Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (recast) (Text with EEA relevance)

Article 1

Each Member State shall submit to the Commission data on the nominal catches by vessels registered in or flying the flag of that Member State fishing in certain areas other than those of the North Atlantic, with due regard to Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (⁵).

The nominal catch data shall include all fishery products landed or transhipped at sea in no matter what form but shall exclude quantities which, subsequent to capture, are discarded at sea, consumed on board or used as bait on board. The data shall be recorded as the live weight equivalent of the landings or transhipments, to the nearest tonne.

Article 2

Those delegated acts shall be adopted only where they are necessary in order to take account of economic and technical developments and they do not impose a significant additional burden on Member States or on the respondents.

The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where appropriate, input from relevant experts based on a cost-effectiveness analysis, including an assessment of the burden on the respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation (EC) No 223/2009 of the European Parliament and of the Council (⁶).

Article 3

Except where provisions adopted under the common fisheries policy dictate otherwise, a Member State shall be permitted to use sampling techniques to derive catch data for those parts of the fleet for which the complete coverage of the data would involve the excessive application of administrative procedures. The details of the sampling procedures, together with details of the proportion of the total data derived by such techniques, must be included by the Member State in the report submitted pursuant to Article 6(1).

Article 4

Member States shall fulfil their obligations pursuant to Articles 1 and 2 by submitting the data on magnetic medium, the format of which is given in Annex V.

Member States may submit data in the format detailed in Annex VI.

With the prior approval of the Commission, Member States may submit data in a different form or on a different medium.

Article 5

Article 6

Article 7

Article 8

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

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

ANNEX I

EASTERN CENTRAL ATLANTIC (Major fishing area 34)

MEDITERRANEAN AND BLACK SEA (Major fishing area 37)

SOUTH-WEST ATLANTIC (Major fishing area 41)

SOUTH-EAST ATLANTIC (Major fishing area 47)

WESTERN INDIAN OCEAN (Major fishing area 51)

ANNEX II

EASTERN CENTRAL ATLANTIC (Major fishing area 34)

Annex III A shows the boundaries and the sub-areas, divisions and subdivisions of the eastern central Atlantic (Major fishing area 34 (eastern central Atlantic)). A description of the area and its sub-areas, divisions and subdivisions follows. The eastern central Atlantic includes all the waters of the Atlantic bounded by a line drawn as follows:

from a point on the high-water mark of North Africa at 5^o36′ west longitude in a south-westerly direction following the high-water mark along this coast to a point at Ponta do Padrão (6^o04′36″ south latitude and 12^o19′48″ east longitude); thence along a rhumb line in a north-westerly direction to a point on 6^o00′ south latitude and 12^o00′ east longitude; thence due west along 6^o00′ south latitude to 20^o00′ west longitude; thence due north to the Equator; thence due west to 30^o00′ west longitude; thence due north to 5^o00′ north latitude; thence due west to 40^o00′ west longitude, thence due north to 36^o00′ north latitude; thence due east to Punta Marroqui at 5^o36′ west longitude; thence due south to the original point on the African coast.

The eastern central Atlantic is subdivided in the following way:

Northern coastal sub-area (Sub-area 34.1)

Waters lying between 36^o00′ north latitude and 26^o00′ north latitude, and east of a line drawn due south from 36^o00′ north latitude along 13^o00′ west longitude to 29^o00′ north latitude, and thence in south-westerly direction along a rhumb line to a point at 26^o00′ north latitude and 16^o00′ west longitude.

Waters lying between 36^o00′ north latitude and 26^o00′ north latitude, and between 20^o00′ west longitude and a line drawn from 36^o00′ north latitude along 13^o00′ west longitude to 29^o00′ north latitude, and thence along a rhumb line to a point at 26^o00′ north latitude and 16^o00′ west longitude.

Waters lying between 26^o00′ north latitude and 19^o00′ north latitude and east of 20^o00′ west longitude.

Northern oceanic sub-area (Sub-area 34.2)

Waters lying between 36^o00′ north latitude and 20^o00′ north latitude and between 40^o00′ west longitude and 20^o00′ west longitude.

Southern coastal sub-area (Sub-area 34.3)

Waters lying between 19^o00′ and 9^o00′ north latitude, and east of 20^o00′ west longitude.

Waters lying between 20^o00′ north latitude and 10^o00′ north latitude, and between 30^o00′ west longitude and 20^o00′ west longitude.

Waters lying between 9^o00′ north latitude and the Equator, and between 20^o00′ west longitude and 8^o00′ west longitude.

Waters lying north of the Equator, and between 8^o00′ west longitude and 3^o00′ east longitude.

Waters lying north of the Equator, and east of 3^o00′ east longitude.

Waters lying between the Equator and 6^o00′ south latitude, and east of 3^o00′ east longitude. This division includes also the waters of the Congo estuary lying south of 6^o00′ south latitude included by a line drawn from a point at Ponta do Padrão (6^o04′36″ south latitude and 12^o19′48″ east longitude) along a rhumb line in a north-westerly direction to a point on 6^o00′ south latitude and 12^o00′ east longitude, and thence due east along 6^o00′ south latitude to the African coast and thence along the African coast to the original point at Ponta do Padrão.

Southern oceanic sub-area (Sub-area 34.4)

Waters lying between the Equator and 6^o00′ south latitude, and between 20^o00′ west longitude and 3^o00′ east longitude.

Waters lying between 20^o00′ north latitude and 5^o00′ north latitude, and between 40^o00′ west longitude and 30^o00′ west longitude; waters lying between 10^o00′ north latitude and the Equator, and between 30^o00′ west longitude and 20^o00′ west longitude.

MEDITERRANEAN AND BLACK SEA (Major fishing area 37)

Annex III B shows the boundaries and the sub-areas and divisions of the Mediterranean and the Black Sea (Major fishing area 37). A description of this area and its subdivisions follows.

The Mediterranean and Black Sea statistical area comprises all the marine waters of (a) the Mediterranean Sea; (b) the Sea of Marmara; (c) the Black Sea; and (d) the Sea of Azov. Marine waters include brackish water lagoons and all other areas where fishes and other organisms of marine origin are predominant. The western and south-eastern limits are defined as follows:

(a) western limit: a line running due south along 5^o36′ west longitude from Punta Marroqui to the coast of Africa;

(b) south-eastern limit: the northern (Mediterranean) entrance of the Suez Canal.

THE SUB-AREAS AND DIVISIONS OF THE MEDITERRANEAN SEA STATISTICAL AREA

The western Mediterranean (Sub-area 37.1) comprises the following divisions:

The waters of the western Mediterranean bounded by a line commencing on the coast of Africa at the Algerian/Tunisian frontier running due north to 38^o00′ north latitude; thence due west to 8^o00′ east longitude; thence due north to 41^o20′ north latitude; thence westward along a rhumb line to the mainland coast at the eastern end of the frontier between France and Spain; thence following the Spanish coast to Punta Marroqui; thence due south along 5^o36′ west longitude to the coast of Africa; thence following in an eastwards direction the coast of Africa to the starting point.

The waters of the north-western Mediterranean Sea bounded by a line commencing on the mainland coast at the eastern end of the frontier between France and Spain running eastward along a rhumb line to 8^o00′ east longitude 41^o20′ north latitude; thence northward along a rhumb line to the mainland coast at the frontier between France and Italy; thence following in a south-westerly direction the coast of France to the starting point.

The waters of the Tyrrhenian Sea and adjacent waters bounded by a line commencing on the coast of Africa at the Algerian/Tunisian frontier running due north to 38^o00′ north latitude; thence due west to 8^o00′ east longitude; thence due north to 41^o20′ north latitude; thence northward along a rhumb line to the mainland coast at the frontier between France and Italy; thence following the coast of Italy to 38^o00′ north latitude; thence due west along 38^o00′ north latitude to the coast of Sicily; thence following the northern coast of Sicily to Trapani; thence along a rhumb line to Cape Bon; thence westwards following the coast of Tunisia to the starting point.

The central Mediterranean (Sub-area 37.2) comprises the following divisions:

The waters of the Adriatic Sea north of a line running from the frontier between Albania and Montenegro on the east coast of the Adriatic Sea due west to Cape Gargano on the coast of Italy.

The waters of the central Mediterranean and adjacent waters bounded by a line commencing at 25^o00′ east longitude on the coast of north Africa running due north to 34^o00′ north latitude; thence due west to 23^o00′ east longitude; thence due north to the coast of Greece; thence following the west coast of Greece and the coast of Albania to the frontier between Albania and Montenegro; thence due west to Cape Gargano on the coast of Italy; thence following the coast of Italy to 38^o00′ north latitude; thence due west along 38^o00′ north latitude to the coast of Sicily; thence following the northern coast of Sicily to Trapani; thence along a rhumb line from Trapani to Cape Bon; thence eastwards following the coast of north Africa to the starting point.

The eastern Mediterranean (Sub-area 37.3) comprises the following divisions:

The waters of the Aegean Sea and adjacent waters bounded by a line commencing on the southern coast of Greece at 23^o00′ east longitude running due south to 34^o00′ north latitude; thence due east to 29^o00′ east longitude; thence due north to the coast of Turkey; thence following the western coast of Turkey to Kum Kale; thence along a rhumb line running from Kum Kale to Cape Hellas; thence following the coasts of Turkey and Greece to the starting point.

The waters of the Mediterranean Sea east of a line commencing on the coast of north Africa at 25^o00′ east longitude running due north to 34^o00′ north latitude; thence due east to 29^o00′ east longitude; thence due north to the coast of Turkey; thence following the coasts of Turkey and other countries of the eastern Mediterranean to the starting point.

The Black Sea (Sub-area 37.4) comprises the following divisions:

The waters of the Marmara Sea bounded on the west by a line running from Cape Hellas to Kum Kale at the entrance of the Dardanelles; and on the east by a line running across the Bosporus from Kumdere.

The waters of the Black Sea and adjacent waters bounded on the south-west by a line running across the Bosporus from Kumdere and bounded on the north-east, at a line running from Takil Point on the Kerch peninsula to Panagija Point on the Taman peninsula.

The waters of the Azov Sea north of a line running along the southern entrance of the Kerch Strait, commencing from Takil Point at 45^o06′N and 36^o27′E on the Kerch peninsula, and running across the strait to Panagija Point at 45^o08′N and 36^o38′E on the Taman peninsula.

SOUTH-WEST ATLANTIC (Major fishing area 41)

Annex III C shows the boundaries and the subdivisions of the south-west Atlantic (Major fishing area 41).

A description of these areas follows.

The south-west Atlantic (Major fishing area 41) shall be defined as the waters bounded by a line starting from the coast of South America along parallel 5^o00′ north latitude to the meridian at 30^o00′ west longitude; thence due south to the Equator; thence due east to the meridian at 20^o00′ west longitude; thence due south to the parallel at 50^o00′ south latitude; thence due west to the meridian at 50^o00′ west longitude; thence due south to the parallel at 60^o00′ south latitude; thence due west to the meridian at 67^o16′ west longitude; thence due north to the point at 56^o22′S 67^o16′W; thence due east along a line at 56^o22′S to the point at 65^o43′W; the following line joining the points at 55^o22′S 65^o43′W, 55^o11′S 66^o04′W, 55^o07′S 66^o25′W; thence in a northerly direction along the coast of South America to the starting point.

The south-west Atlantic is divided into the following divisions:

Amazon division (Division 41.1.1)

All waters bounded by a line starting on the coast of South America at 5^o00′ north latitude going in along this parallel to where it meets the meridian at 40^o00′ west longitude; thence due south to the point where this meridian intersects the coast of Brazil; thence in a north-westerly direction along the coast of South America to the starting point.

Natal division (Division 41.1.2)

Waters bounded by a line due north from the coast of Brazil along the meridian at 40^o00′ west longitude to where it meets the Equator; thence due east along the Equator to the meridian at 32^o00′W; thence due south to the parallel at 10^o00′ south latitude; thence due west to where the parallel at 10^o00′S meets the coast of South America; thence in a northerly direction along the coast of South America to the starting point.

Salvador division (Division 41.1.3)

Waters bounded by a line due east from the coast of South America at 10^o00′ south latitude to where it meets the meridian at 35^o00′ west longitude; thence due south to the parallel at 20^o00′ south latitude; thence due west along this parallel to the coast of South America; thence in a northerly direction along the coast of South America to the starting point.

Northern oceanic division (Division 41.1.4)