COUNCIL REGULATION (EU) No 712/2010
of 26 July 2010
amending Regulation (EU) No 53/2010 as regards certain fishing opportunities and amending Regulation (EC) No 754/2009
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) No 53/2010 of 14 January 2010 (1) fixes for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required.
(2)
In the context of the fisheries agreement with Norway, a further 521 tonnes of cod in Norwegian waters of ICES zones I and II, as well as 150 tonnes of whiting and 100 tonnes of plaice in the North Sea have been made available to the Union. In addition, the arrangements for licences for EU vessels fishing for mackerel in Norwegian waters have been amended. These measures should be implemented in the law of the Union.
(3)
At its annual meeting in 2009, the Northwest Atlantic Fisheries Organisation (NAFO) decided to reopen the fishery for cod in zone NAFO 3M and for redfish in zone NAFO 3LN after having set a moratorium for over ten years. The by-catch rules established in Regulation (EU) No 53/2010 for the two reopened fisheries should be amended to ensure consistency with the general by-catch rules applicable in the NAFO Regulatory Area pursuant to Article 4(1) of Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (2).
(4)
In the context of the fisheries agreement with Greenland, the conditions for fishing cod in Greenlandic waters have been amended. These amendments should be implemented into the law of the Union.
(5)
At its special meeting in Madrid on 24-26 February 2010, the compliance committee of The International Commission for the Conservation of Atlantic Tunas (ICCAT) reduced the quota for bluefin tuna allocated to the European Union. It is therefore necessary to implement those new provisions into the law of the Union.
(6)
Having regard to paragraphs 5 and 8 of Article 5 and paragraph 4 of Article 6 of Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean (3) it is necessary to establish the maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna, the maximum number of tuna traps that may be authorised by each Member State, the maximum tuna farming and fattening capacity for each Member State and the maximum input of wild caught bluefin tuna that each Member State may allocate to its farms.
(7)
Within the context of establishing fishing opportunities and in accordance with Article 11 of Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (4), the Council may, on the basis of information provided by Member States and assessed by the Scientific, Technical and Economic Committee for Fisheries (STECF), exclude certain groups of vessels from the fishing effort regime established in that Regulation, provided that appropriate data is available on cod catches and discards of the vessels concerned, that the percentage of cod catches does not exceed 1,5 % of the total catches of the group of vessels and that the inclusion of the group in the effort regime would constitute an administrative burden disproportionate to its overall impact on cod stocks. Germany provided information on the cod catches by a group of vessels targeting saithe in the North Sea and in the area to the West of Scotland with bottom trawls of mesh size equal to or larger than 120 mm.
Ireland provided information on the cod catches by a group of vessels targeting Nephrops in the Irish Sea with a selective sorting grid similar to that defined in Appendix 2 to Annex III to Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (5). France provided information on the cod catches by a group of vessels targeting deep-sea species in the West of Scotland with bottom trawls of mesh size larger than 110 mm. On the basis of that information as assessed by STECF, it can be established that the cod catches, including discards, of those groups of vessels do not exceed 1,5 % of their total catches. Moreover, having regard to control and monitoring measures in place ensuring the monitoring and control of the fishing activities of those groups of vessels and considering that the inclusion of those groups would constitute an administrative burden disproportionate to the overall impact of that inclusion on cod stocks, it is appropriate to exclude those groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008, thus allowing to establish the effort limits for the Member States concerned accordingly.
(8)
Article 16(3) of Regulation (EC) No 1342/2008 allowed Member States to modify their effort allocations in 2009 by transferring their fishing effort and capacity between geographical areas, provided that certain conditions were met. On the basis of the information provided by the Netherlands regarding the transfer of a certain amount of effort and capacity from the North Sea to the Irish Sea in 2009, it is appropriate to adjust the maximum allowable effort allocated to the Netherlands, which is set out in Appendix 1 to Annex IIA to Regulation (EU) No 53/2010.
(9)
Regulation (EU) No 53/2010 and 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 (6) should therefore be amended accordingly.
(10)
Regulation (EU) No 53/2010 applies from 1 January 2010. However, the fishing effort limits are laid down for a one-year period starting from 1 February 2010. In order to follow the year-to-year regime of reporting on fishing opportunities, the provisions of this Regulation concerning catch limits and allocations should apply from 1 January 2010 and the provisions concerning fishing effort limits from 1 February 2010. Such retroactive application would be without prejudice to the principle of legal certainty as the fishing opportunities to be reduced have not yet been exhausted,
HAS ADOPTED THIS REGULATION:
Article 1
Amendment to Regulation (EU) No 53/2010
Regulation (EU) No 53/2010 is amended as follows:
1.
Article 15 is replaced by the following:
‘Article 15
Fishing and 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.’
2.
Annex IA is amended as follows:
(a)
the entry for whiting in zone IV; EU waters of IIa is replaced by the following:
‘Species
:
Whiting
Merlangius merlangus
Zone
:
IV; EU waters of IIa
(WHG/2AC4.)
Belgium
240 (7)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Denmark
1 036 (7)
Germany
270 (7)
France
1 557 (7)
the Netherlands
599 (7)
Sweden
2 (7)
United Kingdom
7 490 (7)
EU
11 194 (8)
Norway
640 (9)
TAC
12 897
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:
Norwegian waters of IV
(WHG/*04N-)
EU
8 203’
(b)
the entry for plaice in zone IV; EU water of IIa, that part of IIIa not covered by the Skagerrak and the Kattegat is replaced by the following:
‘Species
:
Plaice
Pleuronectes platessa
Zone
:
IV; EU waters of IIa; that part of IIIa not covered by the Skagerrak and the Kattegat
(PLE/2A3AX4)
Belgium
3 671
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Denmark
11 931
Germany
3 442
France
688
the Netherlands
22 946
United Kingdom
16 979
EU
59 657
Norway
4 168
TAC
63 825
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:
Norwegian waters of IV
(PLE/*04N-)
EU
24 439’
(c)
the entry for mackerel in zone IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId is replaced by the following:
‘Species
:
Mackerel
Scomber scombrus
Zone
:
IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId
(MAC/2A34.)
Belgium
475
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Denmark
12 529 (10)
Germany
495
France
1 496
the Netherlands
1 507
Sweden
4 485 (11) (12)
United Kingdom
1 395
EU
22 382 (11) (13)
Norway
103 374 (14)
TAC
Not relevant
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:
IIIa
(MAC/*03A.)
IIIa and IVbc
(MAC/*3A4BC)
IVb
(MAC/*04B.)
IVc
(MAC/*04C.)
VI; international waters of IIa from 1 January to 31 March 2010 and in December 2010
(MAC/*2A6.)
Denmark
4 130
5 360
France
490
the Netherlands
490
Sweden
390
10
1 697
United Kingdom
490
Norway
3 000’
3.
Annex IB is amended as follows:
(a)
the entry for cod in zone Greenland waters of NAFO 0 and 1; Greenland waters of V and XIV is replaced by the following:
‘Species
:
Cod
Gadus morhua
Zone
:
Greenland waters of NAFO 0 and 1; Greenland waters of V and XIV
(COD/N01514)
Germany
1 636 (15) (16)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
United Kingdom
364 (15) (16)
EU
2 500 (15) (16) (17)
TAC
Not relevant
(b)
the entry for cod in zone Norwegian waters of I and II is replaced by the following:
‘Species
:
Cod
Gadus morhua
Zone
:
Norwegian waters of I and II
(COD/1N2AB.)
Germany
2 486
Analytical TAC
Article 3 of Regulation (EU) No 847/96 does not apply.
Article 4 of Regulation (EU) No 847/96 does not apply.
Greece
308
Spain
2 773
Ireland
308
France
2 281
Portugal
2 773
United Kingdom
9 642
EU
20 571
TAC
Not relevant’
4.
Annex IC is amended as follows:
(a)
the entry for cod in zone NAFO 3M is replaced by the following:
‘Species
:
Cod
Gadus morhua
Zone
:
NAFO 3M
(COD/N3M.)
Estonia
61 (18) (19)
Germany
247 (18)
Latvia
61 (18) (19)
Lithuania
61 (18) (19)
Poland
209 (18) (19)
Spain
796 (18)
France
110 (18)
Portugal
1 070 (18)
United Kingdom
521 (18)
EU
3 136 (18) (19)
TAC
5 500 (18) (19)
(b)
the entry for redfish in zone NAFO 3LN is replaced by the following:
‘Species
:
Redfish
Sebastes spp.
Zone
:
NAFO 3LN
(RED/N3LN.)
Estonia
173 (20) (21)
Germany
119 (20)
Latvia
173 (20) (21)
Lithuania
173 (20) (21)
EU
638 (20) (21)
TAC
3 500 (20) (21)
5.
In Annex ID, the entry for bluefin tuna in zone Atlantic Ocean, east of 45° W, and Mediterranean is replaced by the following:
‘Species
:
Bluefin tuna
Thunnus thynnus
Zone
:
Atlantic Ocean, east of 45° W, and Mediterranean
(BFT/AE045W)
Cyprus
70,18 (26)
Greece
130,30
Spain
2 526,06 (23) (26)
France
2 021,93 (23) (24) (26)
Italy
1 937,50 (26) (27)
Malta
161,34 (26)
Portugal
237,66
All Member States
2,41 (22)
EU
7 087,38 (23) (24) (26) (27)
TAC
13 500
6.
Appendix 1 to Annex IIA is amended as follows:
(a)
in table (b), the columns concerning Germany (DE) and the Netherlands (NL) are replaced by the following:
‘Regulated gear
DE
NL
TR 1
1 269 111
371 757
TR 2
516 154
1 080 920
TR 3
3 501
48 508
BT 1
29 271
999 808
BT 2
1 691 253
34 743 212
GN
224 484
438 664
GT
467
0
LL
0
0’
(b)
in table (c), the column concerning Ireland (IE) is replaced by the following and the following column for the Netherlands (NL) is added:
‘Regulated gear
IE
NL
TR 1
59 625
0
TR 2
778 729
0
TR 3
8 433
0
BT 1
0
0
BT 2
514 584
200 000
GN
18 255
0
GT
0
0
LL
0
0’
(c)
in table (d), the columns concerning Germany (DE) and France (FR) are replaced by the following:
‘Regulated gear
DE
FR
TR 1
11 151
2 685 733
TR 2
0
7 415
TR 3
0
0
BT 1
0
7 161
BT 2
0
13 211
GN
35 442
400 503
GT
0
0
LL
0
54 917’
7.
Annex III is replaced by the following:
‘ANNEX III
Quantitative limitations of fishing authorisations for EU vessels fishing in third-country waters
Area of fishing
Fishery
Number of fishing authori-sations
Allocation of fishing authorisations amongst Member States
Maximum number of vessels present at any time
Norwegian waters and fishery zone around Jan Mayen
Herring, north of 62°00′ N
93 (28)
DK: 32, DE: 6, FR: 1, IE: 9, NL: 11, PL: 1, SV: 12, UK: 21
69
Demersal species, north of 62°00′ N
80 (28)
DE: 16, IE: 1, ES: 20, FR: 18, PT: 9, UK: 14
50
Mackerel
97 (29)
DK: 15, DE: 4, FR: 2, IE: 23, NL: 11, SE: 6, UK: 36
70
Industrial species, south of 62°00′ N
480 (28)
DK: 450, UK: 30
150
Faroese waters
All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines
26
BE: 0, DE: 4, FR: 4, UK: 18
13
Directed fisheries for cod and haddock with a minimum mesh of 135 mm, restricted to the area south of 62°28′ N and east of 6°30′ W
8 (30)
4
Trawl fisheries outside 21 miles from the Faroese baseline. In the periods from 1 March to 31 May and from 1 October to 31 December, these vessels may operate in the area between 61°20′ N and 62°00′ N and between 12 and 21 miles from the baselines.
70
BE: 0, DE: 10, FR: 40, UK: 20
26
Trawl fisheries for blue ling with a minimum mesh of 100 mm in the area south of 61°30′ N and west of 9°00′ W and in the area between 7°00′ W and 9°00′ W south of 60°30′ N and in the area south-west of a line between 60°30′ N, 7°00′ W and 60°00′ N, 6°00′ W
70
DE: 8 (31), FR: 12 (31), UK: 0 (31)
20 (32)
Directed trawl fisheries for saithe with a minimum mesh size of 120 mm and with the possibility to use round-straps around the codend
70
22 (32)
Fisheries for blue whiting. The total number of fishing authorisations may be increased by four vessels to form pairs, should the Faroese authorities introduce special rules of access to an area called “main fishing area of blue whiting”.
36
DE: 3, DK: 19, FR: 2, NL: 5, UK: 5
20
Line fisheries
10
UK: 10
36
Mackerel
12
DK: 12
12
Herring, north of 61° N
21
DK: 7, DE: 1, IE: 2, FR: 0, NL: 3, SV: 3, UK: 5
21
8.
Annex IV is amended as follows:
(a)
the table in point 2 is replaced by the following:
‘Spain
139
France
86
Italy
35
Cyprus
25
Malta
83
EU
368’
(b)
the following points are added:
‘4.
Maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean
Table A
Number of fishing vessels
Cyprus
Greece
Italy
France
Spain
Malta
Purse Seiners
1
1
24
19
6
0
Longliners
12
0
30
0
81
83
Bait boat
0
0
0
8
61
0
Handline
0
0
0
29
2
0
Trawler
0
0
0
78 (34)
0
0
Other artisanal
0
256 (33)
0
87
33
0
Table B
Total capacity in gross tonnage
Cyprus
Greece
Italy
France
Spain
Malta
Purse Seiners
51
260
(35)
4 826
1 608
0
Longliners
409
-
1 196
0
4 416,73
1 365,64
Bait boat
-
-
-
243
10 335,58
0
Handline
-
-
-
1 436
20,96
0
Trawler
-
-
-
9 212
0
0
Other artisanal
-
3 343,21 (36)
-
943
489,83
0
5.
Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery authorised by each Member State
Number of traps
Spain
6
Italy
6
Portugal
1
6.
Maximum bluefin tuna farming capacity and fattening capacity for each Member State and maximum input of wild caught bluefin tuna that each Member State may allocate to its farms in the eastern Atlantic and Mediterranean
Table A
Maximum tuna farming capacity and fattening capacity
Number of farms
Capacity (in tonnes)
Spain
14
11 852
Italy
15
13 000
Greece
2
2 100
Cyprus
3
3 000
Malta
8
12 300
Table B
Maximum input of wild caught bluefin tuna (in tonnes)
Spain
5 855
Italy
3 764
Greece
785
Cyprus
2 195
Malta
8 768’
Article 2
Amendment to Regulation (EC) No 754/2009
In Article 1 of Regulation (EC) No 754/2009, the following points are added:
‘(f)
the group of high sea vessels flying the flag of Germany, participating in the fishery indicated in the request from Germany dated 26 March 2010, as completed by correspondence dated 9 April and 20 May 2010, targeting saithe in the North Sea, the EU waters of ICES Zone IIa and in the area to the West of Scotland with bottom trawls of mesh size equal to or larger than 120 mm;
(g)
the group of vessels flying the flag of Ireland, participating in the fishery indicated in the request from Ireland dated 26 March 2010, fishing in the Irish Sea during the period in which these vessels are fishing solely with a selective sorting grid similar to that defined in Appendix 2 to Annex III to Regulation (EC) No 43/2009 and targeting Norway lobster;
(h)
the group of vessels flying the flag of France, participating in the fishery indicated in the request from France dated 24 March 2010, as completed by correspondence dated 25 March, 29 March, 8 April and 20 May 2010, targeting deep sea species in the area to the West of Scotland with bottom trawls of mesh size larger than 110 mm.’.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
Points 1 to 5 and 8 of Article 1 shall apply from 1 January 2010.
Article 1(6) and Article 2 shall apply from 1 February 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 2010.