdraw the additional allocation granted to that vessel and exclude it from participation in those trials for the remainder of the year 2012.
4. Prior to granting the additional allocation referred to in paragraph 1, a Member State shall submit to the Commission the following information:
(a)
the list of vessels flying its flag participating in trials on fully documented fisheries,
(b)
the specifications of the remote electronic monitoring equipment installed on board those vessels;
(c)
the capacity, type and specification of gears used by those vessels;
(d)
the estimated discards for each type of vessel participating in the trials; and
(e)
the amount of catches of the stock subject to the relevant TAC made in 2011 by the vessels participating in the trials.
5. The Commission may request that the assessment of the estimated discards for the type of vessel referred to in point (b) of paragraph 2, be submitted to a scientific advisory body for review. In the absence of a confirming assessment, the Member State concerned shall inform the Commission, in writing, of the measures taken to ensure that the relevant vessels comply with the estimated discards condition established in point (b) of paragraph 2.
Article 7
Flexibility in the management of certain stocks
1. For certain stocks identified in Annex I, a Member State may opt to increase its initial quota set in Annex I by 10 %. The Member State concerned shall notify its decision to the Commission. Upon such notification, the increased quota shall be considered the quota allocated to that Member State.
2. Any quantities fished in 2012 under such increased quota that exceed the initial quota shall be deducted for the purpose of calculating the quota of the Member State concerned for the relevant stock for 2013.
3. Any quantities not fished 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 2013.
Article 8
Conditions for landing catches and by-catches
Fish from stocks for which TACs are established shall be retained on board or landed only if:
(a)
the catches have been taken by vessels flying the flag of a Member State having a quota and that quota is not exhausted; or
(b)
the catches consist of a share in a EU quota which has not been allocated by quota among Member States, and that EU quota has not been exhausted.
Article 9
Fishing effort limits
From 1 February 2012 to 31 January 2013, the fishing effort measures laid down in Annex IIA shall apply for the management of certain cod, plaice and sole stocks in:
(a)
the Skagerrak;
(b)
that part of ICES division IIIa not covered by the Skagerrak and the Kattegat;
(c)
ICES subarea IV;
(d)
EU waters of ICES division IIa; and
(e)
ICES division VIId.
Article 10
Catch and effort limits for deep-sea fisheries
1. Article 3(1) of Regulation (EC) No 2347/2002 (26) establishing the requirement of holding a deep-sea fishing permit shall apply to Greenland halibut. The catching, retaining on board, transhipping and landing of Greenland halibut shall be subject to the conditions referred to in that Article.
2. Member States shall ensure that for 2012 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits referred to in Article 3(1) of Regulation (EC) No 2347/2002 do not exceed 65 % of the average annual fishing effort deployed by the vessels of the Member State concerned in 2003 on trips when deep-sea fishing permits were held or deep-sea species, as listed in Annexes I and II to that Regulation, were caught. This paragraph shall apply only to fishing trips on which more than 100 kg of deep-sea species, other than greater silver smelt, were caught.
Article 11
Special provisions on allocations of fishing opportunities
1. The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:
(a)
exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
(b)
reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009 or pursuant to Article 10(4) of Regulation (EC) No 1006/2008;
(c)
additional landings allowed under Article 3 of Regulation (EC) No 847/96;
(d)
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;
(e)
deductions made pursuant to Articles 37, 105, 106 and 107 of Regulation (EC) No 1224/2009.
2. Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TAC.
Article 12
Closed fishing season
1. It shall be prohibited to fish or retain on board any of the following species in the Porcupine Bank during the period from 1 May to 31 July 2012: tusk, blue ling and ling.
2. For the purposes of this Article, the Porcupine Bank shall comprise the geographical area bounded by rhumb lines sequentially joining the following positions:
Point
Latitude
Longitude
1
52° 27′ N
12° 19′ W
2
52° 40′ N
12° 30′ W
3
52° 47′ N
12° 39,600′ W
4
52° 47′ N
12° 56′ W
5
52° 13,5′ N
13° 53,830′ W
6
51° 22′ N
14° 24′ W
7
51° 22′ N
14° 03′ W
8
52° 10′ N
13° 25′ W
9
52° 32′ N
13° 07,500′ W
10
52° 43′ N
12° 55′ W
11
52° 43′ N
12° 43′ W
12
52° 38,800′ N
12° 37′ W
13
52° 27′ N
12° 23′ W
14
52° 27′ N
12° 19′ W
3. By way of derogation from paragraph 1, transit through the Porcupine Bank, carrying on board the species referred to in that paragraph, shall be permitted in accordance with Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009.
Article 13
Prohibitions
1. It shall be prohibited for EU vessels to fish for, to retain on board, to tranship or to land the following species:
(a)
basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in EU and non-EU waters;
(b)
porbeagle (Lamna nasus) in all waters, except where it is provided otherwise in Annex I, Part B to Regulation (EU) No 43/2012 (27);
(c)
angel shark (Squatina squatina) in EU waters;
(d)
common skate (Dipturus batis) in EU waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;
(e)
undulate ray (Raja undulata) and white skate (Rostroraja alba) in EU waters of ICES subareas VI, VII, VIII, IX and X; and
(f)
guitarfishes (Rhinobatidae) in EU waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII.
2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. They shall be promptly released.
Article 14
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to the landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.
CHAPTER II
Fishing authorisations in third-country waters
Article 15
Fishing authorisations
1. The maximum number of fishing authorisations for EU vessels fishing in waters of a third country is set out in Annex III.
2. Where one Member State transfers quota to another Member State (‘swap’) in the fishing areas set out in Annex III on the basis of Article 20(5) of Regulation (EC) No 2371/2002, the transfer shall include an appropriate transfer of fishing authorisations and shall be notified to the Commission. However, the total number of fishing authorisations for each fishing area, as set out in Annex III, shall not be exceeded.
CHAPTER III
Fishing opportunities in waters of regional fisheries management organisations
Section 1
ICCAT Convention Area
Article 16
Fishing, farming and fattening capacity limitations for bluefin tuna
1. The number of EU bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic shall be limited as set out in point 1 of Annex IV.
2. The number of EU coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean shall be limited as set out in point 2 of Annex IV.
3. The number of EU vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be limited as set out in point 3 of Annex IV.
4. The number and total capacity in gross tonnage of fishing vessels authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex IV.
5. The number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery shall be limited as set out in point 5 of Annex IV.
6. The bluefin tuna farming capacity, the fattening capacity and the maximum input of wild caught bluefin tuna allocated to the farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex IV.
Article 17
Additional conditions to the bluefin tuna quota allocated in Annex ID
In addition to the prohibition period provided for in Article 7(2) of Regulation (EC) No 302/2009, purse-seine fishing for bluefin tuna shall be prohibited in the eastern Atlantic and Mediterranean from 15 April to 15 May 2012.
Article 18
Recreational and sport fisheries
Member States shall allocate a specific quota of bluefin tuna for recreational and sport fisheries from their quotas allocated in Annex ID.
Article 19
Sharks
1. Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks (Alopias superciliosus) in any fishery shall be prohibited.
2. It shall be prohibited to undertake a directed fishery for species of thresher sharks of the genus Alopias.
3. Retaining on board, transhipping or landing any part or whole carcass of hammerhead sharks of the family Sphyrnidae (except for the Sphyrna tiburo) in association with fisheries in the ICCAT Convention Area shall be prohibited.
4. Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) taken in any fishery shall be prohibited.
5. Retaining on board silky sharks (Carcharhinus falciformis) taken in any fishery shall be prohibited.
Section 2
CCAMLR Convention Area
Article 20
Prohibitions and catch limitations
1. Direct fishing of the species set out in Annex V, Part A, shall be prohibited in the zones and during the periods set out therein.
2. For exploratory fisheries, the TACs and by-catch limits set out in Annex V, Part B, shall apply in the subareas set out therein.
Article 21
Exploratory fisheries
1. Only those Member States which are members of the CCAMLR Commission may participate in longline exploratory fisheries for Dissostichus spp. in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of national jurisdiction in 2012. If such a Member State intends to participate in such fisheries, it shall notify the CCAMLR Secretariat in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 and in any case no later than 1 June 2012.
2. With regard to FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1,58.4.2 and 58.4.3a TACs and by-catch limits per subarea and division, and their distribution among Small Scale Research Units (SSRUs) within each of them, shall be as set out in Annex V, Part B. Fishing in any SSRU shall cease when the reported catch reaches the specified TAC, and the SSRU shall be closed to fishing for the remainder of the season.
3. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and fishing effort. However, fishing in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2 and 58.4.3a shall be prohibited in depths less than 550 m.
Article 22
Krill fishery during the 2012/2013 fishing season
1. Only those Member States which are members of the CCAMLR Commission may fish for krill (Euphausia superba) in the CCAMLR Convention Area during the 2012/2013 fishing season. If such a Member State intends to fish for krill in the CCAMLR Convention Area, it shall notify the CCAMLR Secretariat, in accordance with Article 5a of Regulation (EC) No 601/2004, and the Commission, and in any case no later than 1 June 2012:
(a)
of its intention to fish for krill, using the format laid down in Annex V, Part C;
(b)
of the net configuration form, using the format laid down in Annex V, Part D.
2. The notification referred to in paragraph 1 of this Article shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each vessel to be authorised by the Member State to participate in the krill fishery.
3. A Member State intending to fish for krill in the CCAMLR Convention Area shall only notify its intention to do so in respect of authorised vessels either flying its flag at the time of the notification or flying the flag of another CCAMLR member that are expected, at the time the fishery takes place, to be flying the flag of that Member State.
4. Member States shall be entitled to authorise participation in a krill fishery by vessels other than those notified to CCAMLR Secretariat in accordance with paragraphs 1, 2 and 3 of this Article, if an authorised vessel is prevented from participation due to legitimate operational reasons or force majeure. In such circumstances the Member States concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing:
(a)
full details of the intended replacement vessel(s), including information provided for in Article 3 of Regulation (EC) No 601/2004;
(b)
a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references.
5. Member States shall not authorise a vessel on either of the CCAMLR illegal, unreported and unregulated (IUU) Vessel Lists to participate in krill fisheries.
Section 3
IOTC Convention Area
Article 23
Limitation of fishing capacity of vessels fishing in the IOTC Convention Area
1. The maximum number of EU vessels fishing for tropical tunas in the IOTC Convention Area and the corresponding capacity in gross tonnage shall be as set out in point 1 of Annex VI.
2. The maximum number of EU vessels fishing for swordfish (Xiphias gladius) and albacore (Thunnus alalunga) in the IOTC Convention Area and the corresponding capacity in gross tonnage shall be as set out in point 2 of Annex VI.
3. Member States may re-allocate vessels assigned to one of the two fisheries referred to in paragraphs 1 and 2 to the other fishery, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.
4. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the record of vessels of other tuna regional fisheries organisations. Furthermore, no vessels featuring on the list of vessels engaged in IUU fishing activities (IUU vessels) of any RFMO may be transferred.
5. In order to take into account the implementation of the development plans submitted to the IOTC, Member States may only increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2 within the limits set out in those plans.
Article 24
Sharks
1. Retaining on board, transhipping 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. When accidentally caught, species referred to in paragraph 1 shall not be harmed. They shall be promptly released.
Section 4
SPRFMO Convention Area
Article 25
Pelagic fisheries - capacity limitation
Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2012 to the levels of total 78 610 gross tonnage in that area in such manner that sustainable exploitation of the pelagic fishery resources in the South Pacific is ensured.
Article 26
Pelagic fisheries - TACs
1. Only Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009, as specified in Article 25, may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IJ.
2. Member States shall notify the Commission on a monthly basis of the names and characteristics, including gross tonnage, of vessels flying their flag engaged in the fishery referred to in this Article.
3. For the purpose of monitoring the fishery referred to in this Article, Member States shall send to the Commission, in order to communicate them to the SPRFMO Interim Secretariat, records from vessel monitoring systems (VMS), monthly catch reports and, where available, port calls at the latest by the 15th day of the following month.
Article 27
Bottom fisheries
Member States with a track record in bottom fishing effort or catch in the SPRFMO Convention Area over the period from 1 January 2002 to 31 December 2006 shall limit their effort or catch to:
(a)
the average level of catches or effort parameters over that period; and
(b)
only those parts of the SPRFMO Convention Area where bottom fisheries has occurred in any previous fishing season.
Section 5
IATTC Convention Area
Article 28
Purse-seine fisheries
1. The fishing by purse-seine vessels for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and skipjack tuna (Katsuwonus pelamis) shall be prohibited:
(a)
from 29 July to 28 September 2012 or from 18 November 2012 to 18 January 2013 in the area defined by the following limits:
-
the Pacific coastlines of the Americas,
-
longitude 150° W,
-
latitude 40° N,
-
latitude 40° S;
(b)
from 29 September to 29 October 2012 in the area defined by the following limits:
-
longitude 96° W,
-
longitude 110° W,
-
latitude 4° N,
-
latitude 3° S.
2. The Member States concerned shall notify the Commission of the selected period of closure referred to in paragraph 1 before 1 April 2012. All the purse-seine vessels of the Member States concerned shall stop purse-seine fishing in the areas defined in paragraph 1 during the selected period.
3. Purse-seine vessels fishing for tuna in the IATTC Convention Area shall retain on board and then land or tranship all yellowfin, bigeye and skipjack tuna caught.
4. Paragraph 3 shall not apply in the following cases:
(a)
where the fish is considered unfit for human consumption for reasons other than size; or
(b)
during the final set of a trip when there may be insufficient well space remaining to accommodate all the tuna caught in that set.
5. It shall be prohibited to fish for oceanic whitetip sharks (Carcharhinus longimanus) in the IATTC Convention Area, and to retain on board, to tranship, to store, to offer to sell, to sell or to land any part or whole carcass of oceanic whitetip sharks in that area.
6. When accidentally caught, the species referred to in paragraph 5 shall not be harmed. It shall be promptly released by vessel operators, who shall also:
(a)
record the number of releases with indication of status (dead or alive);
(b)
report the information specified in paragraph (a) to the Member State of which they are nationals. Member States shall transmit this information to the Commission by 31 January 2013.
Section 6
SEAFO Convention Area
Article 29
Prohibition of fishing for deep water sharks
Directed fishing for the following deep water sharks in the SEAFO Convention Area shall be prohibited:
-
skates (Rajidae),
-
spiny dogfish (Squalus acanthias),
-
blurred smooth lanternshark (Etmopterus bigelowi),
-
shorttail lanternshark (Etmopterus brachyurus),
-
great lanternshark (Etmopterus princeps),
-
smooth lanternshark (Etmopterus pusillus),
-
ghost catshark (Apristurus manis),
-
velvet dogfish (Scymnodon squamulosus),
-
and deep-sea sharks of super-order Selachimorpha.
Section 7
WCPFC Convention Area
Article 30
Fishing effort limitations for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore
Member States shall ensure that the total fishing effort for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), skipjack tuna (Katsuwonus pelamis) and south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area is limited to the fishing effort provided for in fisheries partnership agreements between the Union and coastal States in that region.
Article 31
Closed area for FAD fishing
1. In the part of the WCPFC Convention Area located between 20° N and 20° S, fishing activities of purse-seine vessels making use of fish aggregating devices (FADs) shall be prohibited between 00:00 hours of 1 July 2012 and 24:00 hours of 30 September 2012. During that period, a purse-seine vessel may only engage in fishing operations within that part of the WCPFC Convention Area if it carries onboard an observer to monitor that at no time does the vessel:
(a)
deploy or service a FAD or associated electronic device;
(b)
fish on schools in association with FADs.
2. All purse-seine vessels fishing in the part of the WCPFC Convention Area referred to in paragraph 1 shall retain onboard and land or tranship all bigeye, yellowfin and skipjack tuna caught.
3. Paragraph 2 shall not apply in the following cases:
(a)
in the final set of a trip, if the vessel has insufficient well space left to accommodate all fish;
(b)
where the fish is unfit for human consumption for reasons other than size; or
(c)
when a serious malfunction of freezer equipment occurs.
Article 32
Closed areas for purse-seine fisheries
The fishing by purse-seine vessels for bigeye tuna and yellowfin tuna shall be prohibited in the following high seas areas:
(a)
the international waters enclosed by the boundaries of the EEZ of Indonesia, Palau, Micronesia and Papua New Guinea;
(b)
the international waters enclosed by the boundaries of the EEZ of Micronesia, Marshall Islands, Nauru, Kiribati, Tuvalu, Fiji, Solomon Islands and Papua New Guinea.
Article 33
Limitations to the number of EU vessels authorised to fish swordfish
The maximum number of EU vessels authorised to fish for swordfish (Xiphias gladius) in areas south of 20° S of the WCPFC Convention Area shall be as indicated in Annex VII.
Section 8
Bering Sea
Article 34
Prohibition on fishing in the high seas of the Bering Sea
Fishing for pollock (Theragra chalcogramma) in the high seas of the Bering Sea shall be prohibited.
TITLE III
FISHING OPPORTUNITIES FOR THIRD-COUNTRY VESSELS IN EU WATERS
Article 35
TACs
Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in EU waters within the TACs set out in Annex I to this Regulation and subject to the conditions provided for in this Title and Chapter III of Regulation (EC) No 1006/2008.
Article 36
Fishing authorisations
1. The maximum number of fishing authorisations for third-country vessels fishing in EU waters is laid down in Annex VIII.
2. Fish from stocks for which TACs are fixed shall not be retained on board or landed unless the catches have been taken by third-country vessels having a quota and that quota is not exhausted.
Article 37
Prohibitions
1. It shall be prohibited for third-country vessels to fish for, to retain on board, to tranship or to land the following species:
(a)
basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in all EU waters;
(b)
angel shark (Squatina squatina) in all EU waters;
(c)
common skate (Dipturus batis) in EU waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;
(d)
undulate ray (Raja undulata) and white skate (Rostroraja alba) in EU waters of ICES subareas VI, VII, VIII, IX and X;
(e)
porbeagle (Lamna nasus) in all EU waters; and
(f)
guitarfishes (Rhinobatidae) in EU waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII.
2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. They shall be promptly released.
TITLE IV
FINAL PROVISIONS
Article 38
Committee procedure
1. The Commission shall be assisted by the Committee for fisheries and aquaculture established by Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
Article 39
Entry into force and application
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2012.
However, Article 9 shall apply from 1 February 2012.
The fishing opportunities or prohibitions for the CCAMLR Convention Area set out in Articles 20, 21 and 22 and Annexes IE and V shall apply with effect from the beginning of the respective periods of application specified for those fishing opportunities or prohibitions.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 January 2012.